reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-402 - Legislative findings

It is the intent of the General Assembly in enacting this subchapter to:
(1)
Provide for a system of regulation of telecommunications services, consistent with the federal act, that assists in implementing the national policy of opening the telecommunications market to competition on fair and equal terms, modifies outdated regulation, eliminates unnecessary regulation, and preserves and advances universal service;
(2)
Recognize that a telecommunications provider that serves high-cost rural areas or exchanges faces unique circumstances that require special consideration and funding to assist in preserving and promoting universal service;
(3)
Recognize that the:
(A)
Widespread and timely deployment of broadband infrastructure is vital to the economic, educational, health, and social interests of Arkansas and its citizens; and
(B)
Arkansas High Cost Fund has enabled eligible telecommunications carriers to accelerate and promote the incremental extension and expansion of broadband services and other advanced services in rural or high-cost areas of the state beyond what would normally occur, and broadband services are now available in dozens of new communities to thousands of Arkansans who otherwise would not have access to broadband services and its benefits;
(4)
(A)
Recognize differences between the small and large incumbent local exchange carriers, that there are customer-owned telephone cooperatives and small locally owned investor companies, and that it is appropriate to provide incentives and regulatory flexibility to allow incumbent local exchange carriers that serve the rural areas to provide existing services and to introduce new technology and new services in a prompt, efficient, and economical manner.
(B)
The General Assembly finds that the Arkansas Public Service Commission, when promulgating rules and regulations, should take into consideration the differences in operating conditions in the large and small incumbent local exchange carriers and the burdens placed on small carriers because of regulation; and
(5)
(A)
Recognize that in areas of the state served by electing companies, telecommunications connections utilizing unregulated technologies such as wireless and Voice over Internet Protocol greatly outnumber traditional wireline connections that remain regulated by the commission.
(B)
The General Assembly finds that the removal of quality-of-service regulation of wireline services provided in the competitive exchanges of electing companies will serve to encourage private-sector investment in the telecommunications marketplace.
Acts 1997, No. 77, § 2; 2011, No. 290, § 1; 2011, No. 594, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-406 - Electing companies

(a)
Any incumbent local exchange carrier may elect to have the rates, terms, and conditions for its telecommunications services determined pursuant to the provisions of this section.
(b)
An incumbent local exchange carrier shall file a notice of its intent with the Arkansas Public Service Commission to be an electing company and to be regulated pursuant to this section and §§
23-17-407
and
23-17-408
.
(c)
(1)
Upon such a filing, all rates, terms, and conditions for the services provided by that incumbent local exchange carrier contained in the tariffs and end-user contracts that were in effect on the date twelve (12) months prior to the date of election under this section shall be deemed just and reasonable.
(2)
However, nothing herein shall restrict any customer's right to complain to the commission regarding quality of service or the commission's right to enforce any quality of service rules and standards which are equally imposed on all telecommunications providers.
(d)
(1)
A rural telephone company, excluding tier one companies, which elects to be regulated pursuant to this section may terminate that election by filing a notice with the commission.
(2)
Upon terminating that election, the rural telephone company for a period of five (5) years from the date of the termination notice under this subsection may not elect thereafter to be regulated under this section.
Acts 1997, No. 77, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-408 - Regulatory framework for electing companies

(a)
The earnings of an electing company shall not be subject to rate of return or rate-base monitoring or regulation, and the Arkansas Public Service Commission shall not consider rate of return, rate base, or the earnings of an electing company in connection with rate changes made pursuant to this section or §
23-17-407
.
(b)
An electing company is authorized to determine and account for its investments, revenues, and expenses, including depreciation expenses, pursuant to generally accepted accounting principles.
(c)
(1)
An electing company may increase or decrease its rates for telecommunications services other than basic local exchange service and switched-access services and establish rates for new services by filing a tariff or a price list with the commission.
(2)
The rates shall not require commission approval.
(3)
The tariff or price list shall be effective upon filing or at a future time as the electing company shall designate.
(4)
So long as rates for services are in accordance with this section and §
23-17-407
, the rates are deemed just and reasonable.
(5)
Any service that is not a telecommunications service is not subject to commission regulation, and rates for the services need not be filed with the commission.
(d)
An electing company may package any of its services with any other service it or its affiliates offer, with or without a discount, provided that services whose rates are capped under §
23-17-407
may be purchased separately at the rate which is capped in accordance with §
23-17-407
.
Acts 1997, No. 77, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-410 - Competing local exchange carriers in service areas of rural telephone companies

