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LB 18

Require certain determinations prior to utility pole installations under the Small Wireless Facilities Deployment Act

109th Legislature (2025-2026) Introduced by John Cavanaugh

LB 18 lets authorities pre-approve wireless poles and small facilities for ADA/safety and non-interference with utilities, with nondiscriminatory charges and height limits.

Title printed. Carryover bill
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Bill Summary · LB 18

Summary of Nebraska Legislative Bill LB 18 (2025)

Overview

LB 18, introduced Jan. 9, 2025 by Senator John Cavanaugh and referred to the Transportation and Telecommunications Committee, seeks to amend the Small Wireless Facilities Deployment Act. The bill adds explicit duties for an authority overseeing right-of-way installations, and sets height limits and design/facilities rules for new and modified wireless poles and small wireless facilities. A notice of hearing is scheduled for Feb. 11, 2025.

Purpose and Intent

  • Ensure that every new or modified installation of small wireless facilities or utility poles in the right-of-way meets standards for safety, accessibility, and uninterrupted utility use.
  • Protect public safety and the legitimate use of rights-of-way by utilities, while regulating deployment of wireless infrastructure.
  • Establish nondiscriminatory charges and prohibit exclusive rights arrangements in the right-of-way.
  • Allow certain design/concealment requirements in historic districts, with nondiscriminatory application.

Key Provisions

Authority duties (Section 1)

  • An authority under the Small Wireless Facilities Deployment Act must determine, prior to installation:
    • ADA compliance (federal Americans with Disabilities Act and related regulations as of Jan. 1, 2025).
    • That the installation does not obstruct or hinder usual travel or public safety in the right-of-way.
    • That the installation does not obstruct the legal use of the right-of-way by any utility or impede a utility’s ability to operate or provide service.
  • If an installation does not meet these criteria, the authority shall not permit it.

Anticompetitive and pricing provisions

  • The authority cannot enter into exclusive arrangements for use of the right-of-way.
  • Rates for right-of-way use for collocation of small wireless facilities or pole work must be nondiscriminatory, consistent with existing law, and may be charged to wireless providers the same as other entities (or may refrain from charging such rate on a nondiscriminatory basis).

Construction and facility height limits (Section 1)

  • New or modified utility poles:
    • Height must be the greater of either:
    • 5 feet above the tallest existing pole within 500 feet (as of Sept. 1, 2019), or
    • 50 feet above ground level.
  • New small wireless facilities:
    • Height must be the greater of either:
    • 50 feet total (including the antenna), or
    • More than 5 feet above an existing 2019 pole within 500 feet.
  • Authorities may, at their discretion and under nondiscriminatory rules, approve installations that exceed these height limits.

Decorative poles (Section 1)

  • Applicants may request to replace a decorative pole when collocating a small wireless facility; replacements must conform to nondiscriminatory design aesthetics.

Historic properties and design/concealment measures (Section 1)

  • Authorities may require design or concealment measures in historic districts established prior to Jan. 1, 2019, subject to nondiscriminatory, published requirements.
  • Such measures must be objective, directed to avoid intangible public harm, and must be published in advance (not part of the facility itself).

Damage repair and site restoration (Section 1)

  • Authorities may require repair of damages to the right-of-way caused by the wireless provider; restoration to equal or better condition.
  • If repairs aren’t completed within 14 days after notice, the authority may perform the work and bill the provider.
  • Extension up to 10 days may be granted; in emergencies, the authority may restore immediately and bill the provider.

Compliance and process prior to installation (Section 1)

  • Prior to installing any new or modified pole or wireless facility, the authority must determine ADA compliance, safety, and unobstructed use of the right-of-way.

Who Is Affected

  • Wireless providers deploying small wireless facilities and related poles.
  • Authorities (cities, counties, or other entities administering rights-of-way).
  • Utilities sharing the right-of-way.
  • Historic districts and property owners within those districts (subject to design/concealment provisions).

Procedural and Timeline Aspects

  • Introduced: Jan 9, 2025.
  • Referred to Committee: Jan 13, 2025.
  • Notice of hearing: Jan 31, 2025.
  • Hearing: Feb 11, 2025.
  • The bill would amend Section 86-1236 of Nebraska statutes and repeal the original section.

Summary

LB 18 adds concrete pre-installation review focused on ADA compliance, safety, and non-interference with utilities; tightens height limits while preserving discretionary authority to approve higher structures; prohibits exclusive ROW access and mandates nondiscriminatory charges; introduces design/concealment considerations in historic areas, and clarifies repair responsibilities and timelines. If an installation fails ADA/safety criteria, it cannot be permitted. The bill positions the authority as a gatekeeper to ensure safe, accessible, and non-discriminatory deployment of small wireless facilities in Nebraska’s right-of-way.

Compiled from official sources — confirm details with the bill’s official record.

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