Terms Used In Nebraska Statutes > Nebraska Banking Act

• Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Advisory board: means the Enhanced Wireless 911 Advisory Board. See Nebraska Statutes 86-444
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agreement: means the bargain of the parties in fact as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Nebraska Statutes 86-614
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services. See Nebraska Statutes 86-1204
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicable codes: means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act and to the extent such codes have been adopted by the authority and are generally applicable in the jurisdiction. See Nebraska Statutes 86-1205
• Applicant: means any person who submits an application and is a wireless provider. See Nebraska Statutes 86-1206
• Applicant means any person who submits an application and: is a wireless provider. See Nebraska Statutes 86-1206
• Application: means a computer program that provides a specific service to the user. See Nebraska Statutes 86-554
• Application: means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility. See Nebraska Statutes 86-1207
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approval to teach postsecondary courses by a Nebraska postsecondary educational institution: means official documentation issued by a Nebraska postsecondary educational institution declaring that an individual has met the graduate degree or course requirements necessary to teach courses in a specific subject or subjects offered by the Nebraska postsecondary educational institution for postsecondary degree credit. See Nebraska Statutes 85-3107
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Authority: means the State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. See Nebraska Statutes 86-1208
• Authority pole: means a utility pole owned, managed, or operated by or on behalf of an authority. See Nebraska Statutes 86-1209
• Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Nebraska Statutes 86-615
• Automatic dialing-announcing device: means a device which selects and dials telephone numbers and automatically plays a recorded message. See Nebraska Statutes 86-238
• Automatic location identification: means a feature by which the name and address associated with the calling party's telephone number is forwarded to the public safety answering point for display. See Nebraska Statutes 86-423
• Automatic number identification: means a feature by which the calling party's automatic number identification telephone number is forwarded to the E-911 control office and to the public safety answering point's display and transfer units. See Nebraska Statutes 86-424
• Automatic number identification: means a feature by which a person calling a public safety answering point has his or her ten-digit telephone number simultaneously forwarded to the public safety answering point and to the public safety answering point's display and transfer units. See Nebraska Statutes 86-445
• Award: means a grant of money by the commission to an eligible student for educational expenses. See Nebraska Statutes 85-1903
• Award year: means the period beginning on July 1 through the following June 30. See Nebraska Statutes 85-1904
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Basic local exchange rate: means the flat monthly charge for an access line, whether the telecommunications service is provided on a flat or measured basis, imposed by a telecommunications company for basic local exchange service but does not include any charge or tax imposed by or resulting from action by a governmental body which is billed by a telecommunications company to its customers. See Nebraska Statutes 86-104
• Basic local exchange service: means the access and transmission of two-way switched voice communications within a local exchange area. See Nebraska Statutes 86-105
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Business service: means telecommunications service which is used for occupational, professional, or institutional purposes. See Nebraska Statutes 86-106
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Chambers: A judge's office.
