2012 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 17 - Telephone and Telegraph Companies
Subchapter 4 - -- Telecommunications Regulatory Reform
§ 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.