75-109. Commission; regulatory powers; scope.
269 words·~1 min read·
/ne/chapter-75/75-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in the Agricultural Suppliers Lease Protection Act and sections 86-124 and 86-143 , the commission shall regulate and exercise general control as provided by law over all common and contract carriers engaged in the transportation of freight or passengers for hire or furnishing telecommunications services for hire in Nebraska intrastate commerce.
The phrase "provided by law" means prescribed or provided by statute, and thus, the Nebraska Public Service Commission's statutory authority over any particular common or contract carrier must be derived from some statute other than this section. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).
The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
Tacking is an extension of the authorized service under regulation of the Nebraska State Railway Commission, and the right to tack does not exist unless granted by the commission. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
A mutual or cooperative company furnishing intrastate communication services for benefit of its stockholders held, under circumstances, to be a common carrier subject to jurisdiction of railway commission. American Communication Co., Inc. v. Buntemeyer, 184 Neb. 220, 166 N.W.2d 116 (1969).