• Class of subscribers: means a group of customers for which a telecommunications company has established a distinct pricing plan for telecommunications service. See Nebraska Statutes 86-107
• Collocate or collocation: means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. See Nebraska Statutes 86-1210
• Commission: means the Coordinating Commission for Postsecondary Education. See Nebraska Statutes 85-1905
• Commission: means the Coordinating Commission for Postsecondary Education. See Nebraska Statutes 85-3103
• Commission: means the Public Service Commission. See Nebraska Statutes 86-108
• Commission: means the Public Service Commission. See Nebraska Statutes 86-239
• Commission: means the Public Service Commission. See Nebraska Statutes 86-260
• Commission: means the Public Service Commission. See Nebraska Statutes 86-304
• Commission: means the Public Service Commission. See Nebraska Statutes 86-319
• Commission: means the Public Service Commission. See Nebraska Statutes 86-446
• Commission: means the Nebraska Information Technology Commission. See Nebraska Statutes 86-503
• Commission: means the Public Service Commission. See Nebraska Statutes 86-1006
• Committee: means the 911 Service System Advisory Committee. See Nebraska Statutes 86-1006.01
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communications facility: means the set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U. See Nebraska Statutes 86-1211
• Communications network: means a network used to provide communications service. See Nebraska Statutes 86-1212
• Communications service: means a cable service as defined in 47 U. See Nebraska Statutes 86-1213
• Communications service provider: means a cable operator as defined in 47 U. See Nebraska Statutes 86-1214
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Nebraska Statutes 86-616
• Consumer: means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes. See Nebraska Statutes 86-214
• Consumer goods or services: means any tangible personal property, merchandise, or services normally used for personal, family, or household purposes and not for resale or for use or consumption in trade or business. See Nebraska Statutes 86-215
• Consumer telephone call: means a telephone call made by a seller for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes. See Nebraska Statutes 86-216
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means the total legal obligation resulting from the parties' agreement as affected by the Uniform Electronic Transactions Act and other applicable law. See Nebraska Statutes 86-617
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decorative pole: means an authority pole that is specially designed and placed for aesthetic purposes. See Nebraska Statutes 86-1215
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Administrative Services. See Nebraska Statutes 86-504
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the division of communications of the office of Chief Information Officer. See Nebraska Statutes 86-407
• Division: means the information management services division of the office. See Nebraska Statutes 86-557
• Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
• Donor: The person who makes a gift.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Nebraska Statutes 86-618
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Nebraska Statutes 86-620
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Nebraska Statutes 86-621
• Eligible graduate program: means (a) a program of study offered by an eligible institution which results in obtaining a graduate degree, (b) a graduate course of study leading to an endorsement in a shortage area specified by the State Department of Education, or (c) a graduate course of study leading to approval to teach postsecondary courses by a Nebraska postsecondary educational institution. See Nebraska Statutes 85-3107
• Eligible institution: means a not-for-profit college or university which (a) is located in Nebraska, (b) is accredited by an accrediting agency recognized by the United States Department of Education as determined to be acceptable by the State Board of Education, (c) has a teacher education program, and (d) if a privately funded college or university, has not opted out of the program pursuant to rules and regulations. See Nebraska Statutes 85-3103
• Eligible postsecondary educational institution: means a public or private postsecondary educational institution:

  (a) Located in Nebraska. See Nebraska Statutes 85-1906

• Eligible student: means an undergraduate student who:

  (1) Is enrolled in an eligible postsecondary educational institution. See Nebraska Statutes 85-1907

• Eligible student: means an individual who (a) is a full-time student, (b) is enrolled in an eligible institution in an undergraduate or a graduate teacher education program working toward his or her initial certificate to teach in Nebraska, (c) if enrolled at a state-funded eligible institution, is a resident student as described in section 85-502 or, if enrolled in a privately funded eligible institution, would be deemed a resident student if enrolled in a state-funded eligible institution, and (d) is a student majoring in a shortage area. See Nebraska Statutes 85-3103
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means any condition or occurrence, actual or threatened, which interferes physically with the conduct of normal business operations at one or more or all of the offices of a financial institution, or which poses an imminent or existing threat to the safety or security of persons or property, or both, including, but not limited to, fire, flood, earthquake, hurricane, wind, rain, snow storm, labor dispute and strike, power failure, transportation failure, interruption of a communication facility, shortage of fuel, housing, food, transportation, or labor, robbery or attempted robbery, actual or threatened enemy attack, epidemic or other catastrophe, riot, civil commotion, and any other act of lawlessness or violence, actual or threatened. See Nebraska Statutes 8-1,124
• Emergency purposes: means any situation affecting the health and safety of a consumer. See Nebraska Statutes 86-240
• Emergency services: means the provision through a public safety agency of firefighting, law enforcement, ambulance, emergency, medical, or other public emergency services, as determined by a local governing body, to respond to and manage emergency incidents. See Nebraska Statutes 86-1007
