Authority of commission to hear complaints

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  1. (a) The Arkansas Public Service Commission may hear and determine all complaints arising from:

    1. (1) A public utility's failure or refusal to provide access for a pole attachment;

    2. (2) The inability of a public utility and an entity seeking access for a pole attachment to reach a voluntarily negotiated, written agreement governing access for the pole attachment; and

    3. (3) Disputes between a public utility and an entity over the implementation of an existing contract granting the entity access for a pole attachment.

  2. (b) A public utility shall provide information required for the commission to verify that the costs associated with access for pole attachments provided by the public utility are just and reasonable.

  3. (c)

    1. (1) The commission shall resolve any complaint or dispute that the commission may hear under this section within one hundred eighty (180) days after the complaint is filed with the commission.

    2. (2) However, the commission by rule may extend the time to resolve a complaint or dispute for up to three hundred sixty (360) days after the complaint is filed.


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