Section 23-17-119 - Surcharges to provide telecommunications for Deaf, deaf, and Hard of Hearing - Definitions(a) As used in this section:(1) "Commercial mobile radio service" means the same as defined at § 12-10-303; and(2) "Prepaid wireless telecommunications service" means a telecommunications service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including without limitation the download of a digital product delivered electronically and content and ancillary services, that is paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount.(b)(1) To fund the equipment distribution program established by § 20-79-401 et seq., the Arkansas Public Service Commission may impose a surcharge of up to: (A) Two-hundredths of a dollar ($0.02) per subject access line per month; and(B) Two-hundredths of a dollar ($0.02) per working subject telephone number per month.(2) Surcharges imposed by the commission under subdivisions (b)(1)(A) and (B) of this section shall: (B) Not apply to prepaid wireless telecommunications service.(c) The surcharges levied under this section shall be collected by the local exchange carriers and commercial mobile radio service providers from their customers and remitted to the Department of Finance and Administration for deposit as special revenues into the State Treasury to the credit of the Telecommunications Equipment Fund for the equipment distribution program under § 20-79-401 et seq.(d)(1) At the close of the fiscal year, a determination shall be made as to whether or not the amount of revenues collected under this section is equal to or exceeds three (3) times the annual expenditures of the equipment distribution program.(2)(A) If the amount of revenues collected under this section is determined to be at least three (3) times the annual expenditures of the equipment distribution program under subdivision (d)(1) of this section, then a petition to cease collection of the surcharge shall be filed with the commission.(B) A petition to reinstate collection of the surcharge shall not be filed until one-half (1/2) of the surplus has been exhausted.Amended by Act 2021, No. 263,§ 1, eff. 7/28/2021.Amended by Act 2021, No. 84,§ 15, eff. 7/28/2021.Acts 1995, No. 501, § 4; 2011, No. 173, § 2.