• Enterprise: means one or more departments, offices, boards, bureaus, commissions, or institutions of the state for which money is to be appropriated for communications or data processing services, equipment, or facilities, including all executive, legislative, and judicial departments, the Nebraska state colleges, the University of Nebraska, and all other state institutions and entities. See Nebraska Statutes 86-505
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Established business relationship: means a prior or existing relationship formed by a voluntary two-way communication between a person and a residential or business telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction by the subscriber regarding products or services offered by the person, which relationship has not been previously terminated by either party. See Nebraska Statutes 86-241
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Extended area service: means a telecommunications service which groups two or more exchanges to allow subscribers of one exchange in the group to place and receive two-way switched communications to and from subscribers in one or more other exchanges in the group without an interexchange toll charge. See Nebraska Statutes 86-109
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal act: means the federal Communications Act of 1934, as amended, including the federal Telecommunications Act of 1996, as such acts existed on January 1, 2002. See Nebraska Statutes 86-110
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee: means a one-time, nonrecurring charge. See Nebraska Statutes 86-1216
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a bank, savings bank, building and loan association, savings and loan association, credit union, or trust company, or any office thereof, chartered by the department. See Nebraska Statutes 8-1,124
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Nebraska Telecommunications Relay System Fund. See Nebraska Statutes 86-306
• Fund: means the Nebraska Telecommunications Universal Service Fund. See Nebraska Statutes 86-320
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the county board, the city council of a city, the board of trustees of a village, or the board of directors of any rural or suburban fire protection district. See Nebraska Statutes 86-426
• Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or a county, municipality, or other political subdivision of a state. See Nebraska Statutes 86-622
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Historic district: means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI. See Nebraska Statutes 86-1217
• Home service provider: means a telecommunications company as defined in section 86-322 that has contracted with a customer to provide wireless service. See Nebraska Statutes 86-449.01
• Household: means a family unit whose members are related by birth, marriage, or adoption and who share a common living arrangement. See Nebraska Statutes 86-308
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Nebraska Statutes 86-623
• Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Nebraska Statutes 86-624
• Information technology: means computing and telecommunications systems and their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store, and disseminate information electronically. See Nebraska Statutes 86-507
• Information technology clearinghouse: means a service to provide convenient access for the commission and general public to information about best technology practices, referrals for technical assistance, and other information related to the Information Technology Infrastructure Act. See Nebraska Statutes 86-508
• Information technology infrastructure: means the basic facilities, services, and installations needed for the functioning of information technology. See Nebraska Statutes 86-509
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interconnected voice over Internet protocol service: means an interconnected voice over Internet protocol service as defined in 47 C. See Nebraska Statutes 86-1010
• 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
• Intergovernmental data services system: means the installation and use of applications on a computer network that allows for the intergovernmental transfer of data, automation of multijurisdictional functions, and integration of governmental entities that involve multiple locations separated by long distances. See Nebraska Statutes 86-558
• Internet protocol: means the method by which data is sent from one computer to another on the Internet or other networks. See Nebraska Statutes 86-1011
• Internet protocol-enabled service: means any service, capability, functionality, or application provided using Internet protocol, or any successor protocol, that enables a service user to send or receive a communication in Internet protocol format including, but not limited to, voice, data, or video. See Nebraska Statutes 86-1012
• Internet-protocol-enabled service or IP-enabled service: means any service, capability, functionality, or application provided using Internet protocol, or any successor protocol, that enables a service user to send or receive a communication in Internet protocol format, including, but not limited to, voice, data, or video. See Nebraska Statutes 86-111.01
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• LATA: means local access and transport area as defined by 47 U. See Nebraska Statutes 86-114
• Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Nebraska Statutes 86-1218
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local application: means a computer program intended for use at the local government or state agency level, not of intergovernmental use, serving only limited local needs and proposed to be resident on only a limited part of the system. See Nebraska Statutes 86-559
• Local exchange area: means a territorial unit established by a telecommunications company for the administration of telecommunications service within a specific area generally encompassing a city or village and its environs as described in maps filed with and approved by the commission. See Nebraska Statutes 86-115
