Nebraska Revised Statutes

Neb. Rev. Stat. § 86-328 (2026)

Annual public hearing; notice; fund level; Prepaid Wireless Surcharge Act; applicability

✓ current as of July 2026

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(1) Annually the commission shall hold a public hearing to determine the level of the fund necessary to carry out the Nebraska Telecommunications Universal Service Fund Act. The commission shall publish notice of the hearing in at least one newspaper of general circulation in the state at least once each week for two consecutive weeks before the hearing. After the hearing, the commission shall determine the amount of the fund for the following year, including a reasonable reserve. In the initial year of the fund's operation, the commission shall determine the amount of the fund to be equivalent to the amount which, in the commission's judgment, after careful analysis, is necessary to keep approximately ninety-six percent of Nebraska households subscribed to local telecommunications service.

(2) In an emergency as determined by the commission, the commission may adjust the level of the fund, but only after a public hearing for such purpose.

(3) For purposes of service by a prepaid wireless telecommunications service provider, universal service fund contribution and surcharge obligations shall be governed by the Prepaid Wireless Surcharge Act, except that a prepaid wireless telecommunications service provider shall continue to be subject to the audit requirements in subdivision (2)(e) of section 86-324.

Notes of Decisions

Cited in 2 cases, 1967–2006 · leading case: Schumacher v. Johanns, 722 N.W.2d 37 (Neb. 2006).

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Schumacher v. Johanns, 722 N.W.2d 37 (Neb. 2006). · cites it 5× “§ 86-328. The NTUSFA also provides that “[i]n the initial year of the fund’s operation, the [PSC] shall determine the amount of the fund to be equivalent to the amount which, in the [PSC’s] judgment, after careful analysis, is necessary to keep approximately ninety-six percent…”

Berger v. New York, 388 U.S. 41 (1967). · cites it 2× “1965); Neb. Rev. Stat. § 86-328 (1966); Nev. Rev.”

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