86-145. No local competition; rate review initiated by subscriber complaint.
(1) Basic local exchange rates increased by any telecommunications company pursuant to section 86-144 shall be reviewed by the commission only upon formal complaint. The complaint shall specifically set forth the particular rate as to which review is requested, the reasons for the requested review, and the relief which the complainants desire. The complaint shall be signed by (a) five percent of all affected subscribers if the telecommunications company has up to fifty thousand access lines affected by the rate increase, (b) three percent of all affected subscribers if the telecommunications company has fifty thousand but not more than two hundred fifty thousand access lines affected by the rate increase, or (c) two percent of all affected subscribers if the telecommunications company has more than two hundred fifty thousand access lines affected by the rate increase.
(2) If a proper complaint is presented to the commission within ninety days from the date notice of the rate change was sent to affected subscribers of a telecommunications company that has up to fifty thousand access lines in service or within one hundred twenty days from the date notice of the rate change was sent to affected subscribers of a telecommunications company that has fifty thousand or more access lines in service, the commission (a) shall accept and file the complaint, (b) upon proper notice, may suspend the rates at issue during the pendency of the proceedings and reinstate the rates previously in effect, and (c) shall hold and complete a hearing thereon within ninety days after filing to determine if the rates as proposed are fair, just, and reasonable.
(3) The commission may, within sixty days after close of the hearing, enter an order adjusting the rates at issue, except that the commission shall not set any rate below the actual cost of providing such service, which may include a reasonable profit, as established by the evidence received at the hearing. In such order, the commission may order a refund of amounts collected in excess of the rates as approved at the hearing which may be reimbursed as a credit against billings for future services.
(4) A telecommunications company shall not increase its basic local exchange rates without the approval of the commission for six months from the date the commission enters an order pursuant to subsection (3) of this section. If the complaint is denied, the commission shall enter an order denying the complaint within sixty days after the close of the hearing, and the rates proposed by the telecommunications company shall be deemed approved for all purposes, including for purposes of appeal.
(5) For purposes of this section, actual cost includes a ratable portion of administrative expenses and overhead incurred by the telecommunications company in its operations and the appropriate amortization of previously deferred accounting costs.
Source
Structure Nebraska Revised Statutes
Chapter 86 - Telecommunications and Technology
86-103 - Definitions, where found.
86-104 - Basic local exchange rate, defined.
86-105 - Basic local exchange service, defined.
86-106 - Business service, defined.
86-107 - Class of subscribers, defined.
86-109 - Extended area service, defined.
86-110 - Federal act, defined.
86-111 - Interexchange service, defined.
86-111.01 - Internet-protocol-enabled service, defined.
86-112 - Inter-LATA interexchange service, defined.
86-113 - Intra-LATA interexchange service, defined.
86-115 - Local exchange area, defined.
86-116 - Residence service, defined.
86-117 - Telecommunications, defined.
86-118 - Telecommunications common carrier, defined.
86-119 - Telecommunications company, defined.
86-120 - Telecommunications contract carrier, defined.
86-121 - Telecommunications service, defined.
86-121.01 - Voice over Internet protocol service, defined.
86-122 - Interconnection agreements; administrative fine.
86-123 - Quality and rate regulation; appeal.
86-124 - Nonregulated activities; section, how construed.
86-125 - Communications providers; registration; requirements; administrative fine.
86-126 - Regulation of competition.
86-127 - Nebraska Competitive Telephone Marketplace Fund; created; use; investment.
86-128 - Certificate or permit of convenience and necessity.
86-129 - Certificates or permits for inter-LATA interexchange services.
86-131 - Trunk and toll line; connection requirements.
86-132 - Trunk and toll lines; consolidation requirements.
86-133 - Exchange abandonment.
86-134 - Discontinuation of service.
86-136 - Commission; application approval.
86-137 - Certificate of convenience and necessity.
86-139 - Scope of rate regulation.
86-140 - Access charge regulation.
86-141 - Telecommunications companies not subject to regulation; requirements.
86-142 - Incentives authorized.
86-143 - Local competition determination; rate list filing requirements.
86-144 - Rate list filing requirements.
86-145 - No local competition; rate review initiated by subscriber complaint.
86-146 - No local competition; rate review initiated by commission.
