1. (a) If the request is for two-way EAS, customers in each requesting exchange must provide a customer petition or a resolution of the customers’ quorum court or other governing body.

2. (b) Petition by customers.

   1. (1) The petition must be in writing and comport with the requirements of the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR § 462-202.

   2. (2) The petition form shall include the following:

      1. (A) A description of the EAS route, including whether the EAS route is one-way or two-way EAS;
      2. (B) Notice that the petition is to request an election on the proposed EAS route;
      3. (C) Notice that, if approved by election, there will be a mandatory rate charged to all customers in the exchange;
      4. (D) Notice that an election will only be held if at least fifteen percent (15%) of the petitioning exchange customers sign the petition;
      5. (E) Notice that only ILEC customers within the requesting exchange may sign the petition; and
      6. (F) Columns for the petitioning exchange customer to print their name, address, telephone number, and sign the petition.

   3. (3)

      1. (A) For an election to occur, the petition must be signed by at least fifteen percent (15%) of the petitioning exchange customers.
      2. (B) For two-way EAS, both petitions must be signed by at least fifteen percent (15%) of the petitioning exchange customers.
      3. (C) At a customer’s request, the ILEC shall provide the number of signatures required to meet the fifteen-percent requirement.
   4. (4) Only one (1) signature per billing address shall be counted.

   5. (5)

      1. (A) The petition or petitions shall be filed with the secretary of the Arkansas Public Service Commission.
      2. (B) The petition or petitions may be filed by either the petitioning exchange customers or the ILEC.
      3. (C) Upon receipt of a petition, the secretary of the Arkansas Public Service Commission shall serve a copy on the affected ILEC or ILECs.

   6. (6) In addition to the original petition forms, the filing shall include a cover letter with:

      1. (A) A description of the request, such as one-way EAS, two-way EAS, the exchanges involved, etc.; and
      2. (B) The name of the ILEC or ILECs that provide service to the petitioning exchange customers.

   7. (7)

      1. (A) Within fifteen (15) days of the petition filing date, the ILEC shall certify to the Arkansas Public Service Commission that the petition was signed by at least fifteen percent (15%) of the petitioning exchange customers.
      2. (B) Validation of the petition shall be by telephone number and billing address.

3. (c) Resolution of the customers’ quorum court or other local governing body.

   1. (1) The resolution must be in writing and comport with the requirements of the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR § 462-202.

   2. (2) The resolution shall include:

      1. (A) A description of the request, such as one-way EAS, two-way EAS, the exchanges involved, etc.; and
      2. (B) The name of the ILEC or ILECs that provide service to the petitioning customers.

   3. (3)

      1. (A) The resolution shall be filed with the secretary of the Arkansas Public Service Commission.
      2. (B) The resolution may be filed by the quorum court or other local governing body or the ILEC.
      3. (C) Upon receipt of a petition, the secretary of the Arkansas Public Service Commission shall serve a copy on the affected ILEC or ILECs.

Codification Notes: This section was promulgated as Rule 12.01 of the Telecommunications Providers Rules prior to codification in the Code of Arkansas Rules.