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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.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-19-203
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4c2fadff0589adbbcf64efe1e1445f7c4a22e444aea677d351728c055dfb513b
Source location: content.xml paragraph 15418
Stored source content
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 person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Secretary of State for a different service area.
(B) Except as permitted under this section, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the Secretary of State for the same service area.
(2) An incumbent video service provider may submit an application for a certificate of franchise authority for a service area in which the incumbent video service provider has an existing franchise from a political subdivision for the service area, and upon the granting of a certificate of franchise authority to the incumbent video service provider, the incumbent video service provider's franchise from the political subdivision shall no longer be of any force or effect.
(3) In each service area in which an incumbent video service provider provides video service, the incumbent video service provider has sole discretion to determine whether or not to apply for a certificate of franchise authority or continue to provide service under an existing franchise issued by a political subdivision.
(c) An applicant seeking a certificate of franchise authority shall:
(1) Submit an application to the Secretary of State that provides:
(A) The name of the applicant;
(B) The address of the applicant's principal place of business in the state;
(C) The names of the applicant's principal executive officers;
(D) The designated Arkansas representative for the applicant;
(E) Identification of the political subdivisions or parts of political subdivisions constituting the service areas in which the applicant intends to provide video service; and
(F) The date on which the applicant intends to begin providing video service in the service area described in the application;
(2) Provide verification from an officer, general partner, or managing member of the applicant that:
(A) The applicant has filed with the Federal Communications Commission the applicable forms needed by the Federal Communications Commission in advance of offering video service in this state;
(B) The applicant is legally, financially, and technically qualified to provide video service; and
(C)(i) The applicant has and maintains with one (1) or more companies licensed to do business in the state comprehensive general liability insurance coverage and automobile liability insurance coverage.
(ii) The insurance policy shall require that the insurance carrier pay on behalf of the applicant, up to a limit of not less than one million dollars ($1,000,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant, or the applicant's employees or agents.
(iii) A certificate of automobile liability self-insurance issued to the applicant and maintained under § 27-19-107 satisfies the liability insurance coverage requirements of this subsection; and
(3) Submit the filing fee required under § 23-19-204.
(d) Upon receipt of an application for a certificate of franchise authority under this section, the Secretary of State shall:
(1) Notify the applicant within thirty (30) days after receipt of the application whether the application needs additional information or is complete;
(2) Issue a certificate of franchise authority within fifteen (15) days after the application is complete; and
(3) Provide written notice of a certificate of franchise authority within fifteen (15) days after issuance of a certificate of franchise authority to the governing body of each political subdivision located in the service area designated in the application for a certificate of franchise authority.
(e)(1) A holder of a certificate of franchise authority may change the boundaries of an existing service area authorized under the certificate of franchise authority by filing written notice of the modification with the Secretary of State with the filing fee required under § 23-19-204.
(2) The boundary modifications are effective on the date the written notice is filed with the Secretary of State.
(3) Such modifications shall not extend the term of the certificate of franchise authority as established in subsection (h) of this section.
(f)(1) A certificate of franchise authority is transferrable.
(2) To transfer a certificate of franchise authority, the successor shall:
(A) File an application containing the information required in subsection (c) of this section; and
(B) Acknowledge with the Secretary of State that the successor shall provide notice to the political subdivision with jurisdiction concerning the public rights-of-way to be used to undertake operation and maintenance of video facilities under an approved certificate of franchise authority.
(3) A notice of transfer is approved once received by the Secretary of State.
(g) The holder of a certificate of franchise authority may terminate the certificate of franchise authority by submitting a written notice to the Secretary of State and an affected political subdivision.
(h) A certificate of franchise authority is:
(1) Nonexclusive;
(2) Valid for an initial term of ten (10) years, subject to changes in federal law; and
(3) Renewable for additional ten-year periods for video service providers in compliance with the requirements of subsection (c) of this section.
(i) To the extent required for the purposes of 47 U.S.C. §§ 521 — 561, as it existed on January 1, 2013, the state shall constitute the franchising authority for video service providers in the state.
