Regulation by commission of rates, terms, and conditions

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  1. (a) The Arkansas Public Service Commission shall regulate the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment.

  2. (b)

    1. (1) The commission shall develop rules necessary for the effective regulation of the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment.

    2. (2) In developing and implementing the rules under this subsection, the commission shall consider:

      1. (A) The interests of the subscribers of the services offered through pole attachments;

      2. (B) The interests of the consumers of the public utility services;

      3. (C) Maintenance of reliability of public utility services; and

      4. (D) Compliance with applicable safety standards.

    3. (3) [Repealed.]

  3. (c) Nothing in this section prevents a public utility, an electric utility, a telecommunications provider, a cable television service, or a cable internet access service from entering into a voluntarily negotiated, written agreement regarding the rates, terms, and conditions upon which access for a pole attachment is provided.


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