86-165 Sale of exchange; application; notice; commission; considerations; order. - Nebraska Statutes

86-165. Sale of exchange; application; notice;commission; considerations; order.(1) A telecommunications company that proposes to sell anyexchange owned by the company shall submit an application to the commissionon a form provided by the commission for approval of the sale. Within twentydays after receipt of the application, the commission shall publish noticeof the proposed sale in a newspaper of general circulation in each countyin which an exchange proposed for sale provides basic local exchange service.The notice shall inform the residents of this state of their right to filea petition of intervention or submit a comment. Such filing or submissionshall occur within fifteen days after publication of the notice. The telecommunicationscompany shall reimburse the commission for the cost of such publication.(2) In approving or rejectingthe application, the commission shall consider the protection of the publicinterest and to the extent applicable to the exchange proposed to be sold,(a) the adequacy of local telephone service, (b) the reasonableness of ratesfor the local telephone service, (c) the provision of 911 service, enhanced-911service, and other public safety services, (d) the payment of taxes by thecompany, and (e) the ability of the telecommunications company to providemodern, state-of-the-art telecommunications services. If the commission doesnot hold a hearing on the application, it shall issue an order of approvalor rejection within forty-five days after the publication of the notice pursuantto subsection (1) of this section. If the commission holds a hearing on theapplication, it shall issue an order of approval or rejection within one hundredtwenty days after the publication of such notice. The order may include conditionsthat the commission deems necessary to ensure protection of the public interestpursuant to the criteria set forth in this subsection.(3) For purposes of thissection:(a)Exchange means (i) switching, transmission, and other equipment and (ii) facilitiesand associated permits, authorizations, service rights, customer contracts,and related assets by which a telecommunications company provides basic localexchange service within a local exchange area; and(b) Sell or sale means the transfer,for consideration, of title to the assets comprising an exchange. Sell orsale does not include a transaction such as a merger, a consolidation, stocksale, financing transaction, or other non-asset sale transaction. SourceLaws 2010, LB183, § 2.Effective Date: July 15, 2010