Browse Arkansas Code titles and sections
23-17-410. Competing local exchange carriers in service areas of rural telephone companies.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-410. Competing local exchange carriers in service areas of rural telephone companies.
(a) A rural telephone company shall not have any duty to negotiate terms and conditions of or to enter into any agreement for the provision to any other telecommunications provider of interconnection with the rural telephone company's network as provided by 47 U.S.C. §§ 251(c) and 252, including access to its network elements on an unbundled basis, resale of any telecommunications service that the rural telephone company provides at retail to subscribers, or physical collocation, unless and until a telecommunications provider has made a bona fide request to the rural telephone company for the services and the Arkansas Public Service Commission has determined, in accordance with the federal act, that the rural telephone company must fulfill the request.
(b) With regard to a rural telephone company that is not also a tier one company, the commission may only determine that the rural telephone company must fulfill such a request if after reasonable notice and hearing it is established by clear and convincing evidence that:
(1) The request is not unduly economically burdensome;
(2) The request is technically feasible; and
(3) The request is consistent with the protection of universal service and the public interest, convenience, and necessity.
(c) The commission shall not conclude that clear and convincing evidence exists, as required in subsection (b) of this section, unless the commission has, among other relevant matters, concluded that granting the requested relief will not result in significant adverse impact on any of the following:
(1) The customers of the incumbent local exchange carrier serving the area;
(2) The incumbent local exchange carrier's continuing a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-410
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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Record provenance
Stable record: arkansas_code:legal_authorities:23-17-410
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 73e55a16c7e0b314807b79c7e056ce26aec54d32b212813f6e54e6bac200c20a
Source location: content.xml paragraph 12861
Stored source content
23-17-410. Competing local exchange carriers in service areas of rural telephone companies.
(a) A rural telephone company shall not have any duty to negotiate terms and conditions of or to enter into any agreement for the provision to any other telecommunications provider of interconnection with the rural telephone company's network as provided by 47 U.S.C. §§ 251(c) and 252, including access to its network elements on an unbundled basis, resale of any telecommunications service that the rural telephone company provides at retail to subscribers, or physical collocation, unless and until a telecommunications provider has made a bona fide request to the rural telephone company for the services and the Arkansas Public Service Commission has determined, in accordance with the federal act, that the rural telephone company must fulfill the request.
(b) With regard to a rural telephone company that is not also a tier one company, the commission may only determine that the rural telephone company must fulfill such a request if after reasonable notice and hearing it is established by clear and convincing evidence that:
(1) The request is not unduly economically burdensome;
(2) The request is technically feasible; and
(3) The request is consistent with the protection of universal service and the public interest, convenience, and necessity.
(c) The commission shall not conclude that clear and convincing evidence exists, as required in subsection (b) of this section, unless the commission has, among other relevant matters, concluded that granting the requested relief will not result in significant adverse impact on any of the following:
(1) The customers of the incumbent local exchange carrier serving the area;
(2) The incumbent local exchange carrier's continuing ability to provide its customers adequate service at reasonable rates;
(3) The incumbent local exchange carrier's ability to continue to meet eligible carrier obligations;
(4) Statewide average toll rates;
(5) Customers' cost of telephone service;
(6) The goals of universal service;
(7) The quality of service provided to customers;
(8) The incumbent local exchange carrier's ability to attract capital and incur debt at reasonable rates and the ability to sustain a sufficient revenue stream to pay existing debt;
(9) The ability of the exchange to support more than one (1) local exchange carrier; and
(10) The interest of all ratepayers.
(d) If no order granting the request is entered by the commission within one hundred twenty (120) days after notice of the request has been filed, the request is denied.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General duty of telecommunications carriers** Each telecommunications carrier has the duty—
(1) to interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and
(2) not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 255 or 256 of this title.
**(b) Obligations of all local exchange carriers** Each local exchange carrier has the following duties:
(1) **Resale** — The duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommunications services.
(2) **Number portability** — The duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission.
(3) **Dialing parity** — The duty to provide dialing parity to competing providers of telephone exchange service and telephone toll service, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays.
(4) **Access to rights-of-way** — The duty to afford access to the poles, ducts, conduits, and rights-of-way of such carrier to competing providers of telecommunications services on rates, terms, and conditions that are consistent with [section 224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section224&num=0&edition=prelim).
(5) **Reciprocal compensation** — The duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications.
**(c) Additional obligations of incumbent local exchange carriers** In addition to the duties containe
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 251
Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 93
TITLE 47—TELECOMMUNICATIONS
§ 251
material that is harmful to minors through parental
control protections and self-regulation, such efforts
have not provided a national solution to the problem
of minors accessing harmful material on the World
Wide Web;
‘‘(4) a prohibition on the distribution of material
harmful to minors, combined with legitimate de-
fenses, is currently the most effective and least re-
strictive means by which to satisfy the compelling
government interest; and
‘‘(5) notwithstanding the existence of protections
that limit the distribution over the World Wide Web
of material that is harmful to minors, parents, edu-
cators, and industry must continue efforts to find
ways to protect children from being exposed to harm-
ful material found on the Internet.’’
STUDY BY COMMISSION ON ONLINE CHILD PROTECTION
Pub. L. 105–277, div. C, title XIV, § 1405, Oct. 21, 1998,
112 Stat. 2681–739, as amended by Pub. L. 106–113, div. B,
§ 1000(a)(9) [title V, § 5001(b)–(f), Nov. 29, 1999, 113 Stat.
1536, 1501A–591, 1501A–592; Pub. L. 106–229, title IV, § 401,
June 30, 2000, 114 Stat. 476, established a Commission to
study methods to reduce access by minors to harmful
material on the Internet and provided that the Com-
mission would terminate 30 days after submitting a re-
port to Congress or Nov. 30, 2000, whichever occured
earlier.
PART II—DEVELOPMENT OF COMPETITIVE
MARKETS
§ 251. Interconnection
(a) General duty of telecommunications carriers
Each telecommunications carrier has the
duty—
(1) to interconnect directly or indirectly
with the facilities and equipment of other
telecommunications carriers; and
(2) not to install network features, func-
tions, or capabilities that do not comply with
the guidelines and standards established pur-
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 251
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 251. This identifies an authority to review, not proof of applicability.