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Subchapter 1 - General Provisions
§ 23-17-101. Right to construct, operate, and maintain lines — Damages for occupation of property - (a) (1) Any person or corporation organized by virtue of...
§ 23-17-102. Railroads may operate telegraphs and telephones — Authority - Any railroad company incorporated by the laws of or operating...
§ 23-17-103. Condemnation proceedings upon failure to secure right-of-way - In the event that the telegraph or telephone companies upon...
§ 23-17-104. Right of entry for construction — Liability for damages - Wherever any telegraph or telephone company desires to construct its...
§ 23-17-105. Contract for exclusive privileges prohibited - No telegraph or telephone corporation organized by virtue of the...
§ 23-17-106. Priority of dispatch of messages — Confidentiality - (a) (1) In consideration of the right-of-way over the public...
§ 23-17-107. Interception of message — Injuring equipment — Penalty - If any person without authority intercepts a dispatch or message...
§ 23-17-108. Refusal to transmit message — Penalty - Every telegraph and telephone company doing business in this state,...
§ 23-17-110. Telegraph companies — Schedule of rates - In order to ascertain what the regular charges of such...
§ 23-17-112. Damages for mental anguish - (a) All telegraph companies doing business in this state shall...
§ 23-17-113. Telephone service to be supplied without discrimination — Complaint to commission - (a) (1) Every telephone company doing business in this state...
§ 23-17-116. Fee for initiation of residential telephone service to be payable in installments - (a) The fee or charge imposed by any telephone company...
§ 23-17-119. Surcharges to provide telecommunications for deaf and hearing impaired — Definitions - (a) As used in this section: (1) “Commercial mobile radio...
§ 23-17-120. Establishment of calling plans - (a) (1) The Arkansas Public Service Commission by rule shall...
§ 23-17-121. Agreements for special terminating access rates or plans - (a) Two (2) or more eligible telecommunications carriers may enter...
§ 23-17-122. Annual certification — Definition - (a) As used in this section, “provider” means an entity...
Subchapter 2 - Rural Telecommunications Cooperative Act
§ 23-17-201. Title - This subchapter may be cited as the “Rural Telecommunications Cooperative...
§ 23-17-202. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 23-17-204. Purpose of cooperative - Cooperative nonprofit membership corporations either with or without capital stock...
§ 23-17-205. Powers of cooperative - Any cooperative created under the provisions of this subchapter shall...
§ 23-17-206. Jurisdiction of commission - Cooperatives doing business in this state pursuant to this subchapter...
§ 23-17-207. Incorporators - Any three (3) or more natural persons of the age...
§ 23-17-208. Cooperative names - The words “telecommunications cooperative” or “telephone cooperative” shall not be...
§ 23-17-209. Articles of incorporation — Contents - (a) The articles of incorporation shall state: (1) The name...
§ 23-17-210. Articles of incorporation — Execution, filing, and recording - (a) Duplicate originals of the articles of incorporation shall be...
§ 23-17-211. Articles of incorporation — Amendment - (a) Any cooperative organized under this subchapter, from time to...
§ 23-17-212. Certificate of incorporation - (a) Upon the issuance of a certificate of incorporation by...
§ 23-17-213. Organizational meeting - (a) After the issuance of the certificate of incorporation, an...
§ 23-17-214. Bylaws - (a) (1) The power to make, alter, amend, or repeal...
§ 23-17-215. Qualifications of members - Subject to the provisions of this subchapter, the articles of...
§ 23-17-216. Membership fees and capital credits - (a) When a member of a cooperative has paid the...
§ 23-17-217. Meetings of members - (a) Meetings of members may be held at such place...
§ 23-17-218. Board of directors generally - (a) The business affairs of a cooperative shall be managed...
§ 23-17-219. Board of directors — Elections — Term of office — Vacancies - (a) The directors of a cooperative shall hold office until...
§ 23-17-220. Board of directors — Meetings - (a) Meetings of the board of directors, regular or special,...
§ 23-17-221. Officers, agents, and employees - (a) (1) (A) The board of directors shall elect a...
§ 23-17-222. Executive committee - (a) By its bylaws, any cooperative may provide for an...
§ 23-17-223. Waiver of notice of meeting - (a) Any person entitled to notice of a meeting may...
§ 23-17-224. Consolidation - (a) (1) Any two (2) or more cooperatives may enter...
§ 23-17-225. Dissolution - (a) Any cooperative may dissolve by a two-thirds (2/3) vote...
§ 23-17-226. Filing fees - The Secretary of State shall charge and collect for: (1)...
§ 23-17-228. Nonprofit operation - (a) Each cooperative shall be operated on a nonprofit basis...
§ 23-17-229. Use of revenues - The revenues of the cooperative shall be devoted to: (1)...
§ 23-17-230. Taxation — Exemptions - Cooperatives formed under this subchapter shall continue to be exempt...
§ 23-17-231. Mortgage, pledge, or other disposition of property - (a) The board of directors of a cooperative shall have...
§ 23-17-232. Recordation of mortgages — Effect thereof - (a) Any mortgage, deed of trust, or other instrument executed...
§ 23-17-233. Nonliability of members and shareholders for debts of cooperatives - No member or shareholder shall be liable or responsible for...
§ 23-17-235. Liabilities of connecting companies or cooperatives - No cooperative shall be liable for damage resulting from loss,...
§ 23-17-236. Construction standards - (a) Construction of telecommunications lines and facilities by a telecommunications...