86-147 - No local competition; rate review request by telecommunications company.
86-148 - No local competition; automatic rate review.
86-151 - Wholesale rate restrictions.
86-152 - Flat rates authorized.
86-153 - Joint service agreements.
86-154 - Rate change based on tax increases.
86-155 - Rate change; when effective.
86-157 - Pro rata billing of local tax.
86-159 - Records retention; enforcement.
86-161 - Territorial maps; violations; penalty.
86-165 - Sale of exchange; application; notice; commission; considerations; order.
86-166 - Broadband Data Improvement Program; purpose; commission, powers and duties.
86-203 - Definitions, where found.
86-205 - Change in service; requirements.
86-206 - Change in service; confirmation.
86-207 - Unauthorized change in service; claim procedures.
86-208 - Unauthorized change; corrective action authorized.
86-209 - Violations; penalties; appeal.
86-210 - Rules and regulations.
86-211 - Unauthorized additional services; provider; duties.
86-213 - Definitions, where found.
86-215 - Consumer goods or services, defined.
86-216 - Consumer telephone call, defined.
86-218 - Prize promotion, defined.
86-222 - Unsolicited consumer telephone call, defined.
86-223 - Verifiable retail value, defined.
86-224 - Payment; consumer's express verifiable authorization required.
86-226 - Restriction on obtaining consumer's payment.
86-227 - Restriction on advance payment.
86-228 - Prize promotions; information required.
86-229 - Solicitor, sponsor, or seller; prohibited acts.
86-235 - Violation; civil penalty.
86-237 - Definitions, where found.
86-238 - Automatic dialing-announcing device, defined.
86-240 - Emergency purposes, defined.
86-241 - Established business relationship, defined.
86-242 - Telephone solicitation, defined.
86-243 - Unsolicited advertisement, defined.
86-244 - Telephone solicitations; restrictions.
86-245 - Unsolicited advertisement to telephone facsimile machine; prohibited.
86-246 - Automatic dialing-announcing device; certain use prohibited.
86-247 - Telephone solicitation message; requirements.
86-248 - Telephone solicitation to residential line; limitations.
86-249 - Automatic dialing-announcing device; release of telephone line; requirements.
86-250 - Permit required; procedure; liability; filing required.
86-251 - Sequential dialing prohibited.
86-252 - Commission; adopt rules and regulations.
86-253 - Commission; enforcement.
86-254 - Seizure of automatic dialing-announcing devices; when; destruction; liability.
86-255 - Commission decision; appeal.
86-257 - Violations; administrative fine.
86-259 - Definitions, where found.
86-261 - Pay-per-call services, defined.
86-262 - Common carriers; provide services; terms and conditions.
86-263 - Rules and regulations regarding preambles.
86-264 - Common carrier; provide information to consumers.
86-266 - Common carrier; prohibited acts.
86-267 - Transmission services; acceptance of charges required.
86-268 - Transmission services; limitations.
86-270 - Violations; administrative fine.
86-271 - Definitions, where found.
86-272 - Aggrieved person, defined.
86-273 - Aural transfer, defined.
86-275 - Electronic, mechanical, or other device, defined.
86-276 - Electronic communication, defined.
86-277 - Electronic communication service, defined.
86-278 - Electronic communication system, defined.
86-279 - Electronic storage, defined.
86-281 - Investigative or law enforcement officer, defined.
86-282 - Mobile telephone communication, defined.
86-283 - Oral communication, defined.
86-284 - Pen register, defined.
86-286 - Readily accessible to the general public, defined.
86-287 - Trap-and-trace device, defined.
86-289 - Wire communication, defined.
86-290 - Unlawful acts; penalty.
86-291 - Interception; court order.
86-292 - Interception; privileged use.
86-293 - Interception; procedure; appeal.
86-294 - Interception; reports.
86-296 - Electronic devices; prohibited acts; penalty.
86-297 - Interception; civil action.
86-298 - Pen register; trap-and-trace device; restrictions on use; penalty.
86-299 - Pen register; trap-and-trace device; application for order.
86-2,100 - Pen register; trap-and-trace device; court order.
86-2,101 - Pen register; trap-and-trace device; installation.
86-2,102 - Satellites; prohibited acts; penalty.
