§ 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 […]
§ 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 […]
§ 23-17-516. Indemnification, insurance, and bonding
(a) An authority may adopt reasonable indemnification, insurance, and bonding requirements related to the deployment of small wireless facilities and associated poles under this subchapter. (b) (1) An authority may require a wireless provider to defend, indemnify, and hold harmless the authority and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, […]
§ 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 […]
§ 23-17-412. Optional alternative regulation of eligible telecommunications companies
(a) (1) Telephone companies that file notice with the Arkansas Public Service Commission of an election to be regulated in accordance with the provisions of this section are authorized to determine and account for their respective revenues and expenses, including depreciation expenses, pursuant to generally accepted accounting principles and, except as provided in this section, […]
§ 23-17-510. Permits
(a) (1) This section applies to all permits required for the collocation of small wireless facilities and to the permitting of the installation, modification, and replacement of associated poles by a wireless provider that: (A) Is in an authority’s right-of-way; or (B) Is in a right-of-way controlled by the Arkansas Department of Transportation located within […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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, […]