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

(2) Any agency or political subdivision which sells or leases 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.

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).