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23-18-802. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-802. Definitions.
As used in this subchapter and §§ 14-200-101, 18-15-503, 18-15-504, and 18-15-507:
(1) “Broadband affiliate” or “affiliate” means an entity that is at least ten percent (10%) owned or controlled, directly or indirectly, by the electric utility formed to provide regulated or nonregulated broadband services;
(2) “Broadband Internet service provider” means an entity that provides Internet broadband services to others on a wholesale basis or to end-use customers on a retail basis;
(3) “Broadband operator” means an entity that owns or operates a broadband system on the electric power lines and related facilities of an electric utility;
(4) “Broadband services” means the provision of regulated or nonregulated connectivity to a high-speed, high-capacity transmission medium that can carry signals from multiple independent network carriers over electric power lines and related facilities, whether above or below ground;
(5) “Broadband system” means the materials, equipment, and other facilities installed to facilitate the provision of broadband services;
(6) “Electric delivery system” means the power lines and related facilities used by an electric utility to deliver electric energy;
(7) “Electric utility” means a public utility as defined under § 23-1-101 that produces, generates, transmits, delivers, or furnishes electricity to or for the public for compensation;
(8) “Nonregulated broadband services” means broadband services and technologies that are not provided for the operational performance of an electric utility, including without limitation, the provision of broadband services at wholesale or at retail; and
(9) “Regulated broadband services” means broadband services and technologies that are used and useful for the operational pe
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-802
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:23-18-802
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eea72e49af191df5e4a7757f7b6e92b30d2ad05c049562319df0694097b8f495
Source location: content.xml paragraph 14986
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23-18-802. Definitions.
As used in this subchapter and §§ 14-200-101, 18-15-503, 18-15-504, and 18-15-507:
(1) “Broadband affiliate” or “affiliate” means an entity that is at least ten percent (10%) owned or controlled, directly or indirectly, by the electric utility formed to provide regulated or nonregulated broadband services;
(2) “Broadband Internet service provider” means an entity that provides Internet broadband services to others on a wholesale basis or to end-use customers on a retail basis;
(3) “Broadband operator” means an entity that owns or operates a broadband system on the electric power lines and related facilities of an electric utility;
(4) “Broadband services” means the provision of regulated or nonregulated connectivity to a high-speed, high-capacity transmission medium that can carry signals from multiple independent network carriers over electric power lines and related facilities, whether above or below ground;
(5) “Broadband system” means the materials, equipment, and other facilities installed to facilitate the provision of broadband services;
(6) “Electric delivery system” means the power lines and related facilities used by an electric utility to deliver electric energy;
(7) “Electric utility” means a public utility as defined under § 23-1-101 that produces, generates, transmits, delivers, or furnishes electricity to or for the public for compensation;
(8) “Nonregulated broadband services” means broadband services and technologies that are not provided for the operational performance of an electric utility, including without limitation, the provision of broadband services at wholesale or at retail; and
(9) “Regulated broadband services” means broadband services and technologies that are used and useful for the operational performance and service reliability of an electric utility, including without limitation:
(A) Automated meter reading;
(B) Real-time system monitoring;
(C) Remote service control;
(D) Outage detection and restoration;
(E) Predictive maintenance and diagnostics; and
(F) Monitoring and enhancement of power quality.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-200-101. Jurisdiction over utilities — Appeal — Definition.
(a) As used in this section, “public utility” means any electric, gas, sewer, water, or telephone company or utility, and any company or utility providing similar services, except a company excluded from the definition of “public utility” under § 23-1-101(9)(B)(ii), a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq., and a water or light commission under § 14-201-101 et seq.
(b)(1) Acting by ordinance or resolution of its council, board of directors, or commission, every city and town shall have jurisdiction to:
(A)(i) Except as provided in § 23-4-201, determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation:
(a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and
(b) A reasonable franchise fee.
(ii) The ordinance or resolution shall be deemed prima facie reasonable.
(iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality;
(B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-200-101
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 14-200-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-503. Powers.
(a)(1)(A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services:
(i) Along and over the public highways and the streets of the cities and towns of the state;
(ii) Across or under the waters of the state;
(iii) Over any lands or public works belonging to the state;
(iv) On and over the lands of private individuals or other persons;
(v) Upon, along, and parallel to any railroad or turnpike of the state; and
(vi) On and over the bridges, trestles, and structures of railroads.
(B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction.
(2)(A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes.
(B) The permission of the proper municipal authorities shall be obtained for the use of the streets.
(b)(1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-503
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 18-15-503. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-504. Petition for assessment of damages.
(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 — 18-15-503, and §§ 18-15-505 — 18-15-509, fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.
(b) In case property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition.
(c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the notice shall be given as follows:
(1)(A) By publication in any newspaper in the county which is authorized by law to publish legal notices.
(B) The notices shall be published for the same length of time as may be required in other civil causes;
(2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk and one (1) written or printed notice thereof posted on the door of the courthouse of the county; and
(3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sher
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-504
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 18-15-504. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-507. Damages.
(a)(1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility.
(2)(A) If an owner of property petitions a court under § 18-15-504(e), the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services.
(B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e).
(b) In all cases in which damages for the right-of-way for the use of the electric utility shall have been assessed in the manner provided, it shall be the duty of the electric utility to deposit with the court or pay to the owners the amount so assessed and pay such costs as may be in the discretion of the court be adjudged against it within thirty (30) days after the assessment. Whereupon, it shall and may be lawful for the electric utility to enter upon, use, and have the right-of-way over the lands forever.
(c) In all cases in which the electric utility shall not pay or deposit the amount of damages assessed pursuant to this section, §§ 18-15-501 — 18-15-506, § 18-15-508, and § 18-15-509 within thirty (30) days after the assessment, the electric utility shall forfeit all rights i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-507
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 18-15-507. This identifies an authority to review, not proof of applicability.