Browse Arkansas Code titles and sections
23-19-202. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-19-202. Definitions.
As used in this subchapter:
(1) “Access to video service” means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or the service is provided at the address;
(2) “Books and records” includes without limitation:
(A) Records kept in the regular course of business and that are not limited to accounting records;
(B) Billing detail records; and
(C) Tax billing detail records;
(3) “Cable service” means the same as defined in 47 U.S.C. § 522, as it existed on January 1, 2013;
(4) “Certificate of franchise authority” means a certificate issued by the Secretary of State to a video service provider under this subchapter;
(5)(A)(i) “Franchise” means the same as defined in 47 U.S.C. § 522, as it existed on January 1, 2013.
(ii) A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542, as it existed on January 1, 2013.
(B) “Franchise” also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision;
(6) “Franchising entity” means this state or a city or county in this state authorized by state or federal law to grant a franchise;
(7) “Governing body” means the city council or the county quorum court of a political subdivision;
(8) “Incumbent video service provider” means a person that provides cable or video service and holds a franchise issued by a political subdivision before July 1, 2013;
(9) “Nonincumbent video service provider” means:
(A) A person authorized under this subchapter to provide video service in an area in wh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-19-202
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:23-19-202
Source file: gov.ar.code.title.23.odt
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23-19-202. Definitions.
As used in this subchapter:
(1) “Access to video service” means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or the service is provided at the address;
(2) “Books and records” includes without limitation:
(A) Records kept in the regular course of business and that are not limited to accounting records;
(B) Billing detail records; and
(C) Tax billing detail records;
(3) “Cable service” means the same as defined in 47 U.S.C. § 522, as it existed on January 1, 2013;
(4) “Certificate of franchise authority” means a certificate issued by the Secretary of State to a video service provider under this subchapter;
(5)(A)(i) “Franchise” means the same as defined in 47 U.S.C. § 522, as it existed on January 1, 2013.
(ii) A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542, as it existed on January 1, 2013.
(B) “Franchise” also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision;
(6) “Franchising entity” means this state or a city or county in this state authorized by state or federal law to grant a franchise;
(7) “Governing body” means the city council or the county quorum court of a political subdivision;
(8) “Incumbent video service provider” means a person that provides cable or video service and holds a franchise issued by a political subdivision before July 1, 2013;
(9) “Nonincumbent video service provider” means:
(A) A person authorized under this subchapter to provide video service in an area in which video service is being provided by an incumbent video service provider;
(B) A person authorized under this subchapter to provide service in a geographical area in which on July 1, 2013, there was no incumbent video service provider providing video service; or
(C) Any other person that provides video service after March 6, 2013, that is not an incumbent video service provider;
(10) “Political subdivision” means a city, county, or other governmental entity of the state having maintenance and operation responsibility over the public rights-of-way in a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity;
(11) “Public rights-of-way” means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement dedicated for compatible uses;
(12) “Service area” means contiguous geographical territory in the state where a video service provider may provide video service under a certificate of franchise authority;
(13) “Service tier” means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider;
(14)(A) “Subscriber” means a person in this state that buys video service.
(B) “Subscriber” does not include a person that buys video service for resale and that, on resale, is required to pay a video service provider fee under this subchapter or under the terms of a franchise with a political subdivision;
(15)(A) “Video service” means the delivery of video programming to subscribers in which:
(i) The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including Internet protocol technologies; and
(ii) The service is provided primarily through equipment or facilities located in whole or in part in, on, under, or over any public right-of-way.
(B) “Video service” includes cable service and video service delivered by a community antenna television system but excludes video programming:
(i) Provided to persons in their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d), as it existed on January 1, 2013; or
(ii) Provided as part of and via a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet;
(16) “Video service provider” means a provider of video service, including without limitation a cable service provider, an incumbent video service provider, and a nonincumbent video service provider; and
(17) “Video service provider fee” means the amount paid by a video service provider to a political subdivision under § 23-19-206.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors which Commission must consider** In taking actions to manage the spectrum to be made available for use by the private mobile services, the Commission shall consider, consistent with [section 151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim), whether such actions will—
(1) promote the safety of life and property;
(2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and marketplace demands;
(3) encourage competition and provide services to the largest feasible number of users; or
(4) increase interservice sharing opportunities between private mobile services and other services.
**(b) Advisory coordinating committees**
(1) The Commission, in coordinating the assignment of frequencies to stations in the private mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government.
(2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 or [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim).
(3) Any person who provides assistance to the Commission under this subsection shall not be considered, by reason of having provided such assistance, a Federal employee.
