StrickenARKANSAS languageSENATE would93rd beGeneral deletedAssembly from- andRegular underlinedSession, language2021 wouldAmendment beForm added______________________________________________________________________ toSubtitle presentof law.Senate Bill No.

State74 ofTO ArkansasAMEND AsTHE Engrossed:TELECOMMUNICATIONS REGULATORY REFORM ACT OF 2013;

S1/20/21 S1/25/21 93rd General Assembly A Bill Regular Session, 2021 SENATE BILL 74 5 By:

Senators Hill, B.

Davis, Irvin By:

Representatives Evans, Vaught 8 For An Act To Be Entitled AN ACT TO AMEND THE TELECOMMUNICATIONS REGULATORY REFORM ACT OF 2013;

TO ALLOW A GOVERNMENT ENTITY TO PURCHASE FROM A PRIVATE PROVIDER AND PROVIDE VOICE, DATA, BROADBAND, VIDEO, OR WIRELESS TELECOMMUNICATIONS SERVICES;

TO DECLARE AN EMERGENCY;

AND FOR OTHER PURPOSES.

Subtitle TO AMEND THE TELECOMMUNICATIONS REGULATORY REFORM ACT OF 2013;

BE______________________________________________________________________ ITAmendment ENACTEDNo. BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION2 1.to Senate Bill 74 Amend Senate Bill No.

Arkansas74 Code § 23-17-403(26), concerning the definition of "government entity" under the Telecommunications Regulatory Reform Act of 2013, is amended to read as follows:originally introduced:

(26)Page “Government2, entity”line includes6, withoutdelete limitation"(2)" all Arkansas state agencies, commissions, boards, authorities, and allsubstitute Arkansas"(2)(A)" publicAND educationalPage entities,2, includingdelete schoolline districts,15, and politicalsubstitute subdivisions,the includingfollowing: incorporated and unincorporated cities and towns and all institutions, agencies or instrumentalities of municipalities, consolidated utility districts, and county governments;

SECTION"indirectly, 2.basic local exchange service Except as provided in subdivision (b)(2)(B) of this section, a government entity may provide," AND Page 2, line 17, delete "(A)" and substitute "(i)" AND Page 2, line 18, delete "(B)" and substitute "(ii)" AND Page 2, line 19, delete "(C)" and substitute "(iii)" AND Page 2, line 20, delete "(D)" and substitute "(iv)" AND Page 2, delete line 21, and substitute the following:

Arkansas"(v) CodeWireless §telecommunications 23-17-409(b),services. concerning the authorization of competing local exchange carriers under the Telecommunications Regulatory *ANS122* 01-25-2021 13:43:05 ANS122 As Engrossed:

S1/20/21(B) S1/25/21This SB74subdivision Reform(b)(2) Actdoes not apply to state agencies as defined in § 25-4-103." *.ANS143* ANS143 - 01-19-2021 09:38:25 Page 1 of 2013,3 isAND amendedPage to2, readline as22, follows:delete "(3)" and substitute "(3)(A)" AND Page 2, delete line 31, and substitute the following:

(b)(1)"Act Exceptof as1997, otherwise§ provided25-4-101 inet subdivisionsseq (b)(2),Except andas (b)(5),provided andin (b)(6)subdivision (b)(3)(B) of this section, a government entity may notacquire, shallconstruct," notAND provide,Page directly2, orline indirectly,35, basicdelete local"(A)" exchange,and voice,substitute data,"(i)" broadband,AND video,Page or2, wirelessline telecommunications36, services.delete "(B)" and substitute "(ii)" AND Page 3, line 1, delete "(C)" and substitute "(iii)" AND Page 3, line 2, delete "(D)" and substitute "(iv)" AND Page 3, delete line 3, and substitute the following:

(2)"(v) AfterWireless reasonable notice to the public and a public hearing, a government entity owning an electric utility system or television signal distribution system may provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications servicesservices. and make any telecommunications capacity or associated facilities that the government entity now owns, or may construct or acquire, available to the public upon terms and conditions as may be established by the government entity's governing authority, except the government entity may not use the telecommunications capacity or associated facilities to provide, directly or indirectly, basic local exchange service.

