Ark. Code Ann. § 23-19-202 (2020)

As used in this subchapter:

1. “Access to video service” means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or the service is provided at the address;
2. “Books and records” includes without limitation:
   1. Records kept in the regular course of business and that are not limited to accounting records;
   2. Billing detail records; and
   3. Tax billing detail records;
3. “Cable service” means the same as defined in 47 U.S.C. § 522, as it existed on January 1, 2013;
4. “Certificate of franchise authority” means a certificate issued by the Secretary of State to a video service provider under this subchapter;
5. 1. 1. “Franchise” means the same as defined in 47 U.S.C. § 522, as it existed on January 1, 2013.
      2. A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542, as it existed on January 1, 2013.
   2. “Franchise” also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision;
6. “Franchising entity” means this state or a city or county in this state authorized by state or federal law to grant a franchise;
7. “Governing body” means the city council or the county quorum court of a political subdivision;
8. “Incumbent video service provider” means a person that provides cable or video service and holds a franchise issued by a political subdivision before July 1, 2013;
9. “Nonincumbent video service provider” means:
   1. A person authorized under this subchapter to provide video service in an area in which video service is being provided by an incumbent video service provider;
   2. A person authorized under this subchapter to provide service in a geographical area in which on July 1, 2013, there was no incumbent video service provider providing video service; or
   3. Any other person that provides video service after March 6, 2013, that is not an incumbent video service provider;
10. “Political subdivision” means a city, county, or other governmental entity of the state having maintenance and operation responsibility over the public rights-of-way in a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity;
11. “Public rights-of-way” means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement dedicated for compatible uses;
12. “Service area” means contiguous geographical territory in the state where a video service provider may provide video service under a certificate of franchise authority;
13. “Service tier” means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider;
14. 1. “Subscriber” means a person in this state that buys video service.
    2. “Subscriber” does not include a person that buys video service for resale and that, on resale, is required to pay a video service provider fee under this subchapter or under the terms of a franchise with a political subdivision;
15. 1. “Video service” means the delivery of video programming to subscribers in which:
       1. The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including Internet protocol technologies; and
       2. The service is provided primarily through equipment or facilities located in whole or in part in, on, under, or over any public right-of-way.
    2. “Video service” includes cable service and video service delivered by a community antenna television system but excludes video programming:
       1. Provided to persons in their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d), as it existed on January 1, 2013; or
       2. Provided as part of and via a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet;
16. “Video service provider” means a provider of video service, including without limitation a cable service provider, an incumbent video service provider, and a nonincumbent video service provider; and
17. “Video service provider fee” means the amount paid by a video service provider to a political subdivision under § 23-19-206.

History. Acts 2013, No. 276, § 2.