(4) Any advisory coordinating committee which furnishes assistance to the Commission under this subsection shall not be subject to the provisions of chapter 10 of titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 332
Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 332. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 183
TITLE 47—TELECOMMUNICATIONS
§ 332
§ 303(a)(18), Oct. 25, 1994, 108 Stat. 4295; Pub. L.
115–141, div. P, title IV, § 402(i)(5), Mar. 23, 2018,
132 Stat. 1089.)
Editorial Notes
REFERENCES IN TEXT
Subsec. (d) of section 307 of this title, referred to in
subsec. (a), was redesignated subsec. (c) of section 307
by Pub. L. 97–259, title I, § 112(a), Sept. 13, 1982, 96 Stat.
1093.
CODIFICATION
Another section 331 of act June 19, 1934 was renum-
bered section 332 and is classified to section 332 of this
title.
PRIOR PROVISIONS
A prior section 331, act June 19, 1934, ch. 652, title III,
§ 331, as added Sept. 14, 1973, Pub. L. 93–107, § 1, 87 Stat.
350, related to broadcasting of games of professional
sports clubs, prior to repeal by Pub. L. 93–107, § 2, Sept.
14, 1973, 87 Stat. 351, effective Dec. 31, 1975.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–141 struck out at end:
‘‘The Commission shall report to the appropriate com-
mittees of Congress within 30 days after December 20,
1991, on how it intends to meet this policy goal.’’
1994—Pub. L. 103–414 amended section catchline gen-
erally.
1991—Pub. L. 102–243 inserted ‘‘and AM radio sta-
tions’’ in section catchline, designated existing provi-
sions as subsec. (a) and inserted heading, and added
subsec. (b).
§ 332. Mobile services
(a) Factors which Commission must consider
In taking actions to manage the spectrum to
be made available for use by the private mobile
services, the Commission shall consider, con-
sistent with section 151 of this title, whether
such actions will—
(1) promote the safety of life and property;
(2) improve the efficiency of spectrum use
and reduce the regulatory burden upon spec-
trum users, based upon sound engineering
principles, user operational requirements, and
m
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 332
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 332. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) the term “activated channels” means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use;
(2) the term “affiliate”, when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person;
(3) the term “basic cable service” means any service tier which includes the retransmission of local television broadcast signals;
(4) the term “cable channel” or “channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation);
(5) the term “cable operator” means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
(6) the term “cable service” means—
(A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and
(B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;
(7) the term “cable system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which incl
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 522
Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 522. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 271
TITLE 47—TELECOMMUNICATIONS
§ 522
the applicability of any Federal or State antitrust
law.’’
EFFECT OF CABLE COMMUNICATIONS POLICY ACT OF 1984
ON JURISDICTION OF FEDERAL COMMUNICATIONS COM-
MISSION RESPECTING WIRE OR RADIO COMMUNICATIONS
THROUGH CABLE SYSTEMS
Pub. L. 98–549, § 3(b), Oct. 30, 1984, 98 Stat. 2801, pro-
vided that: ‘‘The provisions of this Act [enacting this
subchapter and section 611 of this title, amending sec-
tions 152, 224, 309, and 605 of this title, section 2511 of
Title 18, Crimes and Criminal Procedure, and section
1805 of Title 50, War and National Defense, and enacting
provisions set out as notes under this section and sec-
tions 543, 605, and 609 of this title] and amendments
made by this Act shall not be construed to affect any
jurisdiction the Federal Communications Commission
may have under the Communications Act of 1934 [this
chapter] with respect to any communication by wire or
radio (other than cable service, as defined in section
602(5) of such Act [section 522(5) of this title]) which is
provided through a cable system, or persons or facili-
ties engaged in such communications.’’
§ 522. Definitions
For purposes of this subchapter—
(1) the term ‘‘activated channels’’ means
those channels engineered at the headend of a
cable system for the provision of services gen-
erally available to residential subscribers of
the cable system, regardless of whether such
services actually are provided, including any
channel designated for public, educational, or
governmental use;
(2) the term ‘‘affiliate’’, when used in rela-
tion to any person, means another person who
owns or controls, is owned or controlled by, or
is under common ownership or control with,
such person;
(3) the term ‘‘basic cable service’’ means any
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 522
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 522. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment under terms of franchise** Subject to the limitation of subsection (b), any cable operator may be required under the terms of any franchise to pay a franchise fee.
**(b) Amount of fees per annum** For any twelve-month period, the franchise fees paid by a cable operator with respect to any cable system shall not exceed 5 percent of such cable operator’s gross revenues derived in such period from the operation of the cable system to provide cable services. For purposes of this section, the 12-month period shall be the 12-month period applicable under the franchise for accounting purposes. Nothing in this subsection shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any such 12-month period shall be paid on a prepaid or deferred basis; except that the sum of the fees paid during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected if such fees had been paid per annum.
