What rate standard applies to pole attachments in Nebraska?

No FCC formula, no state formula, no filed tariff regime and no commission on any Nebraska electric pole. The operative standard is Neb. Rev. Stat. 70-655(1), which requires a district's own board to fix charges for facilities it supplies that are fair, reasonable and nondiscriminatory, and Neb. Rev. Stat. 86-1244(2) keys a pole attachment rate to that section and names the public power supplier's own board as the rate setter, adding the adjective cost-based for small wireless collocation only. There is no Nebraska statute on wireline pole attachments at all, and no statewide rate figure or methodology is established. On investor owned telephone poles, which are the only 47 U.S.C. 224 poles in the state, the FCC's cable and telecommunications formulas at 47 CFR 1.1406 apply with no state overlay because Nebraska has not certified.. Authorities: 47 U.S.C. 224(c); FCC Public Notice DA 22-630; 47 U.S.C. 224(a)(1); 47 U.S.C. 224(a)(3); Neb. Const. art. IV, sec. 20; Neb. Rev. Stat. 75-109; Neb. Rev. Stat. 75-109.01; Neb. Rev. Stat. 70-655(1); Neb. Rev. Stat. 86-1222; Neb. Rev. Stat. 86-1244(2); Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999); 47 CFR 1.1406; 47 CFR Part 1 Subpart J; 47 CFR 1.1407.

Where does a pole attachment dispute in Nebraska go?

No administrative forum exists for any electric pole, by either route: Nebraska has not certified, and the FCC's own authority does not reach a pole owner that is a political subdivision or cooperatively organized. The remedy is judicial, against the owner's own rate decision, on the Neb. Rev. Stat. 70-655 standard and in contract, in the Nebraska district court and on appeal to the Nebraska Supreme Court, which reviews public power rate decisions against that standard. No limitation period, filing deadline or notice period for such a dispute is established, and none is recorded here. No state make ready or self help timeline exists. On an investor owned telephone pole the forum is the FCC under 47 CFR Part 1 Subpart J, with the federal make ready timelines, one touch make ready, self help and the 47 CFR 1.1407 refund power available in full; that is the only administrative remedy in the state.. Authorities: 47 U.S.C. 224(c); FCC Public Notice DA 22-630; 47 U.S.C. 224(a)(1); 47 U.S.C. 224(a)(3); Neb. Const. art. IV, sec. 20; Neb. Rev. Stat. 75-109; Neb. Rev. Stat. 75-109.01; Neb. Rev. Stat. 70-655(1); Neb. Rev. Stat. 86-1222; Neb. Rev. Stat. 86-1244(2); Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999); 47 CFR 1.1406; 47 CFR Part 1 Subpart J; 47 CFR 1.1407.

Are electric cooperative poles regulated in Nebraska?

Not regulated by the state, because Nebraska has no pole attachment rate regime at all. The Public Service Commission's jurisdiction is a closed statutory list of eleven subjects under Neb. Rev. Stat. 75-109.01 that includes neither retail electric service nor pole attachments, and Neb. Rev. Stat. 75-109 confers nothing of its own. Cooperative poles are also outside 47 U.S.C. 224, which excludes any person who is cooperatively organized, so the attachment is governed by the agreement alone. Nebraska's one statutory pole attachment rate provision is keyed by Neb. Rev. Stat. 86-1222 to a governmental entity, which on the face of the text does not reach a cooperative organized as a private nonprofit membership corporation; no Nebraska authority has decided that point.. Authorities: 47 U.S.C. 224(c); FCC Public Notice DA 22-630; 47 U.S.C. 224(a)(1); 47 U.S.C. 224(a)(3); Neb. Const. art. IV, sec. 20; Neb. Rev. Stat. 75-109; Neb. Rev. Stat. 75-109.01; Neb. Rev. Stat. 70-655(1); Neb. Rev. Stat. 86-1222; Neb. Rev. Stat. 86-1244(2); Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999); 47 CFR 1.1406; 47 CFR Part 1 Subpart J; 47 CFR 1.1407.

Are municipal utility poles regulated in Nebraska?

Not regulated by the state. The Commission has no retail electric jurisdiction, and its constitutional grant under Neb. Const. art. IV, sec. 20, though plenary and self executing, reaches common carriers only; public power districts are not common carriers. Public power district, rural public power district and municipal electric utility poles are also outside 47 U.S.C. 224, because 224(a)(1) excludes a person owned by any State and 224(a)(3) defines State to include any political subdivision, agency or instrumentality. Rates are fixed by the pole owner's own board under Neb. Rev. Stat. 70-655.. Authorities: 47 U.S.C. 224(c); FCC Public Notice DA 22-630; 47 U.S.C. 224(a)(1); 47 U.S.C. 224(a)(3); Neb. Const. art. IV, sec. 20; Neb. Rev. Stat. 75-109; Neb. Rev. Stat. 75-109.01; Neb. Rev. Stat. 70-655(1); Neb. Rev. Stat. 86-1222; Neb. Rev. Stat. 86-1244(2); Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999); 47 CFR 1.1406; 47 CFR Part 1 Subpart J; 47 CFR 1.1407.

Nebraska pole attachment rules

Q: Has Nebraska certified under Section 224(c) that it regulates pole attachments itself?

