Browse Arkansas Code titles and sections
23-19-205. Use of public rights-of-way by holder of certificate of franchise authority.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-19-205. Use of public rights-of-way by holder of certificate of franchise authority.
(a) A video service provider has the rights, powers, and duties provided for telephone and telegraph companies under §§ 23-17-101 — 23-17-105.
(b) To enable the provision of video service, a political subdivision shall allow the holder of a certificate of franchise authority to install, construct, and maintain facilities in the public rights-of-way over which the political subdivision has jurisdiction.
(c) A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction.
(d) This subchapter does not exempt a video service provider from compliance with all lawful political subdivision land use regulations, including without limitation zoning laws, building permit requirements, pole attachment agreements, street cut permits, and other permits required for the use of a political subdivision's right-of-way.
(e)(1) In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision.
(2) A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-19-205
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:23-19-205
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5be8331a359611d1b9b8da3a2826baa3cff0c2651d4c5f802c3ac632c0d80e8d
Source location: content.xml paragraph 15477
Stored source content
23-19-205. Use of public rights-of-way by holder of certificate of franchise authority.
(a) A video service provider has the rights, powers, and duties provided for telephone and telegraph companies under §§ 23-17-101 — 23-17-105.
(b) To enable the provision of video service, a political subdivision shall allow the holder of a certificate of franchise authority to install, construct, and maintain facilities in the public rights-of-way over which the political subdivision has jurisdiction.
(c) A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction.
(d) This subchapter does not exempt a video service provider from compliance with all lawful political subdivision land use regulations, including without limitation zoning laws, building permit requirements, pole attachment agreements, street cut permits, and other permits required for the use of a political subdivision's right-of-way.
(e)(1) In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision.
(2) A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-101. Right to construct, operate, and maintain lines — Damages for occupation of property.
(a)(1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence:
(A) Along and over the public highways and streets of the cities and towns of this state;
(B) Across and under the waters and over any lands or public works belonging to this state;
(C) On and over the lands of private individuals;
(D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and
(E) On and over the bridges, trestles, or structures of the railroads.
(2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.
(b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.
(c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-101
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 23-17-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-105. Contract for exclusive privileges prohibited.
No telegraph or telephone corporation organized by virtue of the laws of this state or doing business in this state by virtue of the laws of any other state, or of the United States, shall have the power to contract with the owners of lands or the right in lands, or with any person or corporation, for the rights to erect, operate, or maintain telegraph, telephone, or other lines or works for the speedy transmission of intelligence over his or her or its lands, privileges, rights, or easements to the exclusion of other persons or corporations authorized to erect and operate lines and works for speedy transmission of intelligence.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-105
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 23-17-105. This identifies an authority to review, not proof of applicability.