(a)
A rural telephone company shall not have any duty to negotiate terms and conditions of or to enter into any agreement for the provision to any other telecommunications provider of interconnection with the rural telephone company's network as provided by
47 U.S.C. §§ 251(c)
and
252
, including access to its network elements on an unbundled basis, resale of any telecommunications service that the rural telephone company provides at retail to subscribers, or physical collocation, unless and until a telecommunications provider has made a bona fide request to the rural telephone company for the services and the Arkansas Public Service Commission has determined, in accordance with the federal act, that the rural telephone company must fulfill the request.
(b)
With regard to a rural telephone company that is not also a tier one company, the commission may only determine that the rural telephone company must fulfill such a request if after reasonable notice and hearing it is established by clear and convincing evidence that:
(1)
The request is not unduly economically burdensome;
(2)
The request is technically feasible; and
(3)
The request is consistent with the protection of universal service and the public interest, convenience, and necessity.
(c)
The commission shall not conclude that clear and convincing evidence exists, as required in subsection (b) of this section, unless the commission has, among other relevant matters, concluded that granting the requested relief will not result in significant adverse impact on any of the following:
(1)
The customers of the incumbent local exchange carrier serving the area;
(2)
The incumbent local exchange carrier's continuing ability to provide its customers adequate service at reasonable rates;
(3)
The incumbent local exchange carrier's ability to continue to meet eligible carrier obligations;
(4)
Statewide average toll rates;
(5)
Customers' cost of telephone service;
(6)
The goals of universal service;
(7)
The quality of service provided to customers;
(8)
The incumbent local exchange carrier's ability to attract capital and incur debt at reasonable rates and the ability to sustain a sufficient revenue stream to pay existing debt;
(9)
The ability of the exchange to support more than one (1) local exchange carrier; and
(10)
The interest of all ratepayers.
(d)
If no order granting the request is entered by the commission within one hundred twenty (120) days after notice of the request has been filed, the request is denied.
Acts 1997, No. 77, § 10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-413 - Optional provision of database to vendors

In order to assign the place of primary use for mobile telecommunications services pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, the Secretary of the Department of Finance and Administration may choose whether to furnish vendors with a database that matches addresses with taxing jurisdictions or to allow vendors to employ an enhanced zip code of at least nine (9) digits in lieu of providing a database.
Amended by Act 2019, No. 910,§ 3512, eff. 7/1/2019.
Acts 2001, No. 907, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-414 - Extended area service

(a)
The Arkansas Public Service Commission shall promulgate rules that enable customers in a local exchange service area to petition the commission directly or by a resolution of the customers' quorum court or other local governing body to request that an incumbent local exchange carrier provide extended area service.
(b)
(1)
The rules relating to the provision of extended area service shall include:
(A)
The procedure by which customers may petition the commission for an election on the provision of extended area service;
(B)
A description of the information required for the commission to verify that the rate to be charged for providing extended area service will be just and reasonable and to verify that the rate includes an incumbent local exchange carrier's revenue that is replaced by extended area service revenue;
(C)
Notice requirements to customers regarding the rate, terms, and conditions under which extended area service would be provided as a result of a scheduled election under subsection (a) of this section; and
(D)
The procedure for conducting an election under subsection (a) of this section and for determining whether extended area service will be provided as a result of the election.
(2)
After the initial election and adoption of extended area service, no subsequent change in the rate charged for the provision of extended area service shall be effective unless adopted under the commission's rules promulgated to implement this section.
(c)
If the affected customers vote in favor of instituting or renewing extended area service under this section, the carrier shall implement extended area service at a rate that is consistent with subdivision (b)(1)(B) of this section.
Acts 2003, No. 1764, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-415 - Reporting of originating intrastate interexchange telephone numbers

