86-125. Communications providers; registration; requirements; administrative fine.

Notwithstanding the provisions of section 86-124:

(1) All communications providers providing service in Nebraska shall file a registration form with and pay a registration fee to the Public Service Commission. A communications provider which provides such service prior to August 1, 2007, and which continues to provide such service on and after August 1, 2007, shall register with the commission no later than January 1, 2008. Any communications provider which begins to provide service in Nebraska on or after August 1, 2007, shall register with the commission prior to providing such service;

(2) The commission shall prescribe the registration form to be filed pursuant to this section. Communications providers as defined in subdivision (8)(a) of this section shall provide:

(a) The name, address, telephone number, and email address of a contact person concerning the Nebraska Telecommunications Universal Service Fund Act and related surcharges, if applicable;

(b) The name, address, telephone number, and email address of a contact person concerning the Telecommunications Relay System Act and related surcharges, if applicable;

(c) The name, address, telephone number, and email address of a contact person concerning the Enhanced Wireless 911 Services Act and related surcharges, if applicable; and

(d) The name, address, telephone number, and email address of a contact person concerning consumer complaints and inquiries;

(3) Communications providers as defined in subdivision (8)(b) of this section shall provide the commission with the name, address, telephone number, and email address of a person with managerial responsibility for Nebraska operations;

(4) The communications provider shall submit a registration fee at the time of submission of the registration form. The commission shall set the fee in an amount sufficient to cover the costs of administering the registration process but not to exceed fifty dollars;

(5) The communications provider shall keep the information required by this section current and shall notify the commission of any changes to such information within sixty days after the change;

(6) The commission may administratively fine pursuant to section 75-156 any communications provider which violates this section;

(7) This section applies to all communications providers providing service in Nebraska except for those communications providers otherwise regulated under the Nebraska Telecommunications Regulation Act; and

(8) For purposes of this section, communications provider means any entity that:

(a) Uses telephone numbers or Internet protocol addresses or their functional equivalents or successors to provide information of a user's choosing by aid of wire, cable, wireless, satellite, or other like connection, whether part of a bundle of services or offered separately, (i) which provides or enables real-time or interactive voice communications and (ii) in which the voice component is the primary function; or

(b) Provides any service, whether part of a bundle of services or offered separately, used for transmission of information of a user's choosing regardless of the transmission medium or technology employed, that connects to a network that permits the end user to engage in electronic communications, including, but not limited to, service provided directly (i) to the public or (ii) to such classes of users as to be effectively available directly to the public.

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