86-2,103 - Mobile tracking device; use.
86-2,104 - Electronic communication service; unauthorized access; penalty.
86-2,105 - Electronic communication service; disclosure.
86-2,107 - Remote computing service; court order for government access.
86-2,108 - Electronic communication service; remote computing service; notification requirements.
86-2,111 - Interception; grand jury procedure.
86-2,112 - Attorney General or county attorney; discovery; additional order limiting notification.
86-2,113 - Interception; subpoena.
86-2,114 - Interception; subpoena; enforcement.
86-2,115 - Interception; use as evidence.
86-2,116 - Diversion of service; provisions applicable.
86-2,117 - Telecommunications service or IP-enabled voice service; prohibited acts; penalty; appeal.
86-303 - Definitions, where found.
86-307 - Hard of hearing, defined.
86-309 - Personal telephone service, defined.
86-310 - Specialized telecommunications equipment, defined.
86-311 - Telecommunications relay system, defined.
86-312 - Nebraska Telecommunications Relay System Fund; created; use; investment.
86-313 - Surcharge; amount; hearing; commission; powers and duties.
86-315 - Special committee; membership.
86-318 - Definitions, where found.
86-320.01 - Telecommunications, defined.
86-320.02 - Prepaid wireless telecommunications service provider, defined.
86-321 - Telecommunications Act of 1996, defined.
86-322 - Telecommunications company, defined.
86-323 - Legislature; declaration of policy.
86-324.01 - Fund; distribution; projects; requirements; applicability.
86-324.02 - Ongoing high-cost support; recipient; speed tests; required.
86-325 - Fund; commission; powers and duties.
86-326 - Fund; administrator; duties; telecommunications companies; obligations.
86-327 - Fund; advisory board.
86-328 - Annual public hearing; notice; fund level; Prepaid Wireless Surcharge Act; applicability.
86-329 - Nebraska Telephone Assistance Program; commission; duties.
86-331 - Legislative intent; state broadband coordinator; duties.
86-332 - Program; established; fiber optic cable; funding; public libraries; required contributions.
86-402 - Legislative findings.
86-403 - Definitions, where found.
86-408 - Public safety agency, defined.
86-416 - Service agreement provisions; special tax; procedure.
86-418 - Standards; incentives.
86-421 - Legislative findings.
86-422 - Definitions, where found.
86-423 - Automatic location identification, defined.
86-424 - Automatic number identification, defined.
86-425 - E-911 service or enhanced-911 service, defined.
86-426 - Governing body, defined.
86-428 - 911 service, defined.
86-429 - 911 service area, defined.
86-429.01 - Primary place of use, defined.
86-430 - Public safety agency, defined.
86-431 - Public safety answering point, defined.
86-432 - Service supplier, defined.
86-433 - Service surcharge, defined.
86-434 - Service user, defined.
86-436 - Surcharges; service user; service supplier; duties; collection.
86-438 - Surcharge; rate; establishment.
86-439 - Surcharges; separate fund; use.
86-440 - Governing body; agreements authorized.
86-440.01 - County implementation of enhanced-911 service.
86-441 - 911 service; immunity from liability.
86-441.01 - Federal or other funds; Public Service Commission; powers; immunity.
86-443 - Definitions, where found.
86-444 - Advisory board, defined.
86-445 - Automatic number identification, defined.
86-447 - E-911 service, defined.
86-448 - Enhanced wireless 911 service, defined.
86-449 - Governing body, defined.
86-449.01 - Home service provider, defined.
86-450 - 911 service, defined.
86-450.01 - Next-generation 911, defined.
86-450.03 - Primary place of use, defined.
86-451 - Pseudo-automatic number identification, defined.
86-452 - Public safety agency, defined.
86-453 - Public safety answering point, defined.
86-454 - Ten-digit telephone number, defined.
86-455 - Wireless automatic location identification, defined.
86-456 - Wireless carrier, defined.
86-456.01 - Wireless service, defined.
86-457 - Surcharge; wireless carrier; duties; applicability of section.
86-458 - Public hearing; commission; duties.
86-459 - Wireless carrier; duties; administrative fine.
86-460 - Public safety answering point; report.
86-461 - Enhanced Wireless 911 Advisory Board; created; members; expenses.
