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Bill to clarify FCC preemption draws wide stakeholder pushback over rights‑of‑way and 911
Summary
LB 311, intended to clarify that certain broadband regulation is federal (FCC) authority, drew support from major providers but strong opposition from counties, the PSC and utilities who warned the draft is overbroad and could limit local rights‑of‑way control and PSC emergency oversight.
Sen. Wendy DeBoer introduced LB 311 to clarify in state statute that FCC jurisdiction over broadband access service preempts local regulation of rates, terms and entry conditions — while expressly preserving state or federal grant program administration. Sponsors said the intent was to prevent local governments from imposing inconsistent requirements on broadband providers that would impede deployment; providers including Charter and trade groups supported the intent.
Dayton Murty of Charter argued LB 311 would reduce uncertainty for multi‑state providers and avoid a patchwork of local rules. “The intent…
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