Title 23 — Public Utilities and Regulated Industries

No common carrier authorized to do business in this state, when requiring of an employee that he or she give it a bond or undertaking of any nature whatsoever, shall require the employee to have the bond or undertaking executed by any particular person, company, corporation, asso…

Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state shall be made to cover a definite term.

No common carrier shall reject any bond or undertaking for any reason other than the financial insufficiency of the bond or undertaking.

(a) No such bond or undertaking shall be cancelled without the consent of all parties thereto, except for a breach of one (1) or more of the conditions thereof. (b) (1) Any such employee who has given a bond or undertaking and upon the breach of any of the conditions thereof by t…

(a) As used in this subchapter, unless the context otherwise requires, “common carrier” means any person, firm, or corporation which undertakes, either directly or indirectly, to transport members of the general public as passengers for compensation whether over regular or irregu…

Every common carrier, as defined by § 23-16-301, shall carry uninsured motorist liability insurance or shall become a self-insurer, in not less than the limits described in § 27-19-605, for the protection of passengers and operators of the common carrier who are legally entitled …

(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one (1) year after such an accident…

In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall be entitled to the proceeds of any settlement or judgment, to the extent of the payment, resulting fr…

This subchapter shall be known as and may be cited as the “Safe Transportation of Railroad Employees by Contract Carriers Act”.

(1) As used in this subchapter:(1) “Contract carrier” means a passenger contract carrier that for compensation transports railroad employees with a vehicle designed or used to transport eight (8) persons or less, including the driver; and(2) (A) “On-duty time” means all time at a…

(a) (1) A contract carrier shall maintain a driver qualification file for each driver it employs.(2) The driver qualification file may be combined with the personnel file of the employee. (1) A contract carrier shall maintain a driver qualification file for each driver it employs…

(a) A driver is disqualified from driving for a contract carrier under this subchapter if the driver has committed two (2) or more serious traffic violations under § 27-16-401 within a three-year period. (b) (1) A contract carrier shall not allow or require a driver to drive or r…

(a) (1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009.(2) A driver is qualified to drive for a contract carri…

(a) A contract carrier shall inspect or cause to be inspected a motor vehicle that it operates for passenger transportation. (b) (1) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commerc…

(a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section. (b) A contract carrier's maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, in…

(1) A contract carrier shall allow an employee of the Arkansas Highway Police Division of the Arkansas Department of Transportation or its designee access to:(1) A facility to determine compliance with this subchapter; and(2) Records or information related to an accident investig…

A contract carrier or a third party that contracts on behalf of a railroad shall obtain and maintain an insurance policy of five million dollars ($5,000,000) for each motor vehicle that transports railroad employees.

(a) (1) A person who knowingly violates a provision of this subchapter is liable to the state for a civil penalty not to exceed one thousand dollars ($1,000) for each violation.(2) Each day that a violation continues is a separate offense. (1) A person who knowingly violates a pr…

(a) This subchapter is not intended to limit and shall not be construed as limiting the right of a railroad to contract with a contract carrier that certifies to the railroad that it is in compliance with the provisions of this subchapter or any applicable federal requirements. (…

(a) (1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitti…

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, …

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 t…

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 …

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 pers…

(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 cri…

If any person without authority intercepts a dispatch or message transmitted by telephone or willfully destroys or injures any telephone pole, wire, cable, or fixture, he or she is guilty of a Class A misdemeanor.

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…

A.C.A. § 23-17-109Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

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 …

A.C.A. § 23-17-111Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…

(a) (1) Every telephone company doing business in this state and engaged in a general telephone business shall supply all applicants for telephone connection and facilities without discrimination or partiality, within ten (10) days after written demand therefor, if the applicants…

(a) The fee or charge imposed by any telephone company doing business in this state for the initiation of local telephone service at a residential location, but not including contributions in aid of construction, if any, shall be billed to the residential customer in equal monthl…

(a) As used in this section:(1) “Commercial mobile radio service” means the same as defined at § 12-10-303; and(2) “Prepaid wireless telecommunications service” means a telecommunications service that provides the right to utilize a mobile wireless service as well as other nontel…

(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. (1) The Arkansas Public Service Commission by rule shall e…

(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 C…

(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…

This subchapter may be cited as the “Rural Telecommunications Cooperative Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Acquire” means and includes construct, acquire by purchase, lease, devise, gift, or other modes of acquisition;(2) “Board” means a board of directors of a corporation organized under this subchapter;(3) “C…

A.C.A. § 23-17-203Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

Cooperative nonprofit membership corporations either with or without capital stock may be organized under this subchapter for the purpose of furnishing telecommunications service and other services to the widest practicable number of users of such services.

(1) Any cooperative created under the provisions of this subchapter shall have power to:(1) Sue and be sued in its corporate name;(2) Have perpetual existence unless limited for a shorter term in its articles of incorporation;(3) Adopt and use a corporate seal and to alter it;(4)…

Cooperatives doing business in this state pursuant to this subchapter shall be subject to the general jurisdiction of the Arkansas Public Service Commission. Jurisdiction shall be exercised by the commission in the same manner and to the same extent as provided by law for the reg…

Any three (3) or more natural persons of the age of twenty-one (21) or more who are residents of this state may act as incorporators of a cooperative to be organized under this subchapter by executing articles of incorporation as provided in § 23-17-210.

The words “telecommunications cooperative” or “telephone cooperative” shall not be used in the corporate names of corporations organized under the laws of this state or authorized to do business herein, other than cooperatives organized pursuant to the provisions of this subchapt…

(a) The articles of incorporation shall state:(1) The name of the cooperative. The name shall include the words “Telephone Cooperative” or “Telecommunications Cooperative”, and the abbreviation “Inc.”;(2) The purpose for which the cooperative is formed;(3) The names and addresses…

(a) Duplicate originals of the articles of incorporation shall be signed by the incorporators and acknowledged before an officer authorized by the laws of this state to take acknowledgments to deeds and conveyances. These duplicate originals shall be filed in the office of the Se…

(a) Any cooperative organized under this subchapter, from time to time and as desired, may amend its articles of incorporation in any respect. However, only such provisions shall be inserted by amendment that could be lawfully and properly inserted in original articles of incorpo…

(a) Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the cooperative shall begin. (b) The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions required to be performed …

(a) After the issuance of the certificate of incorporation, an organizational meeting shall be held at the call of a majority of the incorporators for the purpose of adopting bylaws and electing officers and for the transaction of such other business as may properly come before t…