Title 23 — Public Utilities and Regulated Industries

(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 num…

(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) Exce…

(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…

(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. (1) On March 19, 2013, begin ma…

(a) The General Assembly finds that:(1) The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest;(2) Wireless and broadband products and services are a significant and…

This subchapter shall be known and may be cited as the “Small Wireless Facility Deployment Act”.

(1) As used in this subchapter:(1) “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with another party;(2) “Antenna” means communications equipment that transmits or receives an electromagnetic radio frequency signal i…

An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation.

(a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or man…

(a) Each new or modified pole installed in the right-of-way for the purpose of the collocation of small wireless facilities shall not exceed the greater of:(1) Fifty feet (50′) in height above ground level; or(2) Ten percent (10%) taller than the tallest existing pole in place in…

(a) (1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reason…

(a) An authority that has adopted an ordinance under § 14-17-209 or § 14-56-416 may adopt and enforce standards that govern the aesthetic appearance of small wireless facilities and associated poles to ensure coordinated, adjusted, and harmonious development, as provided in this …

(a) This section applies to activities of a wireless provider collocating small wireless facilities on authority poles in the authority's right-of-way or in a right-of-way controlled by the Arkansas Department of Transportation located within an authority. (b) (1) A person owning…

(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 righ…

(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 pers…

(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.(…

(a) This subchapter does not limit, abrogate, or supersede the jurisdiction of the Arkansas Public Service Commission, or any rule or order of the commission concerning pole attachments under § 23-4-1001 et seq., or any agreement of a public utility pole owner and attacher relate…

(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…

(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 con…

(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 harmle…

(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…

This subchapter shall be known and may be cited as the “Regulation of Electric Demand Response Act”.

(1) As used in this subchapter:(1) (A) “Aggregator of retail customers” means a person that aggregates demand response from retail customers for the purpose of marketing, selling, or marketing and selling the aggregated demand response:(i) To an electric public utility; or(ii) In…

(a) The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into whol…

The marketing, selling, or marketing and selling of demand response into wholesale electricity markets by an aggregator of retail customers or by a retail customer is prohibited unless the Arkansas Public Service Commission or the governing authority of a municipally owned electr…

This subchapter does not prevent a nonresidential customer from opting out in accordance with § 23-3-405 of energy conservation programs and measures as defined in § 23-3-403.

(a) Notwithstanding any provisions of law or the terms of any certificate of convenience and necessity, franchise, permit, license, or other authority granted to a public utility or electric cooperative corporation by the state or a municipality, no public utility or electric coo…

Nothing in this section or §§ 23-3-201, 23-18-101, 23-18-301, 23-18-308, or 23-18-331 shall be construed to prohibit or prevent a rural electric cooperative corporation and another supplier of electric service from entering into and carrying out a voluntary agreement for the exch…

(a) As used in this section:(1) “Affiliated company” means any business entity which is owned wholly or partly by an electric utility or which wholly or partly owns an electric utility, or any business entity which is owned by another business entity which wholly or partly owns a…

(a) Except as provided under subsection (c) of this section, an electric public utility subject to the jurisdiction of the Arkansas Public Service Commission shall not commence construction of any electric generating facility that is a major utility facility to be located outside…

(a) To the extent that it is technically, economically, and environmentally feasible, all electric utilities in Arkansas providing electric power for sale to consumers in Arkansas and generating electric power from coal-fired plants located in Arkansas shall burn a mixture of coa…

(a) The Arkansas Public Service Commission shall have the authority to adopt rules under which electric utilities shall seek commission review and approval of the processes, actions, and plans by which the utilities:(1) Engage in comprehensive resource planning;(2) Acquire electr…

(a) The Arkansas Public Service Commission may adopt ratemaking policies appropriate to allow utilities to recover from their customers the reasonable and prudent costs and a reasonable return associated with the acquisition or construction by electric utilities of incremental re…

(a) As used in this section, “electric utility” means an electric utility that:(1) Is not a municipally owned utility system;(2) Is under the jurisdiction of the Arkansas Public Service Commission;(3) Primarily transmits electricity and does not generate or distribute electricity…

(a) As used in this section:(1) “Power purchase agreement” means an agreement between a generator of electricity and a utility for the sale of electricity, generation capacity, or ancillary products to the utility; and(2) “Utility” means an electric utility subject to the jurisdi…

(a) As used in this section:(1) (A) “Directly notify” means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in r…

This subchapter shall be known and may be cited as the “Arkansas Affordable Energy Act”.

(a) The General Assembly finds that it is in the public interest to:(1) Promote and encourage the use of existing electric generating units to the maximum extent practicable by seeking to ensure that each existing electric generating unit remains operational for the full useful l…

(1) As used in this subchapter:(1) “Electric utility” means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission and that is engaged in the business of supplying electricity to an end user in the State of Arkansas; and(2) “Existing electric ge…

(a) Starting in 2024 and continuing one (1) time every three (3) years, the Arkansas Public Service Commission shall produce a report discussing the remaining useful lives of existing electric generating units based on data and information previously provided in the integrated re…

(a) (1) A public utility shall file an application with the Arkansas Public Service Commission seeking approval of a settlement agreement proposed between the United States Government, an agency of the United States, or any other third party if the purpose of all or part of the s…

This subchapter shall be known and may be cited as the “Rural Broadband I.D. Expenses Trust Fund Grant Program”.

(a) The General Assembly finds that:(1) Generally, local entities do not budget for or have funds available for broadband due-diligence business studies in connection with making application for federal grants or loans for broadband development programs;(2) In order to spur furth…

(a) The Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences shall manage the Rural Broadband I.D. Expenses Trust Fund grant application process for local entities to receive funds under the Rural Broadband I.D. Expenses Trust Fund. (b) T…

(a) The General Assembly shall maintain oversight of the Rural Broadband I.D. Expenses Trust Fund Grant Program under this subchapter by requiring prior approval of the Legislative Council, or of the Joint Budget Committee if the General Assembly is in session, as provided by law…

(a) (1) The Treasurer of State shall invest the moneys available in the Rural Broadband I.D. Expenses Trust Fund.(2) The investment of funds under this section is exempt from § 19-3-318(a)(2)(B)(i)(b) and (c). (1) The Treasurer of State shall invest the moneys available in the Ru…

(1) A local entity that is a Rural Broadband I.D. Expenses Trust Fund grantee under this subchapter shall:(1) Report to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences semiannually about the status of the local entity's broadband…

(a) If an application by a local entity for a federal grant or loan for a broadband development program is made and successfully awarded by the United States Government, then the local entity as grantee shall report and disclose the award received from the United States Governmen…

A local entity that has been awarded a federal grant or loan for a broadband development program shall report the status of the broadband development program to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences within nine (9) mont…

(a) A local entity shall coordinate with the Arkansas Geographic Information Systems Office to provide mapping information to the Arkansas Spatial Data Infrastructure for preparation of legal descriptions and digital mapping for the relevant incorporated or unincorporated areas. …