Nebraska LB 1101: Change provisions relating to the Nebraska Telecommunications Universal Service Fund and the Nebraska Broadband Bridge Act

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1101

Introduced by Bostelman, 23.
Read first time January 19, 2022
Committee: Transportation and Telecommunications
A BILL FOR AN ACT relating to telecommunications; to amend sections1
86-330, 86-1306, and 86-1307, Revised Statutes Supplement, 2021; to2
change universal service funding redirection provisions as3
prescribed; to change grant application, scoring, and challenge4
procedure provisions under the Nebraska Broadband Bridge Act; to5
change and provide duties for the Public Service Commission; to6
harmonize provisions; to repeal the original sections; and to7
declare an emergency.8
Be it enacted by the people of the State of Nebraska,9
LB1101
2022
LB1101
2022
-1-

Section 1. Section 86-330, Revised Statutes Supplement, 2021, is1
amended to read:2
86-330 (1) Based on consumer complaints or upon its own motion, the3
Public Service Commission may open a docket to consider the4
implementation and operation of a funding redirection program that awards5
funding to broadband Internet service providers to support high-speed6
Internet infrastructure deployment projects in unserved or underserved7
exchanges within the State of Nebraska. The commission shall may, in its8
discretion, withhold funding from the Nebraska Telecommunications9
Universal Service Fund to any telecommunications company for the disputed10
project area in question unless the telecommunications company rebuts by11
clear and convincing evidence the presumption established pursuant to12
subsection (2) of this section that the disputed project area is13
underserved that has not served, to the commission's satisfaction, those14
areas with service that meets the criteria for successful investment of15
funding from the Nebraska Telecommunications Universal Service Fund.16
(2)(a) In considering whether to open a docket under subsection (1)17
of this section, the commission shall evaluate and consider the following18
speed data relating to the disputed project area:19
(i) Current broadband data and mapping from the latest version of20
the Indicators of Broadband Need Public Map approved by the National21
Telecommunications and Information Administration of the United States22
Department of Commerce; and23
(ii) Data and mapping submitted by any party if testing:24
(A) Was performed from the premises of an active subscriber of the25
telecommunications company responding to a complaint or to the26
commission's own motion; and27
(B) Was performed over a platform provided by a third party that has28
been designated by the commission as an authorized speed testing source.29
(b) The commission shall not consider Federal Communications30
Commission Form 477 data.31
LB1101
2022
LB1101
2022
-2-

(c) If the data demonstrates that more than ten percent of active1
subscriber locations in the disputed project area are actually not2
receiving minimum speeds of twenty-five megabits per second or greater3
for downloading and three megabits per second or greater for uploading,4
there shall be a rebuttable presumption that the area is unserved. If the5
data demonstrates that more than ten percent of active subscriber6
locations in the disputed project area are not receiving speeds of one7
hundred megabits per second or greater for downloading and twenty8
megabits per second or greater for uploading, there shall be a rebuttable9
presumption that the area is underserved. In considering a party's10
rebuttal evidence, the commission shall give consideration to the extent11
that the existing broadband network of the provider serving the disputed12
project area is currently providing or could provide such minimal13
broadband speeds through a standard broadband installation that could be14
completed by the responding telecommunications company not later than ten15
business days after the date on which the service request is submitted.16
(3) (2) The commission shall adopt and promulgate rules and17
regulations that establish standards governing the withholding of funding18
from the Nebraska Telecommunications Universal Service Fund from any19
recipient, including the provision of notice and the right to a hearing20
prior to the issuance of an order withdrawing such funding. If the21
commission withdraws funding from the Nebraska Telecommunications22
Universal Service Fund from any telecommunications company, the23
commission may redirect the withdrawn funding through a reverse auction24
or rural-based plan to another eligible telecommunications company,25
except that any funding that is withdrawn shall be utilized in the26
exchange area for which the funding was originally granted. The27
commission shall have wide discretion in the design, implementation, and28
operation of a funding redirection program but may use as a guide the29
reverse auction program designed by the Federal Communications Commission30
in its Connect America Fund Phase II Auction process.31
LB1101
2022
LB1101
2022
-3