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ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE RESOLUTION 470
Introduced by Ballard, 21.
PURPOSE: The purpose of this resolution is to propose an interim study to
streamline and improve wireless connectivity for residents, families and
businesses, specifically by examining policies to address unreasonable fees and
other costs for wireless deployments.
In recent years, wireless providers and infrastructure companies have
experienced an exponential growth in fees for processing siting applications
that include or require engagement with third-party contractors or consultants.
Permitting fees for wireless sites are often substantially higher in
municipalities and jurisdictions that utilize these consultants compared with
those that do not. In some cases across the country, jurisdictions even require
upfront retainer payments before an application can be considered.
This growth in fees and costs is happening as the public's demand for
wireless services is growing at historic proportions in Nebraska and across the
nation. In 2024 alone, United States consumers used a record 132 trillion
megabytes of mobile data, shattering the 100 trillion-megabyte mark set the
year before. The amount of wireless infrastructure necessary to carry that
traffic and meet this growing demand is staggering and will only continue to
grow, which is why wireless providers invested $29 billion in 2024 and
approximately $219 billion since 2018 to expand the nation's wireless networks.
In 2021, LB520 was introduced to address this and other permitting issues.
The bill preserved and protected the ability of Nebraska jurisdictions to
charge fees for wireless permitting provided the assessed fees are reasonable
and reflective of actual costs of wireless permitting. This included specific
limits and guardrails on consultant-based fee assessments. Even if this and
other related provisions had been enacted into law, LB520 would have maintained
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already substantial, appropriate local control over the wireless permit
application process.
This study shall examine policies adopted by other states as well as
federal laws and regulations governing fees and costs assessed by
municipalities and other jurisdictions for wireless permitting to facilitate
the development of future Nebraska legislation to address the issue.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE HUNDRED NINTH
LEGISLATURE OF NEBRASKA, SECOND SESSION:
1. That the Transportation and Telecommunications Committee of the
Legislature shall be designated to conduct an interim study to carry out the
purposes of this resolution.
2. That the committee shall upon the conclusion of its study make a report
of its findings, together with its recommendations, to the Legislative Council
or Legislature.
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