§ 23-17-401. Title
This subchapter shall be known and may be cited as the “Telecommunications Regulatory Reform Act of 2013”.
§ 23-17-402. Legislative findings
It is the intent of the General Assembly in enacting this subchapter to: (1) Provide for a system of regulation of telecommunications services, consistent with the federal act, that assists in implementing the national policy of opening the telecommunications market to competition on fair and equal terms, modifies outdated regulation, eliminates unnecessary regulation, and preserves […]
§ 23-17-403. Definitions
As used in this subchapter: (1) “Access line” means a communications facility extending from a customer’s premises to a serving central office comprising a subscriber line and, if necessary, a trunk facility; (2) “Access minute”, unless otherwise defined by the Arkansas Public Service Commission, means the measurement of usage to provision communications between: (A) A […]
§ 23-17-404. Preservation and promotion of universal service
(a) (1) The Arkansas High Cost Fund (AHCF) is established by this section in order to promote and assure the availability of universal service at rates that are reasonable and affordable and to provide for reasonably comparable services and rates between rural and urban areas. (2) The AHCF shall provide funding to an eligible telecommunications […]
§ 23-17-405. Eligible telecommunications carrier
(a) The incumbent local exchange carrier, its successors and assigns, that owns, maintains, and provides facilities for universal service within a local exchange area on February 4, 1997, shall be the eligible telecommunications carrier within the local exchange area. (b) The Arkansas Public Service Commission, consistent with 47 U.S.C. § 214(e)(2), after reasonable notice and […]
§ 23-17-406. Electing companies
(a) Any incumbent local exchange carrier may elect to have the rates, terms, and conditions for its telecommunications services determined pursuant to the provisions of this section. (b) An incumbent local exchange carrier shall file a notice of its intent with the Arkansas Public Service Commission to be an electing company and to be regulated […]
§ 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 switched-access services that were in effect in the date twelve (12) months prior to the date of filing of a notice of election by a local exchange carrier pursuant to § 23-17-406 shall be the maximum that the electing local exchange carrier may charge for […]
§ 23-17-408. Regulatory framework for electing companies
(a) The earnings of an electing company shall not be subject to rate of return or rate-base monitoring or regulation, and the Arkansas Public Service Commission shall not consider rate of return, rate base, or the earnings of an electing company in connection with rate changes made pursuant to this section or § 23-17-407. (b) […]
§ 23-17-409. Authorization of competing local exchange carriers
(a) (1) (A) Consistent with the federal act and the provisions of § 23-17-410, the Arkansas Public Service Commission is authorized to grant certificates of convenience and necessity to telecommunications providers authorizing them to provide telecommunications services, including basic local exchange service or switched-access service, or both, to an incumbent local exchange carrier’s local exchange […]
§ 23-17-410. Competing local exchange carriers in service areas of rural telephone companies
(a) A rural telephone company shall not have any duty to negotiate terms and conditions of or to enter into any agreement for the provision to any other telecommunications provider of interconnection with the rural telephone company’s network as provided by 47 U.S.C. §§ 251(c) and 252, including access to its network elements on an […]
§ 23-17-411. Regulatory reform
(a) Regarding the earnings, rates of return, or rate-base calculation of any electing company, any incumbent local exchange carrier that has filed notice in accordance with § 23-17-412, or any competing local exchange carrier, and provided that all such companies and carriers otherwise comply with the applicable ratemaking provisions of this subchapter, the Arkansas Public […]
§ 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, […]
§ 23-17-413. 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 […]
§ 23-17-414. 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 […]
§ 23-17-415. Reporting of originating intrastate interexchange telephone numbers
(a) Where technically feasible, any telecommunications provider whose customer originates or forwards an intrastate interexchange message to be terminated over the public switched telecommunications network in Arkansas shall transmit the jurisdictionally appropriate telephone number of the originating party sending the message to the terminating telecommunications provider. (b) (1) The Arkansas Public Service Commission shall investigate […]
§ 23-17-416. Arkansas intrastate carrier common line
(a) (1) (A) Except as provided in § 23-17-404(e)(4)(D)(i)(b) , through June 30, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per intrastate access minute. (B) Except as provided in § 23-17-404(e)(4)(D)(i)(b) , beginning July 1, 2013, intrastate […]
§ 23-17-417. Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board
(a) The Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board is not a government entity under Arkansas law and shall not be considered a government entity for any purpose. (b) The Arkansas Public Service Commission shall adopt all rules relating to the operation of the board that are reasonably necessary to implement this section. […]
§ 23-17-418. Arkansas High Cost Fund — Programs — Assessments — Funding
(a) The Arkansas High Cost Fund administrator shall: (1) On March 19, 2013, begin making assessments to ensure proper funding to program participants; and (2) Ninety (90) days after March 19, 2013, begin making distributions to eligible participants. (b) (1) On the first day of the calendar quarter after March 19, 2013, the administrator shall […]