Telecommunications regulation updates advance

Senators gave first-round approval April 29 to a Transportation and Telecommunications Committee omnibus bill that would update state law regulating telecommunications companies and common carriers.

Bennington Sen. Wendy DeBoer, sponsor of LB311, said the measure is intended to clarify that federal law supersedes certain state and local regulations of broadband internet access service.

A committee amendment, adopted 43-0, replaced the bill with a modified version of the original measure along with provisions of five other bills considered by the committee this session.

DeBoer said the amendment would clarify that governing entities, including state agencies and municipalities, could not require telecommunications companies to provide broadband service at certain speeds or set other conditions regulated by the federal government.

She said ensuring “harmony and consistency” across the state is especially important at a time when Nebraska is set to receive federal funding under the Broadband Equity Access and Deployment program.

Under the amended provisions of LB4, introduced by Sen. Carolyn Bosn of Lincoln, companies that offer local exchange telecommunications services could apply to the Nebraska Public Service Commission to deregulate one of the carrier’s exchanges.

A deregulated carrier would not be required to fulfill the obligations of a carrier of last resort, which must provide voice communication service upon request to all residential and single-line business customers within a defined area.

Additionally, a deregulated carrier would not be required to file an earnings report with the commission or comply with restrictions on rates or with standards or reporting requirements related to quality of service.

The commission would not provide a deregulated carrier with support from the Nebraska Universal Service Fund, which provides funding to telecommunications companies to maintain and upgrade their networks.

After receiving an application, the commission would have 120 days to determine whether an exchange should be deregulated.

The amended provisions of LB191, also sponsored by Bosn, would add broadband, communications and wireless infrastructure facilities to the list of infrastructure protected under the Nebraska One-Call Notification System Act.

Also included are the provisions of LB227, introduced by DeBoer, which would update the common carrier licensing process.

Under the amendment, applicants no longer would have to make a case to the PSC that a market exists for their services, DeBoer said, and they could be licensed as long as an incumbent carrier could not show that the applicant’s entry into the market would cause serious harm.

“We should not have a legal process which tips the scales heavily in favor of avoiding competition,” she said.

The provisions of LB347, sponsored by Lincoln Sen. Jason Prokop, would eliminate a requirement that common carriers receive PSC authorization before issuing certain securities.

The provisions of LB666, introduced by Sen. Tanya Storer of Whitman, would allow competitive broadband providers to request that the PSC transfer NUSF support from the former incumbent local exchange carrier to the competitive provider under the Rural Communications Sustainability Act. Currently, Storer said, only the incumbent local exchange carrier can request the transfer.

After adopting a technical amendment offered by DeBoer, lawmakers voted 43-0 to advance LB311 to select file.