86-575. Agency or political subdivision; dark fiber; disposition; powers.
100 words·~1 min read·
/ne/chapter-86/86-575A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any agency or political subdivision of the state may:
(a)Own dark fiber;
(b)Sell dark fiber pursuant to section 86-576 ; and
(c)Lease or license dark fiber pursuant to section 86-577 .
(2)Any agency or political subdivision which sells, leases, or licenses its dark fiber pursuant to sections 86-574 to 86-578 shall not be deemed to be providing telecommunications services as defined in section 86-593 .
Under former law, subsection
(2)of this section is preempted by federal law and is unconstitutional. In re Application of Lincoln Electric System, 265 Neb. 70, 655 N.W.2d 363 (2003).