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 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-202 - Definitions

As used in this subchapter:
(1)
"Access to video service" means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or the service is provided at the address;
(2)
"Books and records" includes without limitation:
(A)
Records kept in the regular course of business and that are not limited to accounting records;
(B)
Billing detail records; and
(C)
Tax billing detail records;
(3)
"Cable service" means the same as defined in
47 U.S.C. § 522
, as it existed on January 1, 2013;
(4)
"Certificate of franchise authority" means a certificate issued by the Secretary of State to a video service provider under this subchapter;
(5)
(A)
(i)
"Franchise" means the same as defined in
47 U.S.C. § 522
, as it existed on January 1, 2013.
(ii)
A certificate of franchise issued under §
23-19-203
shall constitute a franchise for the purpose of
47 U.S.C. § 542
, as it existed on January 1, 2013.
(B)
"Franchise" also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision;
(6)
"Franchising entity" means this state or a city or county in this state authorized by state or federal law to grant a franchise;
(7)
"Governing body" means the city council or the county quorum court of a political subdivision;
(8)
"Incumbent video service provider" means a person that provides cable or video service and holds a franchise issued by a political subdivision before July 1, 2013;
(9)
"Nonincumbent video service provider" means:
(A)
A person authorized under this subchapter to provide video service in an area in which video service is being provided by an incumbent video service provider;
(B)
A person authorized under this subchapter to provide service in a geographical area in which on July 1, 2013, there was no incumbent video service provider providing video service; or
(C)
Any other person that provides video service after March 6, 2013, that is not an incumbent video service provider;
(10)
"Political subdivision" means a city, county, or other governmental entity of the state having maintenance and operation responsibility over the public rights-of-way in a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity;
(11)
"Public rights-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement dedicated for compatible uses;
(12)
"Service area" means contiguous geographical territory in the state where a video service provider may provide video service under a certificate of franchise authority;
(13)
"Service tier" means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider;
(14)
(A)
"Subscriber" means a person in this state that buys video service.
(B)
"Subscriber" does not include a person that buys video service for resale and that, on resale, is required to pay a video service provider fee under this subchapter or under the terms of a franchise with a political subdivision;
(15)
(A)
"Video service" means the delivery of video programming by a video service provider to subscribers in which:
(i)
The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including internet protocol technologies; and
(ii)
The service is provided primarily through equipment or facilities owned, controlled, constructed, or operated by the video service provider and located in whole or in part in, on, under, or over any public right-of-way.
(B)
"Video service" includes cable service and video service delivered by a community antenna television system.
(C)
"Video service" excludes video programming:
(i)
Provided to persons:
(a)
In their capacity as subscribers to commercial mobile service as defined in
47 U.S.C. § 332(d)
, as it existed on January 1, 2013; or
(b)
By means of direct-to-home satellite services as defined in
47 U.S.C. § 303(v)
, as it existed on January 1, 2023, that are transmitted from a satellite directly to a customer's premises without using or accessing any portion of the public right-of-way; or
(ii)
Accessed via a service that enables end users to access content, information, electronic mail, or other services offered over the public internet, including streaming content;
(16)
"Video service provider" means a provider of video service, including without limitation a cable service provider, an incumbent video service provider, and a nonincumbent video service provider; and
(17)
"Video service provider fee" means the amount paid by a video service provider to a political subdivision under §
23-19-206
.
Amended by Act 2023, No. 288,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.