86-575. Agency or political subdivision; dark fiber; disposition; powers.(1) Any agency or political subdivision of the state may:(a) Own dark fiber;(b) Sell dark fiber pursuant to section 86-576; and(c) Lease or license dark fiber pursuant to section 86-577.(2) Any agency or political subdivision which sells, leases, or licenses its dark fiber pursuant to sections 86-574 to 86-578 shall not be deemed to be providing telecommunications services as defined in section 86-593.Source Laws 2001, LB 827, § 2; R.S.Supp.,2001, § 86-2302; Laws 2002, LB 1105, § 345; Laws 2005, LB 645, § 9; Laws 2024, LB61, § 6. Effective Date: July 19, 2024 Annotations Under former law, subsection (2) of this section is preempted by federal law and is unconstitutional. In re Application of Lincoln Electric System, 265 Neb. 70, 655 N.W.2d 363 (2003).
Nebraska Legal Code