Telecommunications, common carrier regulations updated

Senators approved a bill May 14 that updates state law regulating telecommunications companies and common carriers.

LB311, sponsored by Bennington Sen. Wendy DeBoer, clarifies that governing entities, including state agencies and municipalities, may not require telecommunications companies to provide broadband internet service at certain speeds or set other conditions regulated by the federal government.

The measure also includes provisions of five other bills considered by the Transportation and Telecommunications Committee this session.

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

A deregulated carrier is not 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 is not 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 bill prohibits the commission from providing a deregulated carrier with support from the Nebraska Universal Service Fund, which telecommunications companies use to maintain and upgrade their networks.

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

The amended provisions of LB191, also sponsored by Bosn, 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 update the common carrier licensing process.

Under the measure, applicants no longer must make a case to the PSC that a market exists for their services, and they may be licensed as long as an incumbent carrier cannot show that the applicant’s entry into the market would cause serious harm.

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

The provisions of LB666, introduced by Sen. Tanya Storer of Whitman, 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. Previously, only the incumbent local exchange carrier could request the transfer.

Lawmakers voted 49-0 to pass LB311, which takes effect immediately.