• Local governing body: means a county board, city council of a city, board of trustees of a village, board of directors of any rural or suburban fire protection district, or any governing body of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. See Nebraska Statutes 86-1013
• Majoring in a shortage area: means pursuing a degree which will allow an individual to be properly endorsed to teach in a shortage area. See Nebraska Statutes 85-3103
• Microwireless facility: means a small wireless facility that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and with any exterior antenna no longer than eleven inches. See Nebraska Statutes 86-1219
• Month: shall mean calendar month. See Nebraska Statutes 49-801
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Bank Examiner: An employee of the Comptroller of the Currency whose function is to examine national banks periodically to determine the financial position of a bank and the security of its deposits. The examiner also verifies that the bank maintains procedures consistent with federal banking laws and regulations. ^{Source: OCC}
• Nebraska postsecondary educational institution: means any Nebraska public postsecondary institution as defined in section 85-2403 and any private, nonprofit postsecondary institution with a principal facility in Nebraska that is exempt from the Private Postsecondary Career School Act. See Nebraska Statutes 85-3107
• Network: means (1) a legacy telecommunications network that supports basic 911 service and enhanced-911 service or (2) a managed Internet protocol network that is used for 911 calls, that can be shared by all public safety answering points, and that provides the Internet protocol transport infrastructure upon which independent application platforms and core functional processes can be deployed, including, but not limited to, those necessary for providing next-generation 911 service capability. See Nebraska Statutes 86-1014
• Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the office of Chief Information Officer. See Nebraska Statutes 86-555
• Office: means any place at which a financial institution transacts its business or conducts operations related to its business. See Nebraska Statutes 8-1,124
• Officer: means the Chief Information Officer. See Nebraska Statutes 86-556
• Officers: means the person or persons designated by the board of directors, supervisory committee, or other governing body of a financial institution, to act for such financial institution in an emergency or, in the absence of any such designation or of such officer or officers, the president or any other officer in charge of such financial institution or of such office or offices. See Nebraska Statutes 8-1,124
• Originating service provider: means an entity that provides the capability for customers to originate 911 calls to public safety answering points. See Nebraska Statutes 86-1020
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Pay-per-call services: means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time-interval charge that is greater than or in addition to the charge for transmission of the call. See Nebraska Statutes 86-261
• Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
• Peripheral device: means equipment that connects to the system to allow local use and access to applications on the system. See Nebraska Statutes 86-560
• Permit: means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility. See Nebraska Statutes 86-1220
• 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: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Nebraska Statutes 86-625
• Person: means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority. See Nebraska Statutes 86-1221
• 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
• Personal property: All property that is not real property.
• Personal telephone service: means telephone service located in an individual's room and the telephone service account is in the individual's name. See Nebraska Statutes 86-309
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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
• Primary place of use: means the residential or business street address that is representative of the primary location of the customer's use of a service that includes the provision of 911 service. See Nebraska Statutes 86-429.01
• Primary place of use: means the street address representative of where the use of wireless service primarily occurs. See Nebraska Statutes 86-450.03
• Prize: means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. See Nebraska Statutes 86-217
• Prize promotion: means (1) a sweepstakes or other game of chance or (2) an oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize. See Nebraska Statutes 86-218
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Pseudo-automatic number identification: means a feature by which automatic number identification is provided to a public safety answering point of the ten-digit telephone number of the specific cell site or cell site sector from which a wireless call originated. See Nebraska Statutes 86-451
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public power supplier: means a public power district or any other governmental entity providing electric service. See Nebraska Statutes 86-1222
• Public safety agency: means any federal, state, or political subdivision entity which provides emergency and public safety services, including medical services, law enforcement services, fire management services, correctional services, and emergency and disaster relief services. See Nebraska Statutes 86-408
• Public safety agency: means an agency which actually provides firefighting, law enforcement, ambulance, emergency medical, or other emergency services. See Nebraska Statutes 86-430
• Public safety agency: means an agency which provides emergency services. See Nebraska Statutes 86-1021
• Public safety answering point: means a twenty-four-hour, local-jurisdiction communications facility which receives 911 service calls and either directly dispatches emergency services or relays calls to the appropriate public safety agency. See Nebraska Statutes 86-431
• Public safety answering point: means a local governmental entity responsible for receiving 911 calls and processing those calls according to a specific operational policy. See Nebraska Statutes 86-1022
• Quorum: The number of legislators that must be present to do business.
