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Sen. Jana Hughes seeks local sign‑off for broadband grant applicants to reduce overbuilds and zoning conflicts

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Summary

Senator Jana Hughes proposed LB176 to require broadband grant applicants to obtain a resolution of support from each affected local political subdivision as part of their application, aiming to reduce overbuild, zoning conflicts and project litigation.

Senator Jana Hughes, who represents District 24, introduced LB176 and an amendment (AM147) that would require applicants for state broadband grants to secure a resolution of support from each affected county, city or village before the Public Service Commission considers the application.

Hughes told the committee that some providers accept state grant awards and then contact local governments only after money is committed, creating conflicts with local zoning and permitting and leading to project delays or litigation. "They are building cell tower towers with these broadband grants," she said, arguing that the lack of prior local engagement has in some cases produced projects that do not fit local ordinances or overbuild existing or planned local deployments.

Supporters from county government and municipal associations testified they see the proposal as reasonable coordination that would avoid wasted taxpayer funds and unnecessary litigation. Seward County Commissioner Misty Amick described a case in her county where a PSC‑funded tower application conflicted with local zoning and generated legal costs for a small village forced to hire outside counsel.

Beatrice‑area broadband organizer Emily Haxby and consultant Lowell Brooks said the state’s Broadband Bridge program has had successful projects but also a notable share of extensions and defaults; they argued earlier coordination would surface planned local projects and reduce overbuild and litigation risk.

Opponents included several incumbent rural telecom providers and some applicants who said the requirement could delay time‑sensitive grant applications because many county and municipal boards meet only monthly. They also said the PSC application already awards points for local support and that other mapping and challenge processes (including federal maps and challenge windows) exist.

Public Service Commission staff testified in a neutral capacity that while high demand and project competition previously led them to avoid mandatory local support requirements, the agency could implement the requirement if the Legislature enacted it. PSC staff cautioned that incomplete resolutions could disqualify an application and that applicants may face costs seeking municipal or county resolutions for proposals with no guarantee of funding.

Proponents urged the committee to adopt LB176 to protect taxpayer dollars, preserve local control over siting and improve coordination among state funders, providers and local permitting authorities. The committee took testimony and did not act during the hearing.