126.03.07 Ark. Code R. § 001 - Telecommunications Providers Rule 16.01 - Public Interest Payphone Service

Current through Register Vol. 2021, No. 11, November, 2021

V. PUBLIC TELEPHONE SERVICE
SECTION 16. PUBLIC TELEPHONE SERVICE
Rule 16.01 Public Interest Payphone Service

To request that a public interest payphone be installed or operated in an exchange, an individual, municipality, governmental entity, nonprofit corporation or public service organization shall submit a written request to the Commission's General Staff identifying a specific public health, safety or welfare objective which will be served by installation or operation of a public interest payphone within the requested exchange. If the General Staff determines, after review and investigation of the written request, that the request is justified and should be granted, it shall notify the eligible telecommunications carrier serving the requested exchange of the pending request and its determination. Unless the eligible telecommunications carrier submits written notification to the General Staff challenging its determination of need within twenty (20) days of the receipt of the General Stars notice, the eligible telecommunications carrier must ensure that at least one public interest payphone, providing continuous twenty-four (24) hour service in a well-lighted area, is accessible to the public at all times in the exchange designated by the requesting party.

If the eligible telecommunications carrier submits a written notification challenging the General Staff's determination of need, the General Staff shall request that the Commission commence a proceeding naming the eligible telecommunications carrier to resolve whether a public health, safety or welfare objective would be served by installing or operating a public interest payphone within the requested exchange.

Under no circumstances shall an eligible telecommunications carrier be required to install or operate a public interest payphone in response to such a request if it can demonstrate that:

(1) Another telecommunications provider is already providing a payphone within the exchange, or
(2) The installation and/or maintenance of a public interest payphone within the requested exchange would be an undue/costly burden on the eligible telecommunications carrier.

Notes

126.03.07 Ark. Code R. § 001
3/26/2007

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