No. Nebraska has not certified under Section 224(c), so the federal rules reach the poles that are within federal jurisdiction. Cooperative, municipal and railroad owned poles sit outside that jurisdiction whether or not a state has certified. Authorities: 47 U.S.C. 224(c); FCC Public Notice DA 22-630; 47 U.S.C. 224(a)(1); 47 U.S.C. 224(a)(3); Neb. Const. art. IV, sec. 20; Neb. Rev. Stat. 75-109; Neb. Rev. Stat. 75-109.01; Neb. Rev. Stat. 70-655(1); Neb. Rev. Stat. 86-1222; Neb. Rev. Stat. 86-1244(2); Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999); 47 CFR 1.1406; 47 CFR Part 1 Subpart J; 47 CFR 1.1407.

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Cooperative poles: Not regulated by the state, because Nebraska has no pole attachment rate regime at all. The Public Service Commission's jurisdiction is a closed statutory list of eleven subjects under Neb. Rev. Stat. 75-109.01 that includes neither retail electric service nor pole attachments, and Neb. Rev. Stat. 75-109 confers nothing of its own. Cooperative poles are also outside 47 U.S.C. 224, which excludes any person who is cooperatively organized, so the attachment is governed by the agreement alone. Nebraska's one statutory pole attachment rate provision is keyed by Neb. Rev. Stat. 86-1222 to a governmental entity, which on the face of the text does not reach a cooperative organized as a private nonprofit membership corporation; no Nebraska authority has decided that point.
Municipal poles: Not regulated by the state. The Commission has no retail electric jurisdiction, and its constitutional grant under Neb. Const. art. IV, sec. 20, though plenary and self executing, reaches common carriers only; public power districts are not common carriers. Public power district, rural public power district and municipal electric utility poles are also outside 47 U.S.C. 224, because 224(a)(1) excludes a person owned by any State and 224(a)(3) defines State to include any political subdivision, agency or instrumentality. Rates are fixed by the pole owner's own board under Neb. Rev. Stat. 70-655.
Rate standard: No FCC formula, no state formula, no filed tariff regime and no commission on any Nebraska electric pole. The operative standard is Neb. Rev. Stat. 70-655(1), which requires a district's own board to fix charges for facilities it supplies that are fair, reasonable and nondiscriminatory, and Neb. Rev. Stat. 86-1244(2) keys a pole attachment rate to that section and names the public power supplier's own board as the rate setter, adding the adjective cost-based for small wireless collocation only. There is no Nebraska statute on wireline pole attachments at all, and no statewide rate figure or methodology is established. On investor owned telephone poles, which are the only 47 U.S.C. 224 poles in the state, the FCC's cable and telecommunications formulas at 47 CFR 1.1406 apply with no state overlay because Nebraska has not certified.
Where a dispute goes: No administrative forum exists for any electric pole, by either route: Nebraska has not certified, and the FCC's own authority does not reach a pole owner that is a political subdivision or cooperatively organized. The remedy is judicial, against the owner's own rate decision, on the Neb. Rev. Stat. 70-655 standard and in contract, in the Nebraska district court and on appeal to the Nebraska Supreme Court, which reviews public power rate decisions against that standard. No limitation period, filing deadline or notice period for such a dispute is established, and none is recorded here. No state make ready or self help timeline exists. On an investor owned telephone pole the forum is the FCC under 47 CFR Part 1 Subpart J, with the federal make ready timelines, one touch make ready, self help and the 47 CFR 1.1407 refund power available in full; that is the only administrative remedy in the state.
Confidence: High confidence on non certification, on the absence of any Nebraska pole attachment rate regime, on the Commission's closed eleven subject jurisdiction, on the constitutional limit to common carriers and the 1999 Nebraska Supreme Court holding, on Neb. Rev. Stat. 70-655(1) and 86-1244(2) as the rate standard, on the confinement of 86-1244 to small wireless facilities, and on the BEAD pole condition having no Nebraska target. Good confidence on Consumers P. P. Dist. v. Twin Valleys and on the two public power rate holdings annotated to 70-655, none of whose opinions were retrieved. Provisional on the owner map and every utility count, on the one published municipal tariff and the owner published attachment manuals, and on the whole of the champerty and unauthorized practice flag. Indicative only on the absence of any Nebraska certification bill or docket, which is a search result and not a reading, on the federal entity regime, and on the tribal utility class, recorded as not present in reliance on nothing.

Authorities47 U.S.C. 224(c)FCC Public Notice DA 22-63047 U.S.C. 224(a)(1)47 U.S.C. 224(a)(3)Neb. Const. art. IV, sec. 20Neb. Rev. Stat. 75-109Neb. Rev. Stat. 75-109.01Neb. Rev. Stat. 70-655(1)Neb. Rev. Stat. 86-1222Neb. Rev. Stat. 86-1244(2)Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999)47 CFR 1.140647 CFR Part 1 Subpart J47 CFR 1.1407

Read the chip above as one fact and no more: whether Nebraska has certified under Section 224(c) that it regulates pole attachments itself. It does not settle your pole. Cooperative and municipal poles sit outside federal jurisdiction whether or not a state has certified, so the two owner class lines are the ones that answer the question for the invoice in front of you.

This record is worked from the statute and the order that made it rather than from a summary of one. The confidence line is tied to its source: where a conclusion rests on weaker ground the record says so, because a hedge you can see is what makes the confident answers worth believing. The method is set out in how PoleProof researches and verifies, and how a cleared rule enters an audit is on the methodology page.

Nebraska pole attachment rules, in writing and dated.

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