§ 14-200-101 - Jurisdiction over utilities -- Appeal.
               	 		
14-200-101.    Jurisdiction over utilities -- Appeal.
    (a)  As  used in this section, "public utility" means any electric, gas, sewer,  or telephone company, and any company providing similar services, except  a company excluded from the definition of "public utility" under     23-1-101(9)(B)(ii), a consolidated utility district under    14-217-101  et seq., and a water or light commission under    14-201-101 et seq.
(b)    (1)  Acting  by ordinance or resolution of its council, board of directors, or  commission, every city and town shall have jurisdiction to:
            (A)    (i)  Except  as provided in    23-4-201, determine the terms and conditions upon  which the public utility may be permitted to occupy the streets,  highways, or other public places within the municipality, including  without limitation:
                        (a)  The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and
                        (b)  A reasonable franchise fee.
                  (ii)  The ordinance or resolution shall be deemed prima facie reasonable.
                  (iii)  A  franchise fee for a utility, including a telephone company providing  services other than basic local exchange service, shall not exceed the  higher of the amount in effect on January 1, 1997, or four and  one-quarter percent (4.25%), unless agreed to by the affected utility or  approved by the voters of the municipality;
            (B)  Require  a telephone company providing basic local exchange service to pay a  reasonable franchise fee not to exceed the higher of the amount of the  telephone company's franchise fee on January 1, 1997, or a fee equal to  four and one-quarter percent (4.25%) of the revenues received by the  telephone company from providing basic local exchange services, unless:
                  (i)  A higher rate or franchise fee is approved by the voters of the municipality; or
                  (ii)  The telephone company agrees to pay a higher percentage on services offered in addition to basic local exchange services;
            (C)  Require  of any public utility such additions and extensions to its physical  plant within the municipality as shall be reasonable and necessary in  the interest of the public and to designate the location and nature of  all such additions and extensions, the time within which they must be  completed, and all conditions under which they must be constructed; and
            (D)  Provide  a penalty for noncompliance with the provisions of any ordinance or  resolution adopted pursuant to the provisions of this chapter.
      (2)  Nothing  in this section shall limit the authority of the public utility to  collect from its customers residing in each municipality an amount that  equals the franchise fee assessed by the municipality on the public  utility.
      (3)  If franchise fees  assessed for basic local exchange services are based on revenues, the  revenues shall consist of revenues from basic local service, excluding,  among other things, extension, terminal equipment, toll, access, yellow  pages, and other miscellaneous equipment revenues.
      (4)    (A)  No  cause of action that challenges the right of a municipality to assess a  franchise fee against a public utility for permission to occupy the  streets, highways, or other public places within the municipality shall  result in the award of money damages.
            (B)  However,  consistent with the provisions of Arkansas Constitution, Article 16,     13, any cause of action for illegal exaction found to be meritorious may  result in the granting of injunctive relief.
(c)    (1)  Any  public utility affected by any such ordinance or resolution or any  other party authorized to complain to the Arkansas Public Service  Commission under    23-3-119 may appeal the action of the council or  commission by filing within twenty (20) days of receipt of notice of the  ordinance or resolution by the utility's registered agent for service  of process of the final action a written complaint with the commission  setting out how the ordinance or resolution is unjust, unreasonable, or  unlawful, whereupon the commission shall proceed with an investigation,  hearing, or determination of the matters complained of, with the same  procedure that it would dispose of any other complaint made to it, and  with like effect.
      (2)  Such appeal  shall not suspend the enforcement of any provisions of the ordinance or  resolution unless the commission, after a hearing and upon notice and  for good cause shown, orders the suspension conditioned upon the filing  of a bond with the commission as provided for in    23-4-408.
      (3)  Nothing  in this section shall be construed to in any way limit or restrict the  jurisdiction or the powers of the commission as in other sections  granted.
      (4)  In the event the  municipal boundaries of a city or town are altered or amended by  annexation or otherwise, the city or town shall notify the utility's  registered agent for service of process of the alteration or amendment,  and the utility shall not be liable for any additional franchise fees  for the right to furnish utility service or occupy the streets,  highways, or public places in newly added or annexed areas unless the  notice shall have been given.
(d)  In  all matters of which by this act the commission and cities and towns  are each given original jurisdiction, such jurisdiction shall be  concurrent. Cities and towns shall take no action with respect to any  matter under investigation by the commission until the matter has  finally been disposed of by the commission. The commission shall take no  action with respect to any matter which is the subject of an ordinance  or resolution pending before the council or commission of any city or  town until the matter has finally been disposed of.
(e)  Nothing  in this act shall deprive or be construed as depriving any municipality  of the benefits or rights accrued or accruing to it under any franchise  or contract to which it may be a party, and neither the commission nor  any court exercising jurisdiction under this act shall deprive the  municipality of any such benefit or right.
(f)    (1)  No  city or town may impose additional franchise fees upon any provider of  regulated broadband services under the Broadband Over Power Lines  Enabling Act,    23-18-801 et seq.
      (2)  A  city or town may impose franchise fees upon any provider of  nonregulated broadband services under the Broadband Over Power Lines  Enabling Act,    23-18-801 et seq., at the same rates that the city or  town charges other providers of broadband network services.