(j) The duties of the Secretary of State under this subchapter are ministerial. The Secretary of State shall not condition or limit a certificate of franchise authority by imposing on the holder of a certificate of franchise authority any obligations or requirements that are not authorized by this subchapter.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this subchapter are to—
(1) establish a national policy concerning cable communications;
(2) establish franchise procedures and standards which encourage the growth and development of cable systems and which assure that cable systems are responsive to the needs and interests of the local community;
(3) establish guidelines for the exercise of Federal, State, and local authority with respect to the regulation of cable systems;
(4) assure that cable communications provide and are encouraged to provide the widest possible diversity of information sources and services to the public;
(5) establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where the operator’s past performance and proposal for future performance meet the standards established by this subchapter; and
(6) promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 521
Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 521. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 269
TITLE 47—TELECOMMUNICATIONS
§ 521
48 Stat. 1064, known as the Communications Act of 1934,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see section
609 of this title and Tables.
SUBCHAPTER V–A—CABLE
COMMUNICATIONS
PART I—GENERAL PROVISIONS
§ 521. Purposes
The purposes of this subchapter are to—
(1) establish a national policy concerning
cable communications;
(2) establish franchise procedures and stand-
ards which encourage the growth and develop-
ment of cable systems and which assure that
cable systems are responsive to the needs and
interests of the local community;
(3) establish guidelines for the exercise of
Federal, State, and local authority with re-
spect to the regulation of cable systems;
(4) assure that cable communications pro-
vide and are encouraged to provide the widest
possible diversity of information sources and
services to the public;
(5) establish an orderly process for franchise
renewal
which
protects
cable
operators
against unfair denials of renewal where the op-
erator’s past performance and proposal for fu-
ture performance meet the standards estab-
lished by this subchapter; and
(6) promote competition in cable commu-
nications and minimize unnecessary regula-
tion that would impose an undue economic
burden on cable systems.
(June 19, 1934, ch. 652, title VI, § 601, as added
Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2780.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 98–549, § 9(a), Oct. 30, 1984, 98 Stat. 2806, pro-
vided that: ‘‘Except where otherwise expressly pro-
vided, the provisions of this Act [enacting this sub-
chapter and section 611 of this title, amending sections
152, 224, 309, and 605 of this title, section 2511 of
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 521
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 521. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-19-204. Certificate of franchise authority — Fees.
The fees for a certificate of franchise authority to be collected by the Secretary of State include:
(1) An application filing fee of one thousand five hundred dollars ($1,500) that includes the cost of issuance of a certificate of franchise authority by the Secretary of State; and
(2) A fee of one hundred dollars ($100) for accepting an amendment to a certificate of franchise authority or providing a notice required by this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-19-204
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 23-19-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-19-107. Self-insurers.
(a) Any religious denomination which has more than twenty-five (25) members who own motor vehicles registered in this state and which prohibits its members from purchasing insurance of any form as being contrary to its religious tenets, or any person in whose name more than twenty-five (25) vehicles are registered in this state or any political subdivision or municipality of this state, individually or collectively, may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Office of Motor Vehicle as provided in subsection (b) of this section.
(b)(1) The office may, in its discretion, upon the application of the religious denomination, person, political subdivision, or municipality, individually or collectively, issue a certificate of self-insurance when it is satisfied that the religious denomination, person, political subdivision, or municipality is possessed and will continue to be possessed of ability to pay judgments against them.
(2) The certificate may be issued authorizing a religious denomination, person, political subdivision, or municipality, individually or collectively, to act as a self-insurer for either property damage or bodily injury, or both.
(c)(1) Upon not less than five (5) days' notice and a hearing pursuant to the notice, the office may, upon reasonable grounds, cancel a certificate of self-insurance.
(2) Failure to pay any judgment within thirty (30) days after the judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-19-107
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 27-19-107. This identifies an authority to review, not proof of applicability.