Browse Arkansas Code titles and sections
23-17-102. Railroads may operate telegraphs and telephones — Authority.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-17-102
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0dbd478c53646a269c7388f824fb42424333f78c9dcfbd69b91bc4ff658c523c
Source location: content.xml paragraph 11528
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-101. Right to construct, operate, and maintain lines — Damages for occupation of property.
(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 transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence:
(A) Along and over the public highways and streets of the cities and towns of this state;
(B) Across and under the waters and over any lands or public works belonging to this state;
(C) On and over the lands of private individuals;
(D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and
(E) On and over the bridges, trestles, or structures of the railroads.
(2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.
(b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.
(c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 prescribed by law for taking private property for right-of-way for railroads, as provided by § 18-15-1201 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 to it by, or to be transmitted to, any individual, corporation, or other telegraph or telephone companies at the price customarily asked and obtained for the transmission of similar messages, dispatches, or correspondence without discrimination as to charges or promptness. The penalty prescribed in this section shall be recoverable in any court through proper form of law, one-half (½) of which shall go to the prosecutor and one-half (½) to the state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-113. Telephone service to be supplied without discrimination — Complaint to commission.
(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 comply or offer to comply with the reasonable rules of the company.
(2) No telephone company shall impose any condition or restriction upon any applicant that is not imposed impartially upon all persons or companies in similar situations. Nor shall the company discriminate against any individual or company engaged in lawful business by requiring as a condition for furnishing the facilities that they shall not be used in the business of the applicant or otherwise.
(b) Upon failure of any telephone company to comply with the written demand for telephone connection and facilities, the applicant may file a complaint with the Arkansas Public Service Commission under the provisions of § 23-3-119. The commission may make such temporary and final orders relative to the furnishing of such connection and facilities as the facts may justify.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-113. This identifies an authority to review, not proof of applicability.