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NE LB18

Require certain determinations prior to utility pole installations under the Small Wireless Facilities Deployment Act


summary

Introduced
01/09/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead

Introduced Session

109th Legislature

Bill Summary

A BILL FOR AN ACT relating to the Small Wireless Facilities Deployment Act; to amend section 86-1236, Reissue Revised Statutes of Nebraska; to provide duties for an authority and requirements for a wireless provider as prescribed; and to repeal the original section.

AI Summary

This bill amends the Small Wireless Facilities Deployment Act to add a new requirement for local authorities (called "authorities" in the bill) before allowing the installation of new or modified utility poles in public rights-of-way. Specifically, the authority must first determine that the proposed utility pole installation: (1) complies with the Americans with Disabilities Act (ADA) as it existed on January 1, 2025, (2) does not obstruct or hinder travel or public safety, and (3) does not obstruct the legal use of the right-of-way by other utilities or impede their safe service operations. If the authority finds that the proposed installation fails to meet any of these criteria, they are prohibited from permitting the installation. This adds an additional layer of review to the existing regulations governing wireless providers' rights to install small wireless facilities and utility poles in public rights-of-way, which already included provisions about height limitations, design considerations, and repair responsibilities. The bill aims to ensure that new wireless infrastructure deployments do not negatively impact public accessibility, safety, or existing utility services.

Committee Categories

Transportation and Infrastructure

Sponsors (1)

Last Action

Transportation and Telecommunications Hearing (13:30:00 2/11/2025 Room 1510) (on 02/11/2025)

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