• Rate: means a recurring charge. See Nebraska Statutes 86-1223
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Nebraska Statutes 86-626
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence service: means telecommunications service which is furnished to a dwelling and which is used for personal or domestic purposes and not for business, professional, or institutional purposes. See Nebraska Statutes 86-116
• Right-of-way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section 39-1302, the National System of Interstate and Defense Highways, or a private easement. See Nebraska Statutes 86-1224
• Rural public power supplier: means a public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class. See Nebraska Statutes 86-1225
• Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Nebraska Statutes 86-627
• Seller: means any person or organization who individually or through salespersons initiates unsolicited consumer telephone calls in order to (1) sell, lease, or rent consumer goods or services, (2) offer gifts or prizes with the intent to sell, lease, or rent consumer goods or services, or (3) represent to a consumer that the consumer has won or will receive a prize by telephonic means or by written notice sent through the mail in which the goods and services and all the material terms of the transaction are not fully described and which require that the consumer contact the seller by telephone to learn about or initiate the transaction. See Nebraska Statutes 86-219
• Service supplier: means any person providing 911 service in this state. See Nebraska Statutes 86-432
• Service surcharge: means a charge set by a governing body and assessed on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's designated 911 service area, with the exception of those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service. See Nebraska Statutes 86-433
• Service user: means any person who is provided 911 service in this state. See Nebraska Statutes 86-434
• Service user: means any person who initiates a 911 call to receive emergency services. See Nebraska Statutes 86-1023
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shortage area: means a secular field of teaching for which there is a shortage, as determined by the State Department of Education, of properly endorsed teachers at the time the borrower first receives funds pursuant to the program. See Nebraska Statutes 85-3103
• Shortage area means a secular field of teaching for which there: is a shortage, as determined by the State Department of Education, of properly endorsed teachers at the time the borrower first receives funds pursuant to the program. See Nebraska Statutes 85-3103
• Small wireless facility: means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures. See Nebraska Statutes 86-1226
• Solicitor: means any person, who is not the seller offering a prize promotion, who represents to an individual that the individual has won or will receive a prize. See Nebraska Statutes 86-220
• Specialized telecommunications equipment: means any telecommunications device enabling deaf, hard of hearing, or speech-impaired persons to communicate using conventional telephone systems. See Nebraska Statutes 86-310
• Sponsor: means any person on whose behalf a solicitor gives a prize but who is not the seller offering a prize promotion. See Nebraska Statutes 86-221
• Stakeholder: means a public safety answering point, a public safety agency, and any person, organization, agency of government, originating service provider, or other organization that has a vital interest in the 911 service system. See Nebraska Statutes 86-1024
• 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
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Nebraska Statutes 86-628
• Statewide technology plan: means the plan developed by the commission pursuant to section 86-516. See Nebraska Statutes 86-510
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• System: means the intergovernmental data services system. See Nebraska Statutes 86-561
• Teacher education program: means a program of study approved by the State Board of Education pursuant to subdivision (5)(g) of section 79-318. See Nebraska Statutes 85-3103
• Technical panel: means the panel created in section 86-521. See Nebraska Statutes 86-511
• Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility. See Nebraska Statutes 86-1227
• 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: 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
• 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 company: means any natural person, firm, partnership, limited liability company, corporation, or association providing telecommunications or telecommunications service for hire in Nebraska without regard to whether such company holds a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier from the commission. See Nebraska Statutes 86-322