86-462 - Advisory board; duties.
86-464 - Service agreement; authorized.
86-465 - Commission; advisory board; duties.
86-466 - Compensation for costs.
86-466.01 - County without enhanced wireless 911 service; commission; powers.
86-467 - Confidential information.
86-469 - Rules and regulations.
86-502 - Definitions, where found.
86-506 - Enterprise project, defined.
86-507 - Information technology, defined.
86-508 - Information technology clearinghouse, defined.
86-509 - Information technology infrastructure, defined.
86-510 - Statewide technology plan, defined.
86-511 - Technical panel, defined.
86-513 - Legislative findings and intent.
86-514 - University of Nebraska; Legislature; exemptions.
86-515 - Nebraska Information Technology Commission; created; members; expenses; executive director.
86-517 - Commission; implementation goals.
86-519 - Office of Chief Information Officer; created.
86-520 - Chief Information Officer; duties.
86-521 - Technical panel; created; duties.
86-522 - Community Technology Fund; created; use; investment.
86-523 - Government Technology Collaboration Fund; created; use; investment.
86-524.01 - Information technology plan; report required.
86-525 - Enterprise project; legislative findings.
86-526 - Enterprise project; designation.
86-527 - Information Technology Infrastructure Fund; created; use; investment.
86-528 - Enterprise project; funding.
86-529 - Enterprise project; commission; duties.
86-530 - Enterprise project; report.
86-551 - Intergovernmental data services program; created.
86-552 - Definitions, where found.
86-554 - Application, defined.
86-558 - Intergovernmental data services system, defined.
86-559 - Local application, defined.
86-560 - Peripheral device, defined.
86-563 - Division; duties and powers.
86-565 - Rules and regulations.
86-567 - Intergovernmental Data Services Program Revolving Fund; created; use; investment.
86-568 - Miscellaneous cash and revolving funds; authorized.
86-570 - Geographic Information Systems Council; created; members; appointment; terms; expenses.
86-571 - Council; officers; advisory committees; meetings; expenses.
86-575 - Agency or political subdivision; dark fiber; disposition; powers.
86-576 - Agency or political subdivision; dark fiber; sale.
86-577 - Agency or political subdivision; dark fiber; lease.
86-578 - Dark fiber; violation; procedure; appeal.
86-579 - Nebraska Internet Enhancement Fund; created; use; investment; termination.
86-594 - Agency or political subdivision of state; limitation on power.
86-595 - Public power supplier; limitation on retail services.
86-597 - Retail or wholesale service; how construed.
86-598 - Sections; how construed.
86-5,103 - Legislative findings.
86-5,108 - Act; applicability.
86-601 - Telegraph companies; laws governing.
86-602 - Telegraph companies and press associations; statement; filing.
86-603 - Certificate of authority; fee; issuance; effect.
86-604 - Telegraph companies and press associations; statement; failure to register; penalty.
86-605 - Dispatches; transmission; duties.
86-606 - Dispatches; unlawful delay or disclosure; penalty.
86-607 - Dispatches; rates; violation; penalty.
86-608 - Dispatches; duties; violation; penalty.
86-609 - Dispatches; unlawful delay or refusal; nondelivery of notice; violation; penalty.
86-610 - Dispatches; nondelivery; mistakes; liability.
86-613 - Definitions, where found.
86-615 - Automated transaction, defined.
86-616 - Computer program, defined.
86-619 - Electronic agent, defined.
86-620 - Electronic record, defined.
86-621 - Electronic signature, defined.
86-622 - Governmental agency, defined.
86-623 - Information, defined.
86-624 - Information processing system, defined.
86-627 - Security procedure, defined.
86-629 - Transaction, defined.
86-630 - Applicability of act.
86-631 - Prospective application.
86-632 - Use of electronic records and electronic signatures; variation by agreement.
86-633 - Construction and application.
86-634 - Legal recognition of electronic records, electronic signatures, and electronic contracts.
86-635 - Provision of information in writing; presentation of records.
86-636 - Attribution and effect of electronic record and electronic signature.
86-637 - Effect of change or error.
86-638 - Notarization and acknowledgment.
86-639 - Retention of electronic records; originals.
86-640 - Admissibility in evidence.
