23-17-405. Eligible telecommunications carrier.

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 hearing, may designate other telecommunications providers to be eligible for federal Universal Service Fund or AHCF support under the following conditions: (1)(A) The other telecommunications provider accepts the responsibility to provide service in response to any reasonable request from customers in an incumbent local exchange carrier's local exchange area using its own facilities or a combination of its own facilities and resale of another carrier's services. (B) High-cost support under this section will not begin until the telecommunications provider offers to provide service in response to all reasonable requests for service from customers in its service area; (2) The telecommunications provider may only receive funding for services provided in the eligible telecommunications carrier's study area using its own facilities or a combination of its own facilities and another carrier's facilities; (3) The telecommunications provider will not receive AHCF funding at a level higher than the level of funding received by the incumbent local exchange carrier in the same area; (4) The telecommunications provider advertises the availability and the charges for the services, using media of general distribution; and (5) It is determined by the commission that the designation is in the public interest. (c)(1) In exchanges, wire centers, census blocks, or other areas where the commission has designated more than one (1) eligible telecommunications carrier, the commission shall permit a local exchange carrier to relinquish its designation as an eligible telecommunications carrier in any such area, consistent with 47 U.S.C. § 214(e)(4), upon a finding that at least one (1) eligible telecommunications carrier serves the area. (2) In an area in which a local exchange carrier has relinquished its eligible telecommunications carrier designation, the local exchange carrier may: (A) Continue providing services, including universal services; and (B)(i) Discontinue providing services, including universal services. (ii) If a local exchange carrier discontinues providing basic local exchange service under subdivision (c)(2)(B)(i) of this section, the carrier shall notify affected customers in writing at least ninety (90) days before discontinuing the service. (d)(1)(A) For the entire area served by a rural telephone company, excluding tier one companies, for the purpose of the AHCF and the federal Universal Service Fund, there shall be only one (1) wireline eligible telecommunications carrier which shall be the incumbent local exchange carrier that is a rural telephone company. (B) Multiple wireless eligible telecommunications carriers may be designated in areas served by rural telephone companies. (2) The rural telephone company may elect to waive its right to be the only wireline eligible telecommunications carrier within the local exchange area by filing notice with the commission. (e) To provide universal services, an eligible telecommunications carrier may use: (1) Commercial mobile services; (2) Voice over Internet Protocol; and (3) Any other technology that provides service that is the functional equivalent of commercial mobile services or Voice over Internet Protocol.