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§ 23-4-1001. Definitions

As used in this subchapter: (1) (A) “Pole attachment” means the attachment of wires and related equipment to a pole, duct, or conduit owned or controlled by a public utility for the provision of: (i) Electric service; (ii) Telecommunication service; (iii) Cable television service; (iv) Internet access service; or (v) Other related information services.(B) “Pole […]

§ 23-4-1003. Regulation by commission of rates, terms, and conditions

(a) The Arkansas Public Service Commission shall regulate the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment. (b) (1) The commission shall develop rules necessary for the effective regulation of the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment. […]

§ 23-4-1004. Authority of commission to hear complaints

(a) The Arkansas Public Service Commission may hear and determine all complaints arising from: (1) A public utility’s failure or refusal to provide access for a pole attachment; (2) The inability of a public utility and an entity seeking access for a pole attachment to reach a voluntarily negotiated, written agreement governing access for the […]

§ 23-4-1005. Certification

Upon the adoption of rules under § 23-4-1003, the Arkansas Public Service Commission shall certify to the Federal Communications Commission that: (1) The Arkansas Public Service Commission regulates the rates, terms, and conditions of access for pole attachments; (2) In regulating the rates, terms, and conditions of access for pole attachments, the state considers the […]

§ 23-4-1006. Applicability

Nothing in this subchapter shall affect the authority and jurisdiction of the Federal Communications Commission over the rates, terms, and conditions of a pole attachment until after the final certification of the Arkansas Public Service Commission under § 23-4-1005.