Ark. Code Ann. » Title 23 Chapter 17
Arkansas Code Annotated

Ark. Code Ann. § 23-17-408 (2026)

Regulatory framework for electing companies

✓ current as of May 2026
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  1. The earnings of an electing company shall not be subject to rate of return or rate-base monitoring or regulation, and the Arkansas Public Service Commission shall not consider rate of return, rate base, or the earnings of an electing company in connection with rate changes made pursuant to this section or § 23-17-407.
  2. An electing company is authorized to determine and account for its investments, revenues, and expenses, including depreciation expenses, pursuant to generally accepted accounting principles.
    1. An electing company may increase or decrease its rates for telecommunications services other than basic local exchange service and switched-access services and establish rates for new services by filing a tariff or a price list with the commission.
    2. The rates shall not require commission approval.
    3. The tariff or price list shall be effective upon filing or at a future time as the electing company shall designate.
    4. So long as rates for services are in accordance with this section and § 23-17-407, the rates are deemed just and reasonable.
    5. Any service that is not a telecommunications service is not subject to commission regulation, and rates for the services need not be filed with the commission.
  4. An electing company may package any of its services with any other service it or its affiliates offer, with or without a discount, provided that services whose rates are capped under § 23-17-407 may be purchased separately at the rate which is capped in accordance with § 23-17-407.

History. Acts 1997, No. 77, § 8.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Alltel Arkansas, Inc. v. Arkansas Pub. Serv. Comm'n, 19 S.W.3d 634 (Ark. Ct. App. 2000).
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Alltel Arkansas, Inc. v. Arkansas Pub. Serv. Comm'n, 19 S.W.3d 634 (Ark. Ct. App. 2000). · cites it 6× “Bethel also testified that ILECs could initiate optional calling plans or reclassify RBMOU from toll to local or intrastate to interstate, pursuant to Ark. Code Ann. §§ 23-17-408 (c) and 23-17-412(a) (Supp.”
Ark. Code Ann. § 23-17-408(c): 1 case
Alltel Arkansas, Inc. v. Arkansas Pub. Serv. Comm'n, 19 S.W.3d 634 (Ark. Ct. App. 2000). “Bethel also testified that ILECs could initiate optional calling plans or reclassify RBMOU from toll to local or intrastate to interstate, pursuant to Ark. Code Ann. §§ 23-17-408 (c) and 23-17-412(a) (Supp.”
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