§ 23-17-237. Limitation of actions - No suit shall be brought against any telecommunications company or...
§ 23-17-238. Indemnification of directors, officers, employees, or agents — Insurance - (a) (1) A cooperative shall have power to indemnify any...
§ 23-17-239. Standards of conduct for directors — Actions taken without board meeting — Conflicts of interest — Definition - (a) A director shall discharge his or her duties as...
§ 23-17-240. Unclaimed capital credits and stock - (a) When a cooperative formed under this subchapter declares capital...
§ 23-17-241. Opting out of underground damage coverage - (a) Any cooperative established under this subchapter may opt out...
§ 23-17-242. Cooperative acquiring another cooperative - Any cooperative organized prior to January 1, 1979, under the...
Subchapter 3 - Universal Telephone Service Act
§ 23-17-301. Title - This subchapter shall be known and may be cited as...
§ 23-17-302. Legislative findings and declarations - The General Assembly finds and declares that changes in pricing...
§ 23-17-303. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 23-17-304. Universal Telephone Service Fund created — Contents - (a) There is created the Universal Telephone Service Fund to...
§ 23-17-305. Conditional effective date - The Universal Telephone Service Fund shall be effective on the...
§ 23-17-306. Allocation of fund - (a) The Arkansas Public Service Commission shall allocate the Universal...
§ 23-17-307. Administration of fund - The Arkansas Public Service Commission may collect, administer, and distribute...
Subchapter 4 - Telecommunications Regulatory Reform Act of 2013
§ 23-17-401. Title - This subchapter shall be known and may be cited as...
§ 23-17-402. Legislative findings - It is the intent of the General Assembly in enacting...
§ 23-17-403. Definitions - As used in this subchapter: (1) “Access line” means a...
§ 23-17-404. Preservation and promotion of universal service - (a) (1) The Arkansas High Cost Fund (AHCF) is established...
§ 23-17-405. Eligible telecommunications carrier - (a) The incumbent local exchange carrier, its successors and assigns,...
§ 23-17-406. Electing companies - (a) Any incumbent local exchange carrier may elect to have...
§ 23-17-407. Regulation of rates for basic local exchange service and switched-access service of electing companies — Definition - (a) (1) The rates for basic local exchange service and...
§ 23-17-408. Regulatory framework for electing companies - (a) The earnings of an electing company shall not be...
§ 23-17-409. Authorization of competing local exchange carriers - (a) (1) (A) Consistent with the federal act and the...
§ 23-17-410. Competing local exchange carriers in service areas of rural telephone companies - (a) A rural telephone company shall not have any duty...
§ 23-17-411. Regulatory reform - (a) Regarding the earnings, rates of return, or rate-base calculation...
§ 23-17-412. Optional alternative regulation of eligible telecommunications companies - (a) (1) Telephone companies that file notice with the Arkansas...
§ 23-17-413. Optional provision of database to vendors - In order to assign the place of primary use for...
§ 23-17-414. Extended area service - (a) The Arkansas Public Service Commission shall promulgate rules that...
§ 23-17-415. Reporting of originating intrastate interexchange telephone numbers - (a) Where technically feasible, any telecommunications provider whose customer originates...
§ 23-17-416. Arkansas intrastate carrier common line - (a) (1) (A) Except as provided in § 23-17-404(e)(4)(D)(i)(b) ,...
§ 23-17-417. Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board - (a) The Arkansas Intrastate Carrier Common Line Pool Advisory Procedural...
§ 23-17-418. Arkansas High Cost Fund — Programs — Assessments — Funding - (a) The Arkansas High Cost Fund administrator shall: (1) On...
Subchapter 5 - Small Wireless Facility Deployment Act
§ 23-17-501. Legislative findings and intent - (a) The General Assembly finds that: (1) The deployment of...
§ 23-17-502. Title - This subchapter shall be known and may be cited as...
§ 23-17-503. Definitions - As used in this subchapter: (1) “Affiliate” means an entity...
§ 23-17-504. Exclusive arrangements - An authority shall not enter into an exclusive arrangement with...
§ 23-17-505. Use of rights-of-way by wireless provider - (a) Subject to this subchapter, a wireless provider shall have...
§ 23-17-506. Requirements — Height limits — Standards - (a) Each new or modified pole installed in the right-of-way...
§ 23-17-507. Damage and repair — Replacements — Abandonment — Removal - (a) (1) A wireless provider shall repair all damage to...
§ 23-17-508. Aesthetic standards - (a) An authority that has adopted an ordinance under §...
§ 23-17-509. Collocation on authority poles - (a) This section applies to activities of a wireless provider...
§ 23-17-510. Permits - (a) (1) This section applies to all permits required for...
§ 23-17-511. Fees and rates - (a) This section shall govern an authority's rates and fees...
§ 23-17-512. Local authority - (a) (1) Subject to this subchapter and applicable federal law,...
§ 23-17-513. Arkansas Public Service Commission — Jurisdiction over pole attachments - (a) This subchapter does not limit, abrogate, or supersede the...
§ 23-17-514. Implementation - (a) (1) An authority may adopt an ordinance that makes...
§ 23-17-515. Dispute resolution - (a) A court of competent jurisdiction shall have jurisdiction to...
§ 23-17-516. Indemnification, insurance, and bonding - (a) An authority may adopt reasonable indemnification, insurance, and bonding...
§ 23-17-517. Overlapping jurisdiction of management of right-of-way - (a) In an area where more than one (1) authority...