• 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 relay system: means a service permitting full and simultaneous communication between deaf, hard of hearing, or speech-impaired persons using specialized telecommunications equipment and other persons using conventional telephone equipment. See Nebraska Statutes 86-311
• Telecommunications service: means the offering of telecommunications for a fee. See Nebraska Statutes 86-121
• Telephone solicitation: means a telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person. See Nebraska Statutes 86-242
• Telephone solicitation does not: include a call or message (a) made to any person with the person's prior express invitation or permission, (b) made to any person with whom the caller has an established business relationship, (c) made by a tax-exempt nonprofit organization, (d) not made for commercial purposes, (e) made for a commercial purpose but which does not include the transmission of an unsolicited advertisement, or (f) placed by a live operator and a prerecorded message is not utilized. See Nebraska Statutes 86-242
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Ten-digit telephone number: means a telephone number assigned to a particular telephone account prefaced by the area code. See Nebraska Statutes 86-454
• Testate: To die leaving a will.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Nebraska Statutes 86-629
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Tuition and mandatory fees: means the lesser of the student costs for tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the eligible postsecondary educational institution or the student costs for tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the University of Nebraska-Lincoln. See Nebraska Statutes 85-1909
• Undergraduate student: means an individual who has not earned a first baccalaureate or professional degree and is enrolled in a postsecondary educational program which leads to, or is creditable toward, a first baccalaureate degree, associate degree, certificate, diploma, or equivalent. See Nebraska Statutes 85-1910
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• Unsolicited advertisement: means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. See Nebraska Statutes 86-243
• Utility pole: means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. See Nebraska Statutes 86-1228
• Venue: The geographical location in which a case is tried.
• Verifiable retail value: means the price (1) at which the solicitor or sponsor can demonstrate that a substantial number of prizes have been sold within the prior twelve months by a person other than the solicitor in the trade area in which the prize notice is given or (2) no more than one and one-half times the amount the solicitor or sponsor paid for the prize. See Nebraska Statutes 86-223
• Violate: shall include failure to comply with. See Nebraska Statutes 49-801
• Voice over Internet protocol service: means an interconnected voice over Internet protocol service as defined in 47 C. See Nebraska Statutes 86-121.01
• Wireless automatic location identification: means a feature by which information is provided to a public safety answering point identifying the location, including the latitude and longitude within the parameters established by the Federal Communications Commission, of a wireless unit originating a call to a public safety answering point. See Nebraska Statutes 86-455
• Wireless carrier: means (1) any carrier of mobile service as referenced in 47 U. See Nebraska Statutes 86-456
• Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber optic cable, regular power supply, and small back-up battery, regardless of technological configuration. See Nebraska Statutes 86-1229
• Wireless facility does not: include (a) the structure or improvements on, under, or within the equipment which is collocated, (b) coaxial or fiber optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna, or (c) a wireline backhaul facility. See Nebraska Statutes 86-1229
• Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. See Nebraska Statutes 86-1230
• Wireless provider: means a wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider. See Nebraska Statutes 86-1231
• Wireless services: means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities. See Nebraska Statutes 86-1232
• Wireless services provider: means a person who provides wireless services. See Nebraska Statutes 86-1233
• Wireless support structure: means a structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. See Nebraska Statutes 86-1234
• Wireline backhaul facility: means an above-ground or underground facility used to transport communications services from a wireless facility to a communications network. See Nebraska Statutes 86-1235
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: shall mean calendar year. See Nebraska Statutes 49-801