(3)(B) AnyThis restrictionsubdivision contained(b)(3) indoes this subsection shall not beapply applicable to thestate provisionagencies of telecommunications services to the extent the telecommunications services are used solely for 911, E911, or other emergency and law enforcement services, or for the provision of data, broadband, or non-entertainment video telecommunications services or facilities by or to a medical institution or an institution of higher education to its students, faculty, staff, or patients, as thedefined provisionin of§ the25-4-103." telecommunicationsAND servicesPage or3, facilitiesdelete relatesline to17, academic, research, and healthcaresubstitute information technology applications under the Arkansasfollowing: Information Systems Act of 1997, § 25-4-101 et seq.

(4)"telecommunications This section does not prohibit a A government entity from purchasing may purchase voice, data, broadband, video, or wireless telecommunications services, directly or indirectly, from a private provider through a contract administered and services managedto by the Divisionpublic ofin Information Systems under the Arkansasunserved Informationareas. Systems Act of 1997, § 25- 4-101 et seq.

(5)(6)(A)(i) AfterIf reasonable notice to the public, a A government entity may,chooses onto itsraise ownfunds orthrough in partnership with a privatebond entity,initiative, apply for funding under a program for grants or loans to be used for the construction,government acquisition,entity orshall leasingpartner ofwith facilities,a land,private orentity buildings used to deployprovide broadbandservices. service services in unserved areas, as defined under the terms of 01-25-2021 13:43:05 ANS122 As Engrossed:

S1/20/21(ii) S1/25/21In SB74order to execute the grantingbond orinitiative lendingunder program,subdivision and(b)(6)(A)(i) ifof thethis fundingsection, isthere awarded,shall thenbe provide,transparency directlythrough ordue indirectly,notice voice,of data,a broadband,public video,hearing, ora wirelessfeasibility telecommunicationsstudy servicesincluding tothe financial stability of the publicproject, inand a majority vote of the unservedcitizens areas.of the area financially responsible for the project.

(6)(A)(B) AThis governmentsubdivision entity(b)(6) maydoes acquire,not construct,apply furnish,to equip,state own,agencies operate,as sell,defined convey, lease, rent, let, assign, dispose of, contract for, or otherwise deal in facilities§ and25-4-103." apparatusANS143 for- one01-19-2021 (1)09:38Amendment orNo. more of the following:

(i)2 Voiceto services;Senate Bill 74 Page 2 of 3 The Amendment was read the first time, rules suspended and read the second time and _______________________ By:

(ii)Senator DataHill services;ANS/ANS - 01-19-2021 09:38:25 _________________________ ANS143 Secretary ANS143 - 01-19-2021 09:38:25 Amendment No.

(iii)2 Broadbandto services;Senate Bill 74 Page 3 of 3

(iv) Video services;

or (v) Wireless telecommunications services.

(B) If a government entity, other than a government entity qualified to provide services under subdivision (b)(2), subdivision (b)(3), or subdivision (b)(5) of this section, issues bonds or other indebtedness to acquire, construct, furnish, or equip facilities for the provision of voice services, data services, broadband services, video services, or wireless telecommunications services through a special tax or general obligation bond initiative, then the government entity shall:

(i) Partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities to be acquired or constructed;

(ii) Conduct the due diligence required by the industry for the project and required by law for the bonds or indebtedness utilized for the project;

(iii) Provide notice at least ten (10) days before a public hearing on the project;

(iv) After due notice has been provided as described in subdivision (b)(6)(B)(iii) of this section, conduct a public hearing on the project;

and (v) Cause an election to be held as required by law.

SECTION 3.

EMERGENCY CLAUSE.

It is found and determined by the General Assembly of the State of Arkansas that voice, data, broadband, video, and wireless telecommunications services are necessities;

that without access to voice, data, broadband, video, and wireless telecommunications services, 01-25-2021 13:43:05 ANS122 As Engrossed:

S1/20/21 S1/25/21 SB74 citizens of Arkansas also lack access to healthcare services, education services, and other essential services;