(a)
Where technically feasible, any telecommunications provider whose customer originates or forwards an intrastate interexchange message to be terminated over the public switched telecommunications network in Arkansas shall transmit the jurisdictionally appropriate telephone number of the originating party sending the message to the terminating telecommunications provider.
(b)
(1)
The Arkansas Public Service Commission shall investigate complaints alleging violations of this section filed under §
23-3-119
and may obtain sufficient information to determine the correct jurisdiction of any message associated with alleged violations of this section.
(2)
If the commission determines that the jurisdictionally appropriate telephone number has not been transmitted as required by this section, the telecommunications provider against whom the complaint was filed shall demonstrate that it had a legitimate business purpose for not transmitting the jurisdictionally appropriate telephone number or that it was technically infeasible for the provider to transmit the number.
(c)
(1)
If the commission determines that a telecommunications provider has violated this section, the commission shall determine the amount of underpayment to any telecommunications provider as a result of the violation and shall order the violating telecommunications provider to make payment under the applicable tariff or interconnection agreement, including any penalties specified therein.
(2)
If no penalties are specified under either the applicable tariffs or interconnection agreements, the commission shall assess a civil sanction against the violating telecommunications provider consistent with state law.
Acts 2003, No. 1766, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-417 - Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board

(a)
The Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board is not a government entity under Arkansas law and shall not be considered a government entity for any purpose.
(b)
The Arkansas Public Service Commission shall adopt all rules relating to the operation of the board that are reasonably necessary to implement this section.
(c)
The board shall serve in an advisory capacity and may:
(1)
Propose tariffs and rules to the commission;
(2)
Propose amendments to its procedures for the operation, administration, and audit of the AICCLP;
(3)
Advise the commission on other matters reasonably related to the operation of the AICCLP and the board;
(4)
Meet by teleconference or by other technological means; and
(5)
Provide recommendations and reports to the commission.
(d)
The board shall be composed of two (2) representatives of underlying carriers and five (5) representatives of ILECs who are members of the AICCLP as follows:
(1)
The two (2) underlying carriers' representatives shall be the first two (2) willing representatives of the largest underlying carriers, as determined by the AICCLP administrator, based upon the carriers' portion of the Arkansas intrastate telecommunications service revenues and special intrastate ILEC revenues;
(2)
(A)
The commission shall determine the appropriate underlying carrier and ILEC member representatives on or before June 1 of each year.
(B)
The commission shall approve any ILEC representative if the proposed representative's name is submitted by a two-thirds (2/3) majority of all ILEC members of the AICCLP for any open ILEC position on the board; and
(3)
(A)
The five (5) ILEC representatives of AICCLP members shall be willing representatives of ILECs who are members of the AICCLP.
(B)
(i)
The five (5) ILEC representatives will serve staggered five-year terms with the terms to be determined by lot at the first meeting of the board.
(ii)
A representative may serve unlimited terms.
(C)
No ILEC or underlying carrier may be represented by more than one (1) board member.
(e)
The board shall begin operations as of the date the commission appoints the first administrator.
Acts 2003, No. 1788, § 9.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-418 - Arkansas High Cost Fund - Programs - Assessments - Funding

(a)
The Arkansas High Cost Fund administrator shall:
(1)
On March 19, 2013, begin making assessments to ensure proper funding to program participants; and
(2)
Ninety (90) days after March 19, 2013, begin making distributions to eligible participants.
(b)
(1)
On the first day of the calendar quarter after March 19, 2013, the administrator shall use previous calculations of the annual determination and recalculate the support for all participants in the fund based on the revised cap.
(2)
The difference between the recalculation and the current administrator's determination shall be known as the "transitional funding cap".
(3)
The transitional funding cap shall be transitioned from being unfunded to funded.
(4)
If the effective date of payment of any part of the transitional funding cap occurs on a date that is not the beginning of a calendar year, the partial calendar year shall be prorated for the purpose of payment of the transitional funding cap for the remainder of the calendar year.
(c)
Annually beginning January 1, 2014, the administrator shall determine the fund support during the annual determination process as described in §
23-17-404(e)(4)(C)(ii)
(a)
and pay the fund's eligible telecommunications carrier participants.
Added by Act 2013, No. 442,§ 28, eff. 3/19/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-502 - Title

This subchapter shall be known and may be cited as the "Small Wireless Facility Deployment Act".
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-504 - Exclusive arrangements

An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-505 - Use of rights-of-way by wireless provider

(a)
Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.
(b)
Small wireless facilities and associated poles shall be installed and maintained as to not obstruct or hinder the usual travel or public safety of the right-of-way or the usage of the right-of-way by utilities.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-506 - Requirements - Height limits - Standards

(a)
Each new or modified pole installed in the right-of-way for the purpose of the collocation of small wireless facilities shall not exceed the greater of:
(1)
Fifty feet (50') in height above ground level; or
(2)
Ten percent (10%) taller than the tallest existing pole in place in the same right-of-way as of September 1, 2019, within three hundred feet (300') of the new or modified pole.
(b)
A new small wireless facility in the right-of-way shall not extend more than ten percent (10%) above the existing structure on which it is located or fifty feet (50') above ground level, whichever is greater.
(c)
A wireless provider shall have the right to collocate a wireless facility and install, maintain, modify, and replace a pole that exceeds the height limits required under subsection (a) of this section along, across, upon, and under the right-of-way, subject to this section and any applicable zoning regulations.
(d)
A wireless provider shall not install a small wireless facility or pole in a historic district without complying with the requirements of general application for structures within the historic district.
(e)
A wireless provider may replace decorative poles when necessary to deploy a small wireless facility so long as the replacement reasonably conforms to the design of the original decorative pole.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-511 - Fees and rates

(a)
This section shall govern an authority's rates and fees for use of authority poles and the placement of a small wireless facility or associated poles.
(b)
An authority shall not require a wireless provider to pay any rates, fees, or compensation to the authority or other person other than what is expressly authorized by this subchapter for the right to use or occupy a right-of-way, for collocation of small wireless facilities on or in structures in the right-of-way, or for the installation, maintenance, modification, and replacement of associated poles in the right-of-way.
(c)
Application fees for a permit shall be nondiscriminatory and shall not collectively exceed the following:
(1)
One hundred dollars ($100) for each small wireless facility; or
(2)
Two hundred fifty dollars ($250) for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the right-of-way.
(d)
(1)
Except as described in §
23-17-510(e)
, a wireless provider shall pay an authority compensation for use of the right-of-way, an annual rate of up to thirty dollars ($30.00) per small wireless facility.
(2)
A wireless provider shall pay an authority compensation for collocation of small wireless facilities on authority poles an annual rate of up to two hundred forty dollars ($240) for each authority pole.
(e)
A wireless provider is not required to pay an authority compensation for micro-wireless facilities that are suspended on cables strung between existing utility poles in the right-of-way as long as the wireless provider compensates the authority through other licenses or franchises held directly or through one (1) of the wireless provider's affiliates for the placement of the suspension cables in the right-of-way.
(f)
The rates under this section, together with a onetime application fee, shall be the total compensation that the wireless provider is required to pay the authority for the deployment of small wireless facilities in the right-of-way and any associated poles.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-512 - Local authority

(a)
(1)
Subject to this subchapter and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries with respect to wireless support structures, including the enforcement of applicable codes.
(2)
An authority shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the authority, other than to require compliance with applicable codes.
(b)
This subchapter does not authorize the state or any political subdivision, including an authority, to require small wireless facility deployment or to regulate wireless service.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-513 - Arkansas Public Service Commission - Jurisdiction over pole attachments

(a)
This subchapter does not limit, abrogate, or supersede the jurisdiction of the Arkansas Public Service Commission, or any rule or order of the commission concerning pole attachments under §
23-4-1001
et seq., or any agreement of a public utility pole owner and attacher related to the rates, terms, and conditions for a pole attachment.
(b)
This subchapter does not authorize:
(1)
Any attachment or installation to or on an electric-cooperative-owned pole;
(2)
Any attachment or installation within a nonpublic right-of-way acquired by an electric cooperative; or
(3)
Use of an electric-cooperative-owned line, duct, conduit, similar structure, or equipment of any type.
(c)
This subchapter does not authorize:
(1)
Any attachment or installation to or on an investor-owned electric-utility-owned pole;
(2)
Any attachment or installation within a nonpublic right-of-way acquired by an investor-owned electric public utility; or
(3)
Use of an investor-owned electric-public-utility-owned line, duct, conduit, similar structure, or equipment of any type.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-514 - Implementation

(a)
(1)
An authority may adopt an ordinance that makes available to wireless providers rates, fees, and other terms that comply with this subchapter.
(2)
Subject to the other provisions of this section, in the absence of an ordinance or agreement that substantially implements this subchapter and until such an ordinance is adopted or agreement is reached, if at all, a wireless provider may collocate small wireless facilities and install associated poles under the requirements of this subchapter.
(3)
An authority shall not require a wireless provider to enter into an agreement to implement this subchapter, but such agreements are permissible if voluntary and nondiscriminatory.
(b)
Ordinances and agreements implementing this subchapter are public or private arrangements and are matters of legitimate and significant statewide concern.
(c)
(1)
A provision of an agreement or ordinance with an effective date before September 1, 2019, that does not fully comply with this subchapter shall apply only to small wireless facilities and associated poles that were operational before September 1, 2019, and shall be deemed invalid and unenforceable beginning on the one hundred eighty-first day after September 1, 2019.
(2)
To the extent an agreement or ordinance, or part thereof, is invalid under subdivision (c)(1) of this section, small wireless facilities and associated poles that became operational before September 1, 2019, under the agreement or ordinance, may remain installed and be operated under the requirements of this subchapter.
(d)
(1)
An agreement or ordinance with an effective date of September 1, 2019, or later that applies to small wireless facilities and associated poles is invalid and unenforceable unless it fully complies with this subchapter.
(2)
In the absence of an ordinance or agreement that complies with this subchapter, a wireless provider may install and operate small wireless facilities and associated poles in the right-of-way under the requirements of this subchapter.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-515 - Dispute resolution

(a)
A court of competent jurisdiction shall have jurisdiction to determine disputes arising under this subchapter.
(b)
Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles in the right-of-way, the authority owning or controlling the structure shall allow the collocating person to collocate at annual rates of no more than:
(1)
Thirty dollars ($30.00) per small wireless facility for use of the right-of-way; and
(2)
An annual rate of up to two hundred forty dollars ($240) for each authority pole used for the collocation of small wireless facilities, with rates to be trued up upon final resolution of the dispute.
(c)
Any disputes, wherever filed, shall be pursued according to accelerated docket or complaint procedures, if available.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-517 - Overlapping jurisdiction of management of right-of-way

(a)
In an area where more than one (1) authority may assert jurisdiction over a right-of-way, only the authority controlling the smallest geographic territory shall be authorized to adopt standards under §
23-17-508
, issue permits under §
23-17-510
, or require the payment of fees under §
23-17-511
.
(b)
This section does not restrict the authority of the Arkansas Department of Transportation over the location of a facility in a right-of-way controlled by the department.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-101 - Areas of service

(a)
Notwithstanding any provisions of law or the terms of any certificate of convenience and necessity, franchise, permit, license, or other authority granted to a public utility or electric cooperative corporation by the state or a municipality, no public utility or electric cooperative corporation shall furnish or offer to furnish electric service at retail and not for resale in any area allocated by the Arkansas Public Service Commission to another electric cooperative corporation or public utility.
(b)
No later than ninety (90) days after February 21, 2003, the commission shall commence a rulemaking proceeding to identify and to repeal or amend all rules adopted by the commission to facilitate, or in anticipation of, retail electric competition that are inconsistent with, have been rendered unnecessary by, or have been superseded by this act.
Amended by Act 2019, No. 315,§ 2470, eff. 7/24/2019.
Acts 1935, No. 324, § 41; Pope's Dig., § 2104; Acts 1957, No. 103, § 3; 1967, No. 234, § 5; A.S.A. 1947, § 73-240; 2003, No. 204, § 10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-102 - Agreements between rural cooperatives and other electric suppliers permitted

Nothing in this section or §§
23-3-201
,
23-18-101
,
23-18-301
,
23-18-308
, or
23-18-331
shall be construed to prohibit or prevent a rural electric cooperative corporation and another supplier of electric service from entering into and carrying out a voluntary agreement for the exchange of facilities.
Acts 1957, No. 103, § 4; A.S.A. 1947, § 73-240.1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-103 - Purchase of electricity from affiliated company - Definitions

(a)
As used in this section:
(1)
"Affiliated company" means any business entity which is owned wholly or partly by an electric utility or which wholly or partly owns an electric utility, or any business entity which is owned by another business entity which wholly or partly owns an electric utility; and
(2)
"Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission.
(b)
Without the prior approval of the commission, no electric utility shall enter into any agreement for the purchase of electricity from an affiliated company.
(c)
Any agreement entered into in violation of this section shall be void.
(d)
The commission shall promulgate such rules as are necessary to implement this section.
(e)
This section shall apply to agreements entered into on or after June 28, 1985.
Amended by Act 2019, No. 315,§ 2471, eff. 7/24/2019.
Acts 1985, No. 173, §§ 1-5; A.S.A. 1947, §§ 73-278 -- 73-278.4; Acts 1999, No. 1556, § 7; 2001, No. 324, §§ 3, 4; 2003, No. 204, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-104 - Construction of power-generating facilities outside the state

(a)
No public utility subject to the jurisdiction of the Arkansas Public Service Commission shall commence construction of any power-generating facility to be located outside the boundaries of this state without the express written approval of the commission.
(b)
Any public utility proposing such construction shall render adequate written notice to the commission of its intent in order that the commission may conduct any germane inspection, investigation, public hearing, or take any other action deemed appropriate by the commission.
(c)
Failure on the part of any public utility to obtain prior approval of the commission, as established in this section, shall constitute grounds for disallowance by the commission of all costs and expenses associated with the construction and subsequent operation of the facility when computing the utility's cost of service for purposes of any rate-making proceedings.
(d)
Any electric utility which does not own in whole or in part another electric utility and which is not owned in whole or in part by a holding company and which derives less than twenty-five percent (25%) of its total revenues from Arkansas customers is exempt from the provisions of this section.
Acts 1985, No. 328, §§ 1-4; 1985, No. 918, §§ 1-4; A.S.A. 1947, §§ 73-279 -- 73-279.3; Acts 1999, No. 1556, § 8; 2001, No. 324, §§ 5, 6; 2003, No. 204, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-105 - Use of Arkansas-mined coal

(a)
To the extent that it is technically, economically, and environmentally feasible, all electric utilities in Arkansas providing electric power for sale to consumers in Arkansas and generating electric power from coal-fired plants located in Arkansas shall burn a mixture of coal that contains a minimum of:
(1)
Three percent (3%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1988, until December 31, 1988;
(2)
Six percent (6%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1989, until December 31, 1989; and
(3)
Ten percent (10%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis each calendar year after January 1, 1990.
(b)
(1)
(A)
No electric utility shall be required to comply with this section if to do so would result in increasing the cost of electricity to its consumers over the cost incurred to serve them under existing or alternative coal purchase arrangements.
(B)
Types of increased costs to be considered in addition to the cost of the coal include, but are not limited to:
(i)
Plant modifications;
(ii)
Additional coal-handling facilities;
(iii)
Additional environmental cost necessary to burn Arkansas coal; or
(iv)
Any other costs or penalties which may be incurred as a result of burning Arkansas coal.
(2)
No public utility shall be required to comply with this section if to do so would result in the utility exceeding any of its state or federal air quality emission standards or any other conditions of its environmental permits.
(3)
No public utility shall be required to comply with the provisions of this section if to do so would result in the utility being unable to fulfill any existing contractual commitments for the purchase of coal or result in the purchase of a quantity of Arkansas coal above the amount the utility can utilize.
(c)
It shall be the responsibility of the Arkansas Public Service Commission to enforce compliance with the requirements of this section.
Acts 1987, No. 553, §§ 1-3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-107 - Ratemaking policies for cost of acquisition or construction of incremental resources

