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Stricken language would be deleted from and underlined language would be added to present law. Act 442 of the Regular Session
DLP204 03-05-2013 16:47:15 DLP
1 State of Arkansas As Engrossed: S3/7/
2 89th General Assembly A Bill
3 Regular Session, 2013 SENATE BILL 797 4
5 By: Senator J. Dismang
6 By: Representative Wren
8 For An Act To Be Entitled
9 AN ACT TO ENSURE CONTINUED BROADBAND EXPANSION IN
10 RURAL AREAS WITHIN THE STATE OF ARKANSAS; TO PROVIDE
11 911 EMERGENCY SERVICE TO RURAL AREAS WITHIN THE
12 STATE; TO ENHANCE THE 911 EMERGENCY SYSTEM AND ASSIST
13 ITS FUNDING; TO DECLARE AN EMERGENCY; AND FOR OTHER
14 PURPOSES.
17 Subtitle
18 TO ENSURE CONTINUED BROADBAND EXPANSION
19 IN RURAL AREAS WITHIN THE STATE; TO
20 PROVIDE 911 EMERGENCY SERVICE TO RURAL
21 AREAS WITHIN THE STATE; TO ENHANCE THE
22 911 EMERGENCY SYSTEM AND ASSIST ITS
23 FUNDING; AND TO DECLARE AN EMERGENCY.
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
28 SECTION 1. Arkansas Code § 23-17-401 is amended to read as follows: 29 23-17-401. Title. 30 This subchapter may shall be referred to known and may be cited as the 31 “Telecommunications Regulatory Reform Act of 1997” 2013”. 32 33 SECTION 2. Arkansas Code § 23-17-403(3), concerning the definition of 34 “Arkansas IntraLATA Toll Pool”, is repealed. 35 (3) “Arkansas IntraLATA Toll Pool” means the unincorporated 36 organization of the Arkansas incumbent local exchange carriers, approved by
1 the commission, whose purpose is to redistribute the pooled revenues from 2 intraLATA toll telephone service; 3 4 SECTION 3. Arkansas Code § 23-17-403(10), concerning the definition of 5 "eligible telecommunications carrier", is amended to read as follows: 6 (10) "Eligible telecommunications carrier" or "ETC" means the local 7 exchange carrier determined in accordance with § 23-17-405; 8 9 SECTION 4. Arkansas Code § 23-17-403(49), concerning the definition of 10 "2007 revenue base", is repealed. 11 (49) “2007 revenue base” means the gross revenue an ETC was eligible 12 to receive from the AUSF during the first six (6) months of 2007 annualized 13 without reduction for an overpayment that occurred in 2006; 14 15 SECTION 5. Arkansas Code § 23-17-403, concerning definitions used in 16 the Telecommunications and Regulatory Reform Act of 1997, is amended to add 17 an additional subdivision to read as follows: 18 (55) “Interconnected VoIP service” has the meaning defined by 47 19 C.F.R. 9.3, as it existed on January 1, 2013; and 20 21 SECTION 6. Arkansas Code § 23-17-404(a)(2), concerning Arkansas High 22 Cost Fund funding, is amended to read as follows: 23 (2) The AHCF will shall provide funding to an eligible 24 telecommunications carrier that provides basic local exchange services and 25 other supported services using its own facilities or a combination of its own 26 facilities and another carrier's facilities by the eligible 27 telecommunications carrier within its study area. 28 29 SECTION 7. Arkansas Code § 23-17-404(b)(2)(A), concerning Arkansas 30 High Cost Fund charges and funding, is amended to read as follows: 31 (2)(A)(i) This AHCF charge for all telecommunications providers 32 shall be proportionate to each provider's Arkansas intrastate retail 33 telecommunications service revenues. 34 (ii) If the AHCF Administrator determines or 35 receives a petition from two-thirds (2/3) of the AHCF participants stating 36 that the Arkansas intrastate retail telecommunications services revenues are
1 (d) (c) The actual support available 2 after implementation of all phase-in reductions and fund cap limitations. 3 4 SECTION 11. Arkansas Code § 23-17-404(d)(1), concerning the duties of 5 the Arkansas High Cost Fund administrator, is amended to read as follows: 6 (d)(1)(A) The AHCF administrator periodically shall establish and 7 notify each telecommunications provider of the AHCF charge levels required to 8 be paid by the telecommunications provider. In order to fund the AHCF at the 9 required level, as soon as administratively reasonable after March 19, 2007, 10 the AUSF administrator shall adjust the surcharge to ensure it will 11 adequately fund the projected monthly payments required under this section, 12 have sufficient reserves, and have the surplus necessary to fund the 13 transition period required by this section. The AUSF administrator shall 14 continue to charge and collect the AUSF surcharge until the AHCF 15 administrator is designated by the commission and the AHCF administrator has 16 adequate time to undertake charging and collecting the surcharge as the AHCF 17 charge. 