Nebraska Statutes 86-128. Certificate or permit of convenience and necessity
(1)(a) To preserve the integrity of a ubiquitous network, to preserve and advance universal service, and to ensure the delivery of essential and emergency telecommunications service, telecommunications common carriers and telecommunications contract carriers in Nebraska are subject to regulation by the commission. In addition to the requirements of section 86-129, a person shall file an application and receive either a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier before such person may (i) offer any telecommunications service or (ii) construct new telecommunications facilities in, or extend existing telecommunications facilities into, the territory of another telecommunications company to provide any telecommunications service.
Terms Used In Nebraska Statutes 86-128
- Commission: means the Public Service Commission. See Nebraska Statutes 86-108
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Contract: A legal written agreement that becomes binding when signed.
- Interexchange service: means the access and transmission of communications between two or more local exchange areas, except for two-way switched communications between local exchanges that are grouped for extended area service. See Nebraska Statutes 86-111
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Telecommunications: means the transmission, between or among points specified by the subscriber, of information of the subscriber's choosing, without a change in the form or content of the information as sent or received. See Nebraska Statutes 86-117
- Telecommunications common carrier: means a provider of telecommunications service for hire which offers telecommunications service to the general public at large in Nebraska intrastate commerce. See Nebraska Statutes 86-118
- Telecommunications company: means any person, firm, partnership, limited liability company, corporation, association, or governmental entity offering telecommunications service in Nebraska intrastate commerce. See Nebraska Statutes 86-119
- Telecommunications contract carrier: means a provider of telecommunications service for hire, other than as a common carrier, in Nebraska intrastate commerce. See Nebraska Statutes 86-120
- Telecommunications service: means the offering of telecommunications for a fee. See Nebraska Statutes 86-121
(b) The commission may only issue a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier after due notice and hearing pursuant to commission rules and regulations. The commission shall not issue a certificate or a permit to an agency or political subdivision of the state.
(2) If a telecommunications company holds a certificate of convenience and necessity as a telecommunications common carrier, it shall not be required to obtain a permit as a telecommunications contract carrier.
(3) The commission may establish such just and reasonable classifications of groups of telecommunications common carriers and telecommunications contract carriers taking into consideration the special nature of the telecommunications service performed by such carriers. The commission may adopt and promulgate rules, regulations, and requirements to be observed by a carrier so classified or grouped as the commission deems necessary or desirable and in the public interest.
(4) The commission may waive applicability of subsection (1) of this section as to the provision of intra-LATA interexchange service under rules and regulations applicable to all telecommunications companies providing such interexchange service. After such waiver, the certificate or permit for and provision of intra-LATA interexchange service shall be governed by the statutes, rules, and regulations for a certificate or permit for and provision of inter-LATA interexchange service.
Source
- Laws 1963, c. 425, art. VI, § 4, p. 1418;
- Laws 1986, LB 835, § 13;
- Laws 1993, LB 121, § 468;
- Laws 1997, LB 660, § 3;
- Laws 1999, LB 150, § 13;
- Laws 2001, LB 827, § 19;
- R.S.Supp.,2001, § 75-604;
- Laws 2002, LB 1105, § 27.