Nebraska Statutes 86-328. Annual public hearing; notice; fund level; Prepaid Wireless Surcharge Act; applicability
(1) Annually the commission shall hold a public hearing to determine the level of the fund necessary to carry out the Nebraska Telecommunications Universal Service Fund Act. The commission shall publish notice of the hearing in at least one newspaper of general circulation in the state at least once each week for two consecutive weeks before the hearing. After the hearing, the commission shall determine the amount of the fund for the following year, including a reasonable reserve. In the initial year of the fund’s operation, the commission shall determine the amount of the fund to be equivalent to the amount which, in the commission’s judgment, after careful analysis, is necessary to keep approximately ninety-six percent of Nebraska households subscribed to local telecommunications service.
Terms Used In Nebraska Statutes 86-328
- Commission: means the Public Service Commission. See Nebraska Statutes 86-319
- Fund: means the Nebraska Telecommunications Universal Service Fund. See Nebraska Statutes 86-320
- Prepaid wireless telecommunications service provider: means a wireless telecommunications company whose service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount or expiration of time. See Nebraska Statutes 86-320.02
- 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 user of information of the user's choosing without change in the form or content of the information as sent and received. See Nebraska Statutes 86-320.01
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) In an emergency as determined by the commission, the commission may adjust the level of the fund, but only after a public hearing for such purpose.
(3) For purposes of service by a prepaid wireless telecommunications service provider, universal service fund contribution and surcharge obligations shall be governed by the Prepaid Wireless Surcharge Act, except that a prepaid wireless telecommunications service provider shall continue to be subject to the audit requirements in subdivision (2)(e) of section 86-324.
Source
- Laws 1997, LB 686, § 9;
- R.S.1943, (1999), § 86-1409;
- Laws 2002, LB 1105, § 206;
- Laws 2018, LB157, § 4;
- Laws 2023, LB683, § 21.
- Effective Date: May 27, 2023