86-607. Dispatches; rates; violation; penalty.
(1) Except as otherwise provided in this section, it is unlawful for any telegraph company, its agents, or its operators to demand, charge, or receive from any individual, association, or corporation a greater sum for the transmission and delivery of any telegram or message over a given distance than it demands, charges, or receives for the transmission and delivery of any telegram or message containing an equal number of words over a greater distance. A dispatch transmitted during the night and a dispatch for publication in a newspaper may be forwarded and delivered at reduced rates if such rates are uniform for the same service.
(2) It is unlawful for any telegraph company, or press association or organization engaged in the business of forwarding dispatches by telegraph, to demand, collect, or receive from any publisher or proprietor of a newspaper any greater sum for a given service than it demands, charges, or collects from the publisher or proprietor of any other newspaper for a like service.
(3) A violation of this section is a Class II misdemeanor. In addition, such telegraph company or press association or organization shall be liable for all damages sustained by the person or party as a result of such discrimination.
Source
Annotations
In order to constitute an unjust discrimination, there must be a difference in rates under substantially similar circumstances as to services. Western Union Tel. Co. v. Call Pub. Co., 58 Neb. 192, 78 N.W. 519 (1899), 44 Neb. 326, 62 N.W. 506 (1895).
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.