18 (B) The AUSF administrator shall continue to 19 administer the AUSF until the AUSF has paid all administrative fees and 20 completed its duties. The AUSF administrator shall cooperate with the AHCF 21 administrator in transferring information and documentation necessary for the 22 AHCF administrator to bill and collect charges from responsible parties and 23 to transfer information about all accounts receivable due the AUSF 24 administrator from responsible parties. 25 (C) All accounts payable to the AUSF administrator, 26 all funds held by the AUSF administrator, and assets of the AUSF 27 administrator shall be transferred to the AHCF administrator, when the AHCF 28 administrator requests, to allow the AHCF administrator to carry out his or 29 her function. When the AUSF administrator has completed his or her duties 30 under the AUSF and completed his or her duties concerning transfer of 31 information and other assistance, the AUSF administrator shall terminate all 32 further activity in regard to the AUSF and the AHCF. If a transfer of funds 33 is made to the AHCF administrator before the finalization of all duties by 34 the AUSF administrator, the AUSF administrator may retain funds necessary for 35 the AUSF administrator to fully pay all expected administrative costs of 36 finalizing his or her duties and thereafter shall transfer any remaining
1 funds to the AHCF administrator. 2 3 SECTION 12. Arkansas Code § 23-17-404(e)(1)(B), concerning Arkansas 4 High Cost Fund funding, is amended to add an additional subdivision to read 5 as follows: 6 (iii) If an ETC seeks to participate in the AHCF 7 program as a new funding recipient, the funding category applicable to the 8 ETC shall be determined by the total customer access base of the ETC on the 9 date of the application. 10 11 SECTION 13. Arkansas Code § 23-17-404(e)(3), (e)(4)(A), and (e)(4)(B), 12 concerning charges and funding under the Telecommunications Regulatory Reform 13 Communications Act of 2013, are amended to read as follows: 14 (3)(A)(i) The AICCLP members shall charge the rate under 15 subdivision (e)(4)(B)(i) (e)(3)(B) of this section to underlying carriers. 16 (B)(ii) The ILECs shall charge a reciprocal rate to 17 other ILECs. 18 (C)(iii) The commission may review the accuracy of 19 the reciprocal rates and the per-access minute carrier common line rate 20 charged under subdivision (e)(4)(B)(i) (e)(3)(B) of this section. 21 (D)(iv) If the AICCLP fails to provide an ILEC's 22 carrier common line net revenue requirement, the ILEC may obtain concurrent 23 recovery of the revenue loss from basic local exchange rates, intrastate 24 access rate adjustments, or a combination thereof. Any recovery of revenue 25 loss under this subdivision (e)(3)(D) (e)(3)(A)(iv) shall not be subject to 26 the caps on local rates under § 23-17-412; 27 (4)(A) Through December 31, 2003, except as provided in this 28 subdivision (e)(4)(A), the intrastate Carrier Common Line Pool charges billed 29 to carriers by the Arkansas Intrastate Carrier Common Line Pool (AICCLP) 30 shall be determined as provided in the AICCLP tariff effective on December 31 31, 2000. Following April 20, 2001, carriers must continue to report RBMOUs 32 associated with the traffic that they reported as of December 2000, except 33 that incumbent local exchange carriers may discontinue reporting RBMOUs 34 associated with their intracompany flat-rated optional plans that exist as of 35 June 1, 2001. The AICCLP charges shall be adjusted to eliminate any credits 36 to the AICCLP or to interexchange carriers that have been previously
