§ 86-165 — Sale of exchange; application; notice; commission; considerations; order

(1) A telecommunications company that proposes to sell any
exchange owned by the company shall submit an application to the commission
on a form provided by the commission for approval of the sale. Within twenty
days after receipt of the application, the commission shall publish notice
of the proposed sale in a newspaper of general circulation in each county
in which an exchange proposed for sale provides basic local exchange service.
The notice shall inform the residents of this state of their right to file
a petition of intervention or submit a comment. Such filing or submission
shall occur within fifteen days after publication of the notice. The telecommunications
company shall reimburse the commission for the cost of such publication.
(2) In approving or rejecting
the application, the commission shall consider the protection of the public
interest and to the extent applicable to the exchange proposed to be sold,
(a) the adequacy of local telephone service, (b) the reasonableness of rates
for the local telephone service, (c) the provision of 911 service, enhanced-911
service, and other public safety services, (d) the payment of taxes by the
company, and (e) the ability of the telecommunications company to provide
modern, state-of-the-art telecommunications services. If the commission does
not hold a hearing on the application, it shall issue an order of approval
or rejection within forty-five days after the publication of the notice pursuant
to subsection (1) of this section. If the commission holds a hearing on the
application, it shall issue an order of approval or rejection within one hundred
twenty days after the publication of such notice. The order may include conditions
that the commission deems necessary to ensure protection of the public interest
pursuant to the criteria set forth in this subsection.
(3) For purposes of this
section:
(a)
Exchange means (i) switching, transmission, and other equipment and (ii) facilities
and associated permits, authorizations, service rights, customer contracts,
and related assets by which a telecommunications company provides basic local
exchange service within a local exchange area; and
(b) Sell or sale means the transfer,
for consideration, of title to the assets comprising an exchange. Sell or
sale does not include a transaction such as a merger, a consolidation, stock
sale, financing transaction, or other non-asset sale transaction.

Legislative History

Source: Laws 2010, LB183, § 2.