Nebraska § 86-1070 Surcharge; wireless carrier; duties; applicability

Nebraska Statutes

§ 86-1070 — Surcharge; wireless carrier; duties; applicability

Nebraska § 86-1070

Ch. 86Telecommunications and Technology

This text of Nebraska § 86-1070 (Surcharge; wireless carrier; duties; applicability) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 86-1070 (2026).

Text

(1)Each wireless carrier shall collect:

(a)A surcharge of up to seventy cents, except as provided in subdivision (1)(b) of this subsection, on all active telephone numbers or functional equivalents every month from users of wireless service and shall remit the surcharge in accordance with section 86-1072 ; or

(b)A surcharge of up to fifty cents on all active telephone numbers or functional equivalents every month from users of wireless service whose primary place of use is in a county containing a city of the metropolitan class and shall remit the surcharge in accordance with section 86-1072 . The wireless carrier is not liable for any surcharge not paid by a customer and is not required to collect the wireless surcharge for any customers receiving services under the Nebraska Telephon

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(1) Each wireless carrier shall collect:
(a) A surcharge of up to seventy cents, except as provided in subdivision (1)(b) of this subsection, on all active telephone numbers or functional equivalents every month from users of wireless service and shall remit the surcharge in accordance with section 86-1072 ; or
(b) A surcharge of up to fifty cents on all active telephone numbers or functional equivalents every month from users of wireless service whose primary place of use is in a county containing a city of the metropolitan class and shall remit the surcharge in accordance with section 86-1072 .
The wireless carrier is not liable for any surcharge not paid by a customer and is not required to collect the wireless surcharge for any customers receiving services under the Nebraska Telephone Assistance Program who do not receive a monthly charge for service through a billing statement.
(2) Except as otherwise provided in this section, the wireless carrier shall add the surcharge to each user's billing statement. The surcharge shall appear as a separate line-item charge on the user's billing statement and shall be labeled as "Wireless 911 Surcharge" or a reasonable abbreviation of such phrase.
(3) If a wireless carrier, except as otherwise provided in this section, resells its service through other entities, each reseller shall collect the surcharge from its customers and shall remit the surcharge in accordance with section 86-1072 .
(4) The surcharges authorized by this section shall not apply to prepaid wireless telecommunications service as defined in section 86-902 .

Legislative History

Source: Laws 2001, LB 585, § 2; R.S.Supp.,2001, § 86-2202; Laws 2002, LB 1105, § 258; Laws 2003, LB 187, § 31; Laws 2006, LB 1222, § 8; Laws 2007, LB661, § 23; Laws 2012, LB1091, § 8; R.S.1943, (2024), § 86-457; Laws 2025, LB362, § 52. Effective Date: September 3, 2025 Annotations: Subsections (1) through (3) of this section exclusively apply to postpaid wireless services, while subsections (4) through (6) apply to prepaid wireless services. TracFone Wireless v. Nebraska Pub. Serv. Comm., 279 Neb. 426, 778 N.W.2d 452 (2010). The plain language of subsection (5) of this section permits the Public Service Commission to require compliance with the surcharges and methods for collection and remittance that it establishes. TracFone Wireless v. Nebraska Pub. Serv. Comm., 279 Neb. 426, 778 N.W.2d 452 (2010).