Cybertelecom Federal Internet Law & Policy An Educational Project

Arkansas

Cybercrime

Ark. Code

5-41-104. Computer trespass.

(a)  A person commits computer trespass if the person intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.

(b)  Computer trespass is a:

(1)  Class C misdemeanor if it is a first violation that does not cause any loss or damage;

(2)  Class B misdemeanor if it is a:

(A)  Second or subsequent violation that does not cause any loss or damage; or

(B)  Violation that causes loss or damage of less than five hundred dollars ($500);

(3)  Class A misdemeanor if it is a violation that causes loss or damage of five hundred dollars ($500) or more, but less than two thousand five hundred dollars ($2,500); and

(4)  Class D felony if it is a violation that causes loss or damage of two thousand five hundred dollars ($2,500) or more.

Broadband

• ARK. CODE ANN. § 4-113-101–105 (2007)

Municipal Broadband

• Paragould | Paragould Light Water and Cable | Internet Lite $25.95 / month | Cable |
• Cable in 1991, now telco/data 1991 Total Cap Investment $10 million - $1,000 investment per household - $145 per sub, excluding interest & capital costs. Bought only competitor, Cablevision, in 1998; now with 10,092 cable, 552 access lines. Municipal Broadband: Digging Beneath the Surface, Balhoff & Rowe, LCC, p. 34 (Sept. 2005)
• Conway Corp.
• Paragould Light and Water Commission
• Intranet
• Arkansas Wireless Information Network " Currently twelve state agencies use eight different independent radio systems. Additional independent systems are in use by each of the 75 counties and the various municipalities. The AWIN project was created to design and deliver a single, reliable, shared-use wireless voice and data system that provides statewide coverage and interoperability to public safety and public service entities. Similar programs in other states and at the federal level have adopted this concept of a shared system approach. "
• Law: 14-143-109(c) Local Government: Powers and Authority Generally "Nothing herein, however, authorizes this authority or any municipality, county, or state to provide, directly or indirectly, basic local exchange service"
• 23-17-409(b)(1)  A government entity may not provide, directly or indirectly, basic local exchange service. 

  (2)  After reasonable notice to the public and a public hearing, a governmental entity owning an electric utility system or television signal distribution system may make any telecommunications capacity or associated facilities that it now owns, or may hereafter acquire, available to the public upon terms and conditions as may be established by its governing authority, except the government entity may not use the telecommunications capacity or facilities to provide, directly or indirectly, basic local exchange service. 

  (3)  Any restriction contained in this subsection shall not be applicable to the provision of telecommunications services or facilities to the extent used solely for 911, E911, other emergency services, educational or medical purposes, or for the provision of telecommunications services or facilities by an educational institution to its students. 

• Municipalities may not be LECs. APPA Sept 2005
• Free Press "Arkansas law prohibits municipal entities from providing basic local exchange services"
• Sharon Gillett, Municipal Trends, p. 22 Broadband Properties Sept 2004 (Another type of policy sets servicebased restrictions. For example, Arkansas "prohibits municipal entities
  from providing basic local exchange services.")

VoIP

• "Time Warner Cable Information Services (California), LLC (Applicant) seeks a certificate of public convenience and necessity (CPCN) under Pub. Util. Code § 1001 for authority to provide limited facilities-based and resold local exchange and interexchange telecommunications services. By this decision, we grant the requested authority subject to the terms and conditions set forth below." (approved without reference to VoIP technology)

• Time Warner OK with VoIP regulation CNET Nov 13, 2003

EAS

• Emergency Email Network