1 (iii)(a)(1)(ii)(a) There is also created an AICCLP 2 AHCF allocation to be known as the “Arkansas Calling Plan Fund”. 3 (2) Through December 31, 2003, the 4 Extension of Telecommunications Facilities Fund and the Arkansas Calling Plan 5 Fund will be funded by the AICCLP by assessing one-half (½) of the fund to be 6 paid by ILECs and one-half (½) of the fund to be paid by all other 7 telecommunications providers reporting intrastate retail billed minutes of 8 use to the AICCLP. 9 (b) The Arkansas Calling Plan Fund shall 10 receive a maximum of four million five hundred thousand dollars ($4,500,000) 11 per year to assist in funding the provision of calling plans in telephone 12 exchanges in the state. 13 (iv)(a)(iii)(a) Through December 31, 2003, the 14 Extension of Telecommunications Facilities Fund and the Arkansas Calling Plan 15 Fund will be funded by the AICCLP assessing one-half (½) of the fund to be 16 paid by incumbent local exchange carriers (ILECs) and one-half (½) of the 17 fund to be paid by all other telecommunications providers reporting 18 intrastate retail billed minutes of use to the AICCLP. There is created an 19 AHCF allocation to be known as the “Arkansas 911 Rural Enhancement Program 20 Fund". 21 (b) The Arkansas 911 Rural Enhancement Program 22 Fund shall receive a maximum of three million dollars ($3,000,000) per year 23 to: 24 (1) Advance the goals of universal 25 service and help ensure that rural areas within the State of Arkansas have 26 access to 911 services that are comparable to 911 services in urban areas 27 within the state; and 28 (2) Provide funding to: 29 (A) The statewide Smart911 system 30 established in Acts 2012, No. 213; 31 (B) The SmartPrepare System; and 32 (C) 911 administrative systems for 33 emergency management under the Arkansas Emergency Services Act of 1973, § 12- 34 75-101 et seq. 35 (B)(i)(a) Beginning January 1, 2004, the The Extension of 36 Telecommunications Facilities Fund, and the Arkansas Calling Plan Fund, and
1 the Arkansas 911 Rural Enhancement Program Fund will shall be paid by the 2 AICCLP members, exiting ILECs, and underlying carriers as follows: through 3 the Arkansas High Cost Fund. 4 (b) Payments made under subdivision 5 (e)(4)(B)(i)(a) of this section may exceed and are in addition to the limit 6 provided by subdivision (e)(4)(E)(ii)(a) of this section. 7 (1) Each AICCLP member and each exiting 8 ILEC shall remit to the AICCLP administrator on a monthly basis the 9 proportion of the total assessment each was paying before December 31, 2003, 10 for a collective total of one-half (½) of those funds; 11 (2) Underlying carriers shall pay to the 12 administrator a collective total of one-half (½) of the cost of the Arkansas 13 Calling Plan Fund and Extension of Telecommunications Facilities Fund; and 14 (3) Each underlying carrier shall 15 continue to remit to the administrator on a monthly basis its portion of the 16 underlying carrier funding requirement of the Arkansas Calling Plan Fund and 17 Extension of Telecommunications Facilities Fund, based upon the underlying 18 carrier's share of Arkansas intrastate telecommunications services revenues 19 and special intrastate ILEC revenues proportionate to the total Arkansas 20 intrastate telecommunications services revenues and special intrastate ILEC 21 revenues of all underlying carriers. 22 (b) Through December 31, 2003, ILECs shall be 23 individually assessed in accordance with the proportion that the ILEC funds 24 the AICCLP credits that are being eliminated by this section, and each other 25 telecommunications provider shall be assessed based on its portion of the 26 total non-ILEC intrastate retail billed minutes of use. 27 (c) Amounts paid by ILECs to fund either the 28 Extension of Telecommunications Facilities Fund or the Arkansas Calling Plan 29 Fund created by this section shall not be recoverable from the Arkansas 30 Universal Service Fund (AUSF). 31 (d)(1) The assessments shall commence upon the 32 first day of the month following April 20, 2001. 33 (2) Assessments shall be made with 34 respect to the Extension of Telecommunications Facilities Fund and the 35 Arkansas Calling Plan Fund only to the extent necessary, but not more than 36 the maximum specified in this section, to fund any extensions of facilities
1 SECTION 15. Arkansas Code § 23-17-404(e)(4)(C)(ii)(b)(1)(A), 2 concerning the calculation of the local switching support amount, is amended 3 to read as follows: 4 (A)(i) The AHCF administrator 5 shall use the most current trued up local switching support amount that has 6 been calculated by NECA and submitted to USAC annually for each ETC within 7 its size group. 8 (ii) An ETC that does not 9 submit the information required by subdivision (e)(4)(C)(ii)(b)(1)(A)(i) of 10 this section shall submit equivalent information to the AHCF administrator 11 for the AHCF administrator to calculate a local switching support amount. 12 (iii) For each ETC that does 13 not have an individually calculated local switching support amount, the AHCF 14 administrator shall calculate a local switching support amount by using an 15 average of all ETCs within its size group that have an established local 16 switching amount; 17 18 SECTION 16. Arkansas Code § 23-17-404(e)(4)(C)(ii)(c)(3)(A) and (B), 19 concerning calculations for the Arkansas High Cost Fund, are amended to read 20 as follows: 21 (3)(A) If state or federal regulatory or 22 legislative actions eliminate the publicly available elements used to 23 calculate loop support under subdivision (e)(4)(C)(ii)(a)(1) of this section 24 or local switching support under subdivision (e)(4)(C)(ii)(b)(1) of this 25 section for an ETC with a total customer access base or total customer base 26 of fewer than fifteen thousand (15,000) lines or customers, the AHCF 27 administrator determines that the changes in publicly available elements used 28 to calculate loop support under subdivision (e)(4)(C)(ii)(a)(1) of this 29 section or local switching support under subdivision (e)(4)(C)(ii)(b)(1) of 30 this section cause an under-recovery of more than ten percent (10%) of 31 support by ETCs with a total customer access base or total customer base of 32 fewer than fifteen thousand (15,000) lines or customers participating in the 33 AHCF, then the AHCF administrator shall promptly notify the commission. 34 (B) Once notified, the commission 35 shall open a rule-making docket to replace the eliminated, frozen, or 36 modified elements that are causing the under-recovery used to calculate loop
1 support under subdivision (e)(4)(C)(ii)(a)(1) of this section or local 2 switching support under subdivision (e)(4)(C)(ii)(b)(1) of this section. 3 4 SECTION 17. Arkansas Code § 23-17-404(e)(4)(C)(v), and subdivisions 5 (e)(4)(D) and (E), concerning the calculation of eligible telecommunications 6 carrier support, are amended to read as follows: 7 (v) The AHCF shall be phased in over a five-year 8 transition period. The phase-in shall transition from the AUSF revenue 9 replacement mechanism to the AHCF high-cost support mechanism for ETCs with a 10 total customer access base of under fifteen thousand (15,000) access lines. 11 ETCs with a total customer access base of over fifteen thousand (15,000) 12 access lines shall not participate in the transition or in the funding of the 13 transition, and any calculations related to the transition apply only to the 14 size group with a total customer access base of under fifteen thousand 15 (15,000) access lines. The AHCF administrator shall apply the AHCF transition 16 period for the ETCs as follows: 17 (a) In year one of the transition period, the 18 administrator shall first calculate the total support due an ETC from the 19 AHCF. If the AHCF calculation for the ETC exceeds the revenue the ETC 20 received from the AUSF in the 2007 revenue base, the AHCF calculation shall 21 be the ETC's uncapped unreduced AHCF support. If the ETC's calculated AHCF 22 support is less than the ETC's 2007 revenue base, then the ETC's AHCF 23 uncapped support in year one shall be the ETC's AHCF calculated support plus 24 eighty-nine percent (89%) of the difference between the ETC's 2007 revenue 25 base and the ETC's calculated AHCF support; 26 (b) In year two of the transition period, the 27 administrator shall first calculate the total support due an ETC from the 28 AHCF. If the AHCF calculation for the ETC exceeds the revenue the ETC 29 received from the AUSF in the 2007 revenue base, the AHCF calculation shall 30 be the ETC's uncapped unreduced AHCF support. If the ETC's calculated AHCF 31 support is less than the ETC's 2007 revenue base, the ETC's AHCF uncapped 32 support in year two shall be the ETC's AHCF calculated support plus seventy- 33 eight percent (78%) of the difference between the ETC's 2007 revenue base and 34 the ETC's calculated AHCF support; 35 (c) In year three of the transition period, 36 the administrator shall first calculate the total support due an ETC from the
1 transition period. The specific annual amounts the AHCF administrator shall 2 use from the surplus for the transition period shall be as follows: 3 (1) One million dollars ($1,000,000) for 4 year one; 5 (2) Seven hundred fifty thousand dollars 6 ($750,000) for year two; 7 (3) Seven hundred fifty thousand dollars 8 ($750,000) for year three; 9 (4) Two hundred fifty thousand dollars 10 ($250,000) for year four; and 11 (5) Two hundred fifty thousand dollars 12 ($250,000) for year five. 13 (b) In the event the total transition cost in 14 a year is less than the amount scheduled to be used that year from the AUSF 15 surplus, that excess amount shall be used to assist in funding the transition 16 in the subsequent year or years. 17 (ii)(a) The AHCF administrator shall calculate the 18 total support necessary to fully fund the transition cost for each specific 19 calendar year. 20 (b) If the transition support from the surplus 21 fully funds the transition costs, the AHCF administrator shall add each ETC's 22 calculated AHCF support to any transition support to which the ETC may be 23 entitled, and that amount shall be the ETC's uncapped AHCF support. 24 (c) If the surplus does not fully fund the 25 transition costs, then each ETC participating in the size group with a total 26 customer access base of under fifteen thousand (15,000) access lines that is 27 not receiving transition funds shall pay a pro rata share of the remaining 28 transition costs based upon a formula using total increase in support 29 received by all ETCs with an increase from the 2007 revenue base to AHCF 30 levels as the denominator and the specific ETC's increase from the 2007 31 revenue base to the AHCF support as the numerator. The AHCF administrator 32 shall use that formula to calculate the pro rata share of each ETC that is 33 not receiving transition funds to assist in fully funding the transition 34 costs. However, an ETC shall not be required to pay transition funding that 35 would lower its uncapped payment from the AHCF below the ETC's funding 36 received from the AUSF in the 2007 revenue base.
1 (iii) The annual transition funds provided from the 2 AUSF surplus and the funds used in the transition are supplemental funds, are 3 in addition to the capped funds, and are not to be considered when a cap is 4 calculated at any time. 5 (E)(i)(a)(1)(A) The AHCF administrator shall apply the cap 6 on the total AHCF and upon the specific size groups established within the 7 AHCF annually. During the transition, the cap shall be applied as follows: 8 (i)(a)(1) The total AHCF support that is calculated 9 to be due ETCs within each size group of the AHCF shall be calculated prior 10 to the consideration of the transition funding. 11 (B) If total support due a size 12 group, prior to transition funding, does not exceed that size group's AHCF 13 cap, the AHCF administrator shall pay that size group's full AHCF support 14 amount. 15 (2) If total support, using the AHCF 16 formula for recipients of the specific size group exceeds the cap, the 17 administrator shall determine the amount that the total calculated AHCF 18 support exceeds that size group's cap. 19 (b)(1) To reduce each size group's authorized 20 support to conform to the size group's cap, the AHCF administrator shall 21 determine total calculated AHCF support to each ETC within the size group and 22 shall add each ETC's transition payment, if any, to establish each ETC's 23 total calculated support within the size group. 24 (2) The AHCF administrator shall then 25 use the total calculated support due all ETCs within the size group as the 26 denominator and the amount the size group's AHCF calculation exceeds the cap 27 as the numerator. 28 (3) The administrator shall then 29 subtract from each ETC's total calculated support a pro rata portion, using 30 the fraction established herein to reduce AHCF funding to the capped amount, 31 based upon each ETC's total calculated support, to reduce the size group's 32 support level to the capped AHCF amount; and. 33 (ii)(a) The Except as provided in subdivision 34 (e)(4)(B) of this section, funds available for distribution to ETCs from the 35 AHCF shall not exceed and are capped at twenty-two million dollars 36 ($22,000,000) per year, the total capped fund thirty-nine million eight
1 (D)(i)(6)(A) Three million dollars ($3,000,000) shall be 2 transferred annually from the AHCF to the Arkansas Department of Emergency 3 Management on a quarterly basis for the Arkansas 911 Rural Enhancement 4 Program to fund: 5 (i) The statewide Smart911 system in the amount of 6 six hundred thousand dollars ($600,000) annually; 7 (ii) The SmartPrepare System in the amount of two 8 hundred twenty-five thousand dollars ($225,000) annually; 9 (iii) The 911 administration system for emergency 10 management under the Arkansas Emergency Services Act of 1973, § 12-75-101 et 11 seq., in the amount of one hundred seventy-five thousand dollars $175, 12 annually; and 13 (iv) Arkansas counties for 911 public safety 14 answering points in the amount of two million dollars ($2,000,000) annually. 15 (B)(i) Funding for counties under subdivision 16 (e)(6)(A)(iv) of this section shall be transferred based on county population 17 and distributed as follows: 18 (a) The twenty-five (25) least-populated 19 counties shall receive equal portions of fifty percent (50%) of the available 20 funds; 21 (b) The next twenty-five (25) least-populated 22 counties shall receive equal portions of thirty-five percent (35%) of the 23 available funds; and 24 (c) The remaining twenty-five (25) counties 25 shall receive equal portions of fifteen percent (15%) of the available funds. 26 (ii) County population shall be calculated based on 27 current data from the Geography Division of the United States Bureau of the 28 Census. 29 (7)(A)(i) The commission shall provide quarterly reports to the 30 Legislative Council. The reports shall include, but shall not be limited to, 31 without limitation the number of requests for grants, the number of grants 32 awarded, the amount awarded, and the number of additional customers served. 33 (ii) The commission shall notify members of the 34 General Assembly of grants made in their districts. 35 (E) (B) In order to To allow time for potential applicants 36 to request grants, no grants shall be awarded for three (3) months after the
1 effective date of the rules establishing the program. 2 3 Section 19. Arkansas Code §23-17-405(c), concerning eligible 4 telecommunications carriers, is amended to read as follows: 5 (c)(1) In exchanges or wire centers where the commission has 6 designated more than one (1) eligible telecommunications carrier, the 7 commission shall permit a local exchange carrier to relinquish its 8 designation as an eligible telecommunications carrier, consistent with 47 9 U.S.C. §214(e)(4), upon a finding that at least one (1) eligible 10 telecommunications carrier will continue to serve the area. 11 (2) In an area in which a carrier is not an eligible 12 telecommunications carrier, the carrier may: 13 (A) Continue providing services, including universal 14 services; and 15 (B)(i) Discontinue providing services, including universal 16 services. 17 (ii) If a carrier discontinues providing a service 18 under subdivision (c)(2)(B)(i) of this section, the carrier shall notify 19 affected customers in writing at least ninety (90) days before discontinuing 20 the service. 21 22 Section 20. Arkansas Code §23-17-411(f)(1), concerning regulatory 23 reform, is amended to read as follows: 24 (f)(1) In order to eliminate outdated, unnecessary, and burdensome 25 laws and regulations, electing companies, incumbent local exchange carriers 26 filing notice under § 23-17-412, and competing local exchange carriers shall 27 not be subject to the requirements of §§ 23-2-304(a)(1), (7), and (8), 23-2- 28 306, 23-2-307, 23-3-101 — 23-3-107, 23-3-112, 23-3-114, 23-3-118, 23-3- 29 119(a)(2), 23-3-201, 23-3-206, 23-3-301 — 23-3-316, 23-4-101 — 23-4-104, 23- 30 4-107, 23-4-109, 23-4-110, 23-4-201(d), 23-4-401 — 23-4-405, and 23-4-407 — 31 23-4-419, and 23-17-113, or the commission's rules and regulations 32 implementing the statutes. 33 34 35 SECTION 21. Effective July 1, 2013, Arkansas Code § 23-17-411(f), 36 concerning regulatory reform measures, is amended to add additional
1 rules:; 2 (iii) Resulting from ETC increases in response to 3 the Federal Communications Commission benchmark legislation, rules, or 4 procedures; or 5 (iv) Necessary to meet a local rate threshold for 6 purposes of receiving maximum support from a federal universal support 7 mechanism or program. 8 (B) Unless a company provides an affidavit to the Arkansas 9 Public Service Commission stating the separately identified language 10 requirements of this subdivision (i)(1)(B) would cause a hardship based on 11 the billing system limitations of the company: 12 (i) A local service rate increase under subdivision 13 (i)(1)(A)(iii) of this section may be identified separately on the customer's 14 bill with descriptive language as increases mandated to comply with the 15 Federal Communications Commission benchmark legislation rules; and 16 (ii) The Federal Communication Commission's Access 17 Recovery Charge may be identified separately with appropriate descriptive 18 language on the customer's bill. 19 20 SECTION 24. Arkansas Code § 23-17-416(a), concerning intrastate 21 common line charges, is amended to read as follows: 22 (a)(1)(A) Except as provided in § 23-17-404(e)(4)(D)(i)(b), beginning 23 January 1, 2004 through June 30, 2013, intrastate carrier common line charges 24 billed to ILECs and underlying carriers shall be determined at the rate of 25 one and sixty-five hundredths cents (1.65¢) per intrastate access minute. 26 (B) Except as provided in § 23-17-404(e)(4)(D)(i)(b), 27 beginning July 1, 2013, intrastate carrier common line charges billed to 28 ILECs and underlying carriers shall be determined at the rate of one and 29 sixty-five hundredths cents (1.65¢) per originating intrastate access minute. 30 (2) The carrier common line charge is not a tax and is not 31 affected by state laws governing taxation. 32 33 SECTION 25. Arkansas Code § 23-17-416(b)(1), concerning the 34 calculation of payments to the AICCLP, is amended to read as follows: 35 (b)(1) Each underlying carrier's monthly payment to the AICCLP shall 36 include the sum of the underlying carrier's share of the AICCLP's net revenue
1 requirement for the remaining incumbent local exchange carriers, the 2 underlying carrier's portion of the Arkansas Calling Plan Fund and Extension 3 of Telecommunications Facilities Fund expense, that has been adjusted to 4 reflect the originating intrastate revenue requirement of each AICCLP member 5 and the AICCLP administrative expenses. 6 7 SECTION 26. Arkansas Code § 23-17-416(e)(4), concerning the 8 calculation of payments to the AICCLP, is amended to read as follows: 9 (4)(A) The administrator shall determine the total monthly 10 amount due to the AICCLP from AICCLP members, exiting ILECs, and underlying 11 carriers, based upon the sum of the monthly carrier common line net revenue 12 requirement of AICCLP members, funding requirements for the Arkansas Calling 13 Plan Fund and the Extension of Telecommunications Facilities Fund, and the 14 AICCLP administrative fees. 15 (B)(i) On or before June 30, 2013, the administrator 16 shall change the AICCLP tariff on file with the Arkansas Public Service 17 Commission to reflect only the originating intrastate revenue requirements 18 for each AICCLP member based on the Federal Communications Commission's order 19 In the Matter of Connect America Fund et al., FCC 11-161, released November 20 18, 2011, providing that the intrastate carrier common line terminating 21 access rate chargeable by telecommunications carriers shall be set at the 22 interstate rate for carrier common line terminating access. 23 (ii) To properly administer the AICCLP, the 24 administrator shall subtract the terminating intrastate revenue requirement 25 amount that should have been transferred to the FCC ICC-CAF funding from the 26 intrastate revenue requirements listed in the AICCLP tariff to ensure that 27 the funding for the amounts attributed to the AICCLP member’s intrastate 28 revenue requirement represent only the originating portion of the revenue 29 requirement. 30 31 SECTION 27. Arkansas Code § 23-17-416(h)(4), concerning the 32 calculation of payments to the AICCLP, is amended to read as follows: 33 (4)(A) For each ILEC exiting the pool on December 31, 2003, the 34 administrator shall use the appropriate data to determine the payment that 35 the exiting ILECs shall pay the pool to fund their portion of the Arkansas 36 Calling Plan Fund and Extension of Telecommunications Facilities Fund.
