Nebraska Statutes 86-1244. Public power supplier; negotiated pole attachment agreement; annual pole attachment rate; applicability of act
(1) A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory terms and conditions, including, but not limited to, applicable rates, and the permit, operational, and safety requirements of the public power supplier.
Terms Used In Nebraska Statutes 86-1244
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Permit: means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility. See Nebraska Statutes 86-1220
- Public power supplier: means a public power district or any other governmental entity providing electric service. See Nebraska Statutes 86-1222
- Rate: means a recurring charge. See Nebraska Statutes 86-1223
- Small wireless facility: means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures. See Nebraska Statutes 86-1226
- Utility pole: means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. See Nebraska Statutes 86-1228
(2) The annual pole attachment rate for the collocation of a small wireless facility supported by or installed on a utility pole owned, operated, or managed by a public power supplier shall be fair, reasonable, nondiscriminatory, cost-based, and set by the board of such public power supplier in accordance with section 70-655.
(3) Except for the findings and declarations set forth in section 86-1202, the definitions set forth in sections 86-1204 to 86-1235, and subsections (1) and (2) of this section, the Small Wireless Facilities Deployment Act shall not apply to public power suppliers or to the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier.