Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 96 - BROADBAND IMPROVEMENT DISTRICTS (§§ 14-96-201 — 14-96-202) › Subchapter 2 - BROADBAND IMPROVEMENT DISTRICTS GENERALLY (§§ 14-96-201 — 14-96-202) › Section 14-96-202 - Establishment of broadband improvement district - Powers and duties

(a)
Without limiting the powers, privileges, or authority that may be jointly or cooperatively exercised under current law, any party may enter into an agreement with a private actor as provided by this subchapter to establish a broadband improvement district to:
(1)
Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under this subchapter; and
(2)
Finance public capital facilities or projects that include broadband internet service.
(b)
A broadband improvement district:
(1)
(A)
May enter into a negotiated agreement with a private actor in which the private actor will construct, finance, implement, maintain, and operate a broadband system necessary to provide broadband internet service and will provide the broadband internet service.
(B)
Upon entering an agreement under subdivision (b)(1)(A) of this section, the private actor shall be responsible for:
(i)
The construction, financing, implementation, and operation of the broadband system;
(ii)
The maintenance, repair, renewal, relocation, or removal of broadband system infrastructure, materials, equipment, and other facilities installed to facilitate the provision of broadband internet service;
(iii)
Additional installation or construction of new broadband system infrastructure, materials, equipment, and other facilities necessary to ensure the continuance of providing broadband internet service;
(iv)
The maintenance, repair, renewal, relocation, renovation, or removal of any existing public capital facilities or projects that include broadband internet service;
(v)
The additional installation or construction of public capital facilities or projects necessary to ensure the continuance of providing broadband internet service;
(vi)
Providing high-speed and high-capacity broadband internet service;
(vii)
Responding to requests from broadband internet service customers; and
(viii)
Maintaining the quality of the infrastructure and equipment that is provided and owned by the private actor;
(2)
May finance a broadband system necessary to provide broadband internet service through a public-private partnership as provided by this subchapter if a private actor is the entity providing the broadband internet service;
(3)
May engage in negotiations with a private actor before, during, and after construction, financing, and implementation of the broadband system and while broadband internet service is being provided in the area; and
(4)
May receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section.
(c)
A party may receive federal, state, county, or municipal funding through grants, transfers, appropriations, and other legal forms of payment to accomplish the purposes of this section.
(d)
A party in existence on and after January 1, 2021, may conduct any of the activities in this section using the notice and voting procedures that are necessary to create the party under the law applicable to that party.
Added by Act 2021, No. 795,§ 5, eff. 7/28/2021.