Transportation and Telecommunications Committee
February 11, 2025
Committee Chair: Sen. Mike Moser | Bills Heard: 5 | Full Transcript (PDF)
LB666: Rural Communications Sustainability Act amendment allowing competitive providers to initiate NUSF support transitions
Introduced by: Sen. Tanya Storer | Testimony: 3 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Competitive broadband providers could tap rural subsidy fund under LB666. The bill would let competitive carriers initiate applications to receive Nebraska Universal Service Fund support for rural areas, a power currently limited to incumbent telephone companies. Why it matters: Rural broadband networks require ongoing subsidies to survive in low-density areas where customer fees can't cover costs. Allowing competitive providers access to NUSF could accelerate broadband deployment in the Sandhills and other remote regions while preventing wasteful duplication of subsidies. What they're saying: Proponents argue the change is necessary because no incumbent carrier has used existing transition authority, leaving competitive providers who've already invested in rural fiber unable to access sustainability funds. The Public Service Commission testified neutrally that it already has authority to grant such requests through existing rules, but memorializing the process in statute could provide clarity. What's next: No vote was taken. The bill advanced through testimony without opposition.
Committee sentiment: Supportive: Sen. Wendy DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB4: Nebraska Telecommunications Exchange Deregulation Act
Introduced by: Sen. Carolyn Bosn | Testimony: 2 proponents, 2 opponents, 1 neutral | Read bill text (PDF)
Bosn's deregulation bill would free carriers from outdated copper phone rules in competitive areas. LB4 would let incumbent telecommunications companies shed carrier-of-last-resort obligations in exchanges where competitors already provide service, focusing on urban areas where 95% of Nebraskans have abandoned copper landlines. Why it matters: Carriers argue they're forced to maintain aging copper networks that few customers want, draining resources that could fund fiber broadband expansion. But the Public Service Commission warned the bill's automatic deregulation trigger removes its ability to protect consumers in edge areas of exchanges that lack competition. What they're saying: Proponents cite 38 states with similar laws and note that only 5% of Nebraskans use copper lines. "Leveling the playing field is critical," Lumen testified, since ILECs face regulations that 95% of competitors don't. But PSC Chair Schram countered: "We processed 551 consumer complaints last year and saved consumers $44,000. Without regulatory authority, we cannot help consumers in deregulated areas." By the numbers: 2.7 million voice subscriptions in Nebraska; 136,000 are copper lines. What's next: No vote was taken. Sen. DeBoer suggested a compromise: require PSC review for all deregulation applications rather than automatic approval for exchanges over 100,000 residents. Bosn indicated openness to amendments.
Committee sentiment: Skeptical: Sen. Wendy DeBoer, Sen. Dunixi Guereca, Sen. Tom Brandt
Sentiment estimated from questions and comments — not stated positions.
LB311: Broadband regulation preemption clarification
Introduced by: Sen. Wendy DeBoer | Testimony: 2 proponents, 4 opponents, 0 neutral | Read bill text (PDF)
DeBoer's broadband bill faces pushback over rights-of-way concerns. LB311 aims to clarify that the FCC—not states or cities—regulates broadband rates and service terms. But counties, cities, and the Public Service Commission worry the bill's broad language could strip their authority to manage how providers dig up streets and maintain infrastructure. Why it matters: Charter Communications sought the bill after a local administrator tried to impose service speed requirements as a condition of right-of-way permits. But counties say they need permitting authority to prevent costly mistakes—like fiber buried improperly down road centers that taxpayers must repair. What they're saying: Charter argues different regulatory schemes per state are infeasible when operating in 42 states. But NACO testified: "We've faced significant challenges from improper deployment practices by subcontractors." The PSC added that federal broadband regulation is in flux under new FCC leadership, making it premature to preempt all state oversight. What's next: No vote was taken. DeBoer acknowledged the bill has problems and committed to working with stakeholders—counties, cities, PSC, and providers—to find language that clarifies FCC authority without unintended consequences.
Committee sentiment: Unclear: Sen. Wendy DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB347: Elimination of PSC debt approval requirement for common carriers
Introduced by: Sen. Jason Prokop | Testimony: 3 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Prokop's bill would scrap 1963 debt approval rule for telecom companies. LB347 eliminates a requirement that telecommunications carriers seek Public Service Commission approval before taking on debt longer than 12 months—a rule designed when monopoly phone companies posed a public safety risk if they went bankrupt. Why it matters: The PSC receives only 1-2 applications per year, making the requirement a low-value use of staff time. More importantly, modern lenders and bond rating agencies conduct far more rigorous financial vetting than the PSC can perform. The $2,500 application fee is also outsized compared to other PSC fees. What they're saying: Commissioner Mirch testified the PSC is in an "untenable position" second-guessing lenders' determinations. ALLO Communications, Nebraska's largest majority-owned telecom, supports the bill, noting it has invested $600 million in fiber networks and faces unnecessary barriers to financing. What's next: No vote was taken. The bill advanced through testimony without opposition.
Committee sentiment: Supportive: Sen. John Fredrickson, Sen. Tom Brandt
Sentiment estimated from questions and comments — not stated positions.
LB18: Wireless facility placement standards
Introduced by: Sen. John Cavanaugh | Testimony: 1 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Cavanaugh's bill would require cities to think before placing cell towers in sidewalks. LB18 mandates that local authorities verify wireless facility placement complies with the Americans with Disabilities Act, doesn't block traffic, and doesn't interfere with utilities before granting permits. Why it matters: A 2021 incident in Cavanaugh's Omaha district illustrates the problem: a 5G tower was installed in the middle of a sidewalk, forcing the city to rip up and reroute the sidewalk into a homeowner's yard. Cavanaugh reviewed 400 emails about the project; 398 discussed pole color, two discussed placement. What they're saying: Cavanaugh emphasized the bill doesn't stop wireless deployment—it just requires coordination. "If they had put this 4 feet to the north instead of where it currently is, the sidewalk would have stayed the same," he testified. The League of Nebraska Municipalities supports the bill as bringing common sense to right-of-way management, though it noted the ADA's complaint-based process wouldn't have prevented the problem. What's next: No vote was taken. The bill advanced through testimony with only one proponent testifier but no opposition. Cavanaugh indicated it is not his priority bill, but suggested it could move quickly if the committee advanced it.
Committee sentiment: Supportive: Sen. John Fredrickson, Sen. Carolyn Bosn, Sen. Wendy DeBoer Unclear: Sen. Tom Brandt
Sentiment estimated from questions and comments — not stated positions.
Session Notes
Committee Chair Moser opened the afternoon hearing and introduced committee members. The committee heard five bills: LB666, LB4, LB311, LB347, and LB18. Online comments were received for several bills. The committee indicated it would hold an executive session at the end of the hearing. Chair Moser noted that committee members come and go during hearings due to obligations in other committees. The committee uses a three-minute timer system for testimony. No demonstrations of opposition or support are allowed. The committee received 2 proponent online comments and 2 opponent online comments on LB4; 2 proponent, 2 opponent, and 1 neutral comment on LB311; 3 proponent and 1 opponent comment on LB18; and 2 proponent, 2 opponent, and 1 neutral comment on LB4. One written testimony from John Wyvill of Cox Communications was submitted for LB311 via ADA accommodation.
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