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§ 23-17-102. Railroads may operate telegraphs and telephones — Authority

Any railroad company incorporated by the laws of or operating lines of railroad within this state, upon filing its assent to this section and §§ 23-17-101, 23-17-103 — 23-17-108, and 23-17-113 in the office of the Secretary of State, shall thereby become clothed with the rights, powers, and duties provided for telegraph and telephone companies.

§ 23-17-103. Condemnation proceedings upon failure to secure right-of-way

In the event that the telegraph or telephone companies upon application to such individuals, railroads, or turnpike companies fail to secure a right-of-way by consent, contract, or agreement, then the telegraph or telephone corporation shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner […]

§ 23-17-104. Right of entry for construction — Liability for damages

Wherever any telegraph or telephone company desires to construct its lines on or along the lands of individuals, on the right-of-way and structures of any railroads, or upon and along any turnpike, the telegraph or telephone company by its agents may have the right to peacefully enter upon the lands, structures, or right-of-way and survey, […]

§ 23-17-105. Contract for exclusive privileges prohibited

No telegraph or telephone corporation organized by virtue of the laws of this state or doing business in this state by virtue of the laws of any other state, or of the United States, shall have the power to contract with the owners of lands or the right in lands, or with any person or […]

§ 23-17-106. Priority of dispatch of messages — Confidentiality

(a) (1) In consideration of the right-of-way over the public property conceded in this section and §§ 23-17-101 — 23-17-105, 23-17-107 , 23-17-108, and 23-17-113, every telephone corporation in the case of war, insurrection, or civil commotion of any kind and for the arrest of criminals shall give immediate dispatch at the usual rates of […]

§ 23-17-108. Refusal to transmit message — Penalty

Every telegraph and telephone company doing business in this state, under a penalty of five hundred dollars ($500) for each and every refusal to do so, must transmit over its wires to localities on its lines for any individual, corporation, or other telegraph or telephone company such messages, dispatches, or correspondence as may be tendered […]

§ 23-17-110. Telegraph companies — Schedule of rates

In order to ascertain what the regular charges of such companies are, all telegraph companies doing business in this state are required to keep in all their offices in this state a schedule of the regular rates charged by them, which shall be open to the inspection of any person interested therein.

§ 23-17-112. Damages for mental anguish

(a) All telegraph companies doing business in this state shall be liable in damages for mental anguish or suffering even in the absence of bodily injury or pecuniary loss for negligence in receiving, transmitting, or delivering messages. (b) In all actions under this section, the jury may award such damages as it concludes resulted from […]

§ 23-17-120. Establishment of calling plans

(a) (1) The Arkansas Public Service Commission by rule shall establish calling plans in telephone exchanges in the state. (2) The commission shall determine the size of exchanges that will be eligible for the calling plan. (b) (1) The commission may establish end-user charges for the plan in an amount not to exceed two dollars […]

§ 23-17-121. Agreements for special terminating access rates or plans

(a) Two (2) or more eligible telecommunications carriers may enter into an agreement under this section for special terminating access rates or plans between exchanges of the parties to the agreement. The agreement is conditioned upon the approval of the Arkansas Public Service Commission. (b) The commission may approve the agreement only if the commission […]

§ 23-17-122. Annual certification — Definition

(a) As used in this section, “provider” means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as “VoIP”, service, a commercial radio service, or a similar service. (b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the […]