(a)
The Arkansas Public Service Commission may adopt ratemaking policies appropriate to allow utilities to recover from their customers the reasonable and prudent costs and a reasonable return associated with the acquisition or construction by electric utilities of incremental resources.
(b)
Nothing in this section shall be deemed to supersede the provisions of §
23-4-103
.
Acts 2003, No. 204, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-108 - Eminent domain for transmission lines - Market value - Definition

(a)
As used in this section, "electric utility" means an electric utility that:
(1)
Is not a municipally owned utility system;
(2)
Is under the jurisdiction of the Arkansas Public Service Commission;
(3)
Primarily transmits electricity and does not generate or distribute electricity; and
(4)
Has not been directed or designated to construct an electric transmission facility by a regional transmission organization.
(b)
If an electric utility acquires land from a private property owner through eminent domain for purposes of a transmission line, then the electric utility shall compensate the private property owner at three (3) times the market value of the property taken by eminent domain.
Added by Act 2015, No. 1002,§ 3, eff. 4/2/2015.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-18-101 — 23-18-110) › Section 23-18-110 - Planned power outages and other emergency measures to reduce energy consumption - Notice requirements - Definitions

(a)
As used in this section:
(1)
(A)
"Directly notify" means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator.
(B)
"Directly notify" does not include the use of social media;
(2)
"Electric utility" means a utility that furnishes electricity to retail customers for compensation:
(A)
Through a municipally owned utility system; or
(B)
As a public utility under the jurisdiction of the Arkansas Public Service Commission; and
(3)
"Local government" means:
(A)
A county;
(B)
A city of the first class or city of the second class; or
(C)
An incorporated town.
(b)
(1)
A local government may notify an electric utility to identify the location of any emergency warming centers or emergency cooling centers established to protect the elderly and individuals with disabilities during emergency weather events.
(2)
A local government that identifies any warming center or cooling center under subdivision (b)(1) of this section shall provide sufficient details concerning the number, location, and designated contact person for coordination of information regarding service to any emergency warming center or emergency cooling center.
(c)
An electric utility that has received notice from a local government as described in subdivision (b)(1) of this section shall:
(1)
Include the locations of any emergency warming centers or emergency cooling centers as part of the electric utility's overall planning process to implement a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator; and
(2)
To the extent technically feasible, use the public utility's best efforts to:
(A)
Directly notify any persons identified as the appropriate points of contact by the local government as soon as reasonably possible when a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator will be implemented; and
(B)
Give priority to:
(i)
Avoid interrupting electric service; and
(ii)
Restoring electric service to any emergency warming centers or emergency cooling centers identified by the local government.
Added by Act 2021, No. 877,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 2 - ELECTRIC COOPERATIVES GENERALLY (§§ 23-18-201 — 23-18-203) › Section 23-18-201 - Jurisdiction of commission generally

Electric cooperative corporations generating, manufacturing, purchasing, acquiring, transmitting, distributing, selling, furnishing, and disposing of electric power and energy in this state pursuant to the Electric Cooperative Corporation Act, §
23-18-301
et seq., shall be subject to the general jurisdiction of the Arkansas Public Service Commission in the same manner and to the same extent as provided by law for the regulation, supervision, or control of public utilities except as provided in this subchapter.
Acts 1967, No. 234, § 1; A.S.A. 1947, § 73-202.1.