Terms Used In Nebraska Statutes > Small Wireless Facilities Deployment Act

• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services. See Nebraska Statutes 86-1204
• 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 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• 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
• 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
• 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.
• Decorative pole: means an authority pole that is specially designed and placed for aesthetic purposes. See Nebraska Statutes 86-1215
• Fee: means a one-time, nonrecurring charge. See Nebraska Statutes 86-1216
• 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
• 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}
• 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.
• Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Nebraska Statutes 86-1218
• 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
• 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.
• 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: 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
• 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
• Public power supplier: means a public power district or any other governmental entity providing electric service. See Nebraska Statutes 86-1222
• Rate: means a recurring charge. See Nebraska Statutes 86-1223
• 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
• 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
• 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
• Statute: A law passed by a legislature.
• 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
• 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
• Violate: shall include failure to comply with. See Nebraska Statutes 49-801
• 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
• Year: shall mean calendar year. See Nebraska Statutes 49-801