86-711. Governing entity; acts prohibited.
476 words·~2 min read·
/ne/chapter-86/86-711A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section:
(a)Action means any law, rule, regulation, ordinance, resolution, or similar action by a governing entity;
(b)Governing entity means
(i)a state agency acting in any capacity and
(ii)an agency, municipality, county, member of the public power industry, or other political subdivision that has jurisdiction over any portion of a public right-of-way or infrastructure;
(c)Infrastructure means any land, easements, conduits, poles, towers, structures, and related facilities owned and managed by a governing entity;
(d)Internet-protocol-enabled service has the same meaning as in section 86-111.01 ;
(e)Provider means a provider of telecommunications service or Internet-protocol-enabled service;
(f)Public power industry has the same meaning as in section 70-601 ;
(g)Public right-of-way means any right-of-way located in a highway as defined in section 60-624 ;
(h)Telecommunications company has the same meaning as in section 86-119 ;
(i)Telecommunications service has the same meaning as in section 86-121 ; and
(j)Voice over Internet protocol service has the same meaning as in section 86-121.01 .
(2)No governing entity shall enact, adopt, or enforce any action the effect of which would be to:
(a)Impose any regulation barred by subdivision (1)(d) of section 86-124 , including by conditioning any contract or grant upon acceptance of conditions constituting such regulation with respect to any service not offered under such contract or grant;
(b)Impose any regulation on a provider that is preempted by federal law or on a telecommunications company that is prohibited by subsection
(3)of section 86-123 ; or
(c)Condition access to infrastructure or a public right-of-way upon any regulation of or acceptance of conditions regulating telecommunications service, Internet-protocol-enabled service, voice over Internet protocol service, rates, service, or service contract terms or conditions or by providing requirements inconsistent with section 86-704 .
(3)This section shall not affect or modify:
(a)Any matter excluded from the scope of section 86-124 by subsection
(2)thereof;
(b)Any entity's rights, privileges, duties, and obligations with respect to the use of a public right-of-way or infrastructure;
(c)The authority of the Public Service Commission under the 911 Service System Act;
(d)Any authority delegated to the Public Service Commission or to any state agency to administer a state or federal grant program under a state or federal statute, rule, or order;
(e)The authority of a governing entity to enter into agreements or contracts not in conflict with subsection
(2)of this section; or
(f)Any agreement, contract, or rights to rent or lease conduit from a conduit system owned and managed by a city of the primary class or a county containing a city of the primary class, provided that such conduit system was constructed and had at least one tenant before May 21, 2025, including any conduit system repairs or relocations subsequent to May 21, 2025.