86-641 - Automated transaction.
86-642 - Time and place of sending and receipt.
86-643 - Transferable records.
86-644 - Electronic postmark; use by state agency; authorized.
86-701 - Telecommunications rights-of-way; definitions, where found.
86-703 - Telecommunications company, defined.
86-705 - Right-of-way; condemnation; procedure.
86-706 - Right-of-way; condemnation; location; costs; abandonment.
86-707 - Right-of-way; state and federal highways; regulation by Department of Transportation.
86-708 - Telephone lines; notice of widening of roads; when given.
86-709 - Telephone lines; notice of widening of roads; contents.
86-710 - Telephone lines; liability; cost of removal.
86-803 - Wireless carrier; provide call location information.
86-804 - Limitation on liability.
86-805 - Wireless carrier; provide contact information; Nebraska State Patrol; duties.
86-806 - Nebraska State Patrol; provide information to law enforcement agencies.
86-807 - Voluntary disclosure of call location information.
86-905 - Prepaid wireless surcharge; no imposition for other tax, fee, surcharge, or other charge.
86-1004 - Definitions, where found.
86-1005 - Basic 911 service, defined.
86-1006 - Commission, defined.
86-1006.01 - Committee, defined.
86-1007 - Emergency services, defined.
86-1008 - Enhanced-911 service, defined.
86-1009 - Enhanced wireless 911 service, defined.
86-1010 - Interconnected voice over Internet protocol service, defined.
86-1011 - Internet protocol, defined.
86-1012 - Internet protocol-enabled service, defined.
86-1013 - Local governing body, defined.
86-1015 - Next-generation 911, defined.
86-1016 - Next-generation 911 service, defined.
86-1018 - 911 service, defined.
86-1019 - 911 service system, defined.
86-1020 - Originating service provider, defined.
86-1021 - Public safety agency, defined.
86-1022 - Public safety answering point, defined.
86-1023 - Service user, defined.
86-1024 - Stakeholder, defined.
86-1027 - Plan for 911 service system; contents; public hearings; report.
86-1028 - 911 Service System Fund; created; use; investment.
86-1029 - Authority of commission; how construed.
86-1029.01 - Federal and other funds; commission; powers.
86-1029.02 - Immunity from liability.
86-1029.03 - Rules and regulations.
86-1101 - Broadband telecommunications service; legislative intent.
86-1103 - Rural Broadband Task Force Fund; created; use; investment.
86-1202 - Legislative findings and declarations.
86-1203 - Definitions, where found.
86-1205 - Applicable codes, defined.
86-1207 - Application, defined.
86-1209 - Authority pole, defined.
86-1210 - Collocate or collocation, defined.
86-1211 - Communications facility, defined.
86-1212 - Communications network, defined.
86-1213 - Communications service, defined.
86-1214 - Communications service provider, defined.
86-1215 - Decorative pole, defined.
86-1217 - Historic district, defined.
86-1219 - Microwireless facility, defined.
86-1222 - Public power supplier, defined.
86-1224 - Right-of-way, defined.
86-1225 - Rural public power supplier, defined.
86-1226 - Small wireless facility, defined.
86-1227 - Technically feasible, defined.
86-1228 - Utility pole, defined.
86-1229 - Wireless facility, defined.
86-1230 - Wireless infrastructure provider, defined.
86-1231 - Wireless provider, defined.
86-1232 - Wireless services, defined.
86-1233 - Wireless services provider, defined.
86-1234 - Wireless support structure, defined.
86-1235 - Wireline backhaul facility, defined.
86-1240 - Interpretation of Small Wireless Facilities Deployment Act; limitations.
86-1241 - Authority; powers and duties; limitations.
86-1242 - Disputes; court jurisdiction; rates; applicability.
86-1243 - Applicability of act.
86-1303 - Broadband Bridge Program; created; purpose; administration; funding; legislative intent.
86-1305 - Grants; priority for distribution.
86-1306 - Grant applications; weighted scoring system.
86-1308 - Grants; funding; conditions; limitation; maximum amount.
86-1309 - Nebraska Broadband Bridge Fund; created; use; investment.
86-1310 - Rules and regulations.
86-1311 - Act; how construed; commission; duties.
86-1312 - Federal funds; administration; coordination.