**(c) Itemization of subscriber bills** Each cable operator may identify, consistent with the regulations prescribed by the Commission pursuant to [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section543&num=0&edition=prelim), as a separate line item on each regular bill of each subscriber, each of the following:
(1) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to which the fee is paid.
(2) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels.
(3) The amount of any other fee, t
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 542
Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 542. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 286
TITLE 47—TELECOMMUNICATIONS
§ 542
Subsec. (d)(3). Pub. L. 104–104, § 3(d)(3), substituted
‘‘section 153’’ for ‘‘section 153(v)’’.
1992—Subsec. (a)(1). Pub. L. 102–385, § 7(a)(1), inserted
before period at end ‘‘; except that a franchising au-
thority may not grant an exclusive franchise and may
not unreasonably refuse to award an additional com-
petitive franchise. Any applicant whose application for
a second franchise has been denied by a final decision
of the franchising authority may appeal such final de-
cision pursuant to the provisions of section 555 of this
title for failure to comply with this subsection’’.
Subsec. (a)(4). Pub. L. 102–385, § 7(b), added par. (4).
Subsec. (b)(1). Pub. L. 102–385, § 7(c)(1), inserted ‘‘and
subsection (f)’’ after ‘‘paragraph (2)’’.
Subsec. (f). Pub. L. 102–385, § 7(c)(2), added subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–385 effective 60 days after
Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as
a note under section 325 of this title.
EFFECTIVE DATE
Section effective 60 days after Oct. 30, 1984, except
where otherwise expressly provided, see section 9(a) of
Pub. L. 98–549, set out as a note under section 521 of
this title.
§ 542. Franchise fees
(a) Payment under terms of franchise
Subject to the limitation of subsection (b),
any cable operator may be required under the
terms of any franchise to pay a franchise fee.
(b) Amount of fees per annum
For any twelve-month period, the franchise
fees paid by a cable operator with respect to any
cable system shall not exceed 5 percent of such
cable operator’s gross revenues derived in such
period from the operation of the cable system to
provide cable services. For purposes
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 542
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 542. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-19-203. Franchising authority — Application for certificate of franchise authority — Modification of service areas — Term of certificate of franchise authority and termination of certificate of franchise authority.
(a) After June 30, 2013:
(1) A person shall not act as a video service provider within the state unless the person:
(A) Is providing video service under a franchise from a political subdivision in effect on March 6, 2013, or a subsequent renewal of the franchise;
(B) Elects to:
(i) Negotiate a franchise with a political subdivision that establishes the terms and conditions applicable to that person to provide video service within the jurisdictional boundaries of the political subdivision and has been issued a franchise from the political subdivision for such a purpose; or
(ii) Adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent video service provider providing video service within the same service area and that has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision under the same terms and conditions as the franchise issued to an incumbent video service provider in the political subdivision; or
(C) Has been granted a certificate of franchise authority to do business in the state by the Secretary of State as authorized in this subchapter; and
(2) A franchise between a political subdivision and a video service provider described in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section expires on the earlier of:
(A) Ten (10) years from the date the franchise was effective; or
(B) The original expiration date of the franchise.
(b)(1)(A) This subchapter does not prohibit a pe
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-19-203
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 23-19-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-19-206. Video service provider fee — Definitions.
(a) As used in this section:
(1) “City subscriber” means a subscriber whose service address is in the jurisdictional limits of a city;
(2) “County subscriber” means a subscriber whose service address is outside the jurisdictional limits of a city;
(3)(A) “Gross revenue” shall be calculated in accordance with generally accepted accounting principles and means all consideration of any kind or nature, including without limitation cash, credit, property, and in-kind contributions, services, or goods derived by the holder of a certificate of franchise authority from the operation of the video service provider's network to provide video service within the political subdivision.
(B) “Gross revenue” includes all consideration paid to the holder of a certificate of franchise authority and its affiliates only to the extent that the holder of a certificate of franchise authority or its affiliates are acting as a provider of video service under this subchapter, which includes the following:
(i) All fees charged to subscribers for any video services provided by the holder of a certificate of franchise authority;
(ii) Any fee imposed on the holder of a certificate of franchise authority by this subchapter that is passed through and paid by subscribers, including without limitation the video service fee;
(iii) Compensation received by the holder of a certificate of franchise authority or its affiliates that is derived from the operation of the holder of a certificate of franchise authority's network to provide video service with respect to commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of certificate
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-19-206
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 23-19-206. This identifies an authority to review, not proof of applicability.