Annual certification — Definition

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  1. (a) As used in this section, “provider” means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as “VoIP”, service, a commercial radio service, or a similar service.

  2. (b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the provider has implemented current and applicable technologies to identify and block telecommunications that violate § 4-88-107(a)(11), § 4-88-108(a), § 4-99-108(c), or § 4-99-302(b), as applicable, taking into consideration applicable state and federals laws, federal regulations, and costs.

  3. (c)

    1. (1) The commission shall promulgate rules necessary to implement this section.

    2. (2)

      1. (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):

        1. (i) On or before July 1, 2020; or

        2. (ii) If approval under § 10-3-309 has not occurred by July 1, 2020, as soon as practicable after approval under § 10-3-309.

      2. (B) The commission shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of July 1, 2020, so that the Legislative Council may consider the rule for approval before July 1, 2020.

  4. (d) The commission shall have exclusive jurisdiction to hear and determine all complaints regarding a provider's compliance with this section.

  5. (e) A provider filing documentation under subsection (b) of this section shall be deemed to be in compliance with this section until the provider is subject to a final order issued by the commission finding the provider has failed to implement current and applicable technologies according to subsection (b) of this section.


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