§ 23-17-120 - Establishment of calling plans.
23-17-120. Establishment of calling plans.
(a) (1) The Arkansas Public Service Commission by regulation shall establish calling plans in telephone exchanges in the state.
(2) The commission shall determine the size of exchanges that will be eligible for the calling plan.
(b) (1) The commission may establish end-user charges for the plan in an amount not to exceed two dollars and fifty cents ($2.50) per month per access line to be applied in the affected exchanges. In addition the commission may establish usage-based charges or other end-user charges as appropriate to fund the plan.
(2) The plan shall be funded by customer charges under subdivision (b)(1) of this section and by the Arkansas Calling Plan Fund established by 23-17-404(e)(4)(D).
(c) The plan may vary among telephone exchanges based on factors determined by the commission.
(d) In establishing the calling plan, the commission shall consider basic local exchange rates, calling scopes, the ability of customers to call the county seat, access to industry and business, the cost of providing the calling plan, and the availability of funding from the fund.
(e) The plan provided to different telephone exchanges may vary in minutes in the plan and the cost to customers for the plan and may be either mandatory or optional plans.
(f) Any mandatory plan shall be subject to approval through a balloting process by the customers of the exchanges that would be subject to the monthly end-user charge associated with the proposed plan. A minimum of fifty-one percent (51%) of the ballots returned must be in favor of the proposed calling plan in order for the proposed calling plan to be implemented.
(g) (1) Incumbent local exchange carriers shall not be entitled to Arkansas Universal Service Fund recovery for lost toll revenues associated with the implementation of these calling plans.
(2) In establishing the plans, the commission is required to ensure that all costs to incumbent local exchange carriers of implementing such plans, including, but not limited to, lost toll and access revenues, network and equipment costs, and costs incurred to terminate associated plan traffic are fully compensated by the combination of end-user charges and funds provided to each incumbent local exchange carrier from the fund.
(3) Lost toll revenues shall be determined by a two-month study of actual toll usage and revenues for traffic on the proposed route.