(a)
(1) When broadband coverage is available to at least ninety-five percent (95%) of the locations in the project footprint and all other project objectives have been achieved, the ISP may:
- (A) Alert the Arkansas Department of Commerce Broadband Office and the municipality, unincorporated community, or county of the fact; and
- (B) Initiate the process by which deployment is certified to be complete and the remaining reimbursements are released.
(2)
- (A) The responsible public official shall then collect, or cause to be collected, information to confirm that deployment has been completed and broadband service is available to at least ninety-five percent (95%) of locations.
- (B) If necessary, the broadband office shall provide a process for how to collect this information.
- (3) At this point, the portion of the reimbursement that has been held back by the Arkansas Economic Development Commission to ensure project completion may be released to the ISP.
- (4) The ISP may wait to establish service to the remaining five percent (5%) of the locations in the project footprint until it is getting positive net income from the project, but it shall not transfer any net income from the project to shareholders or other projects, reinvesting it instead, until one hundred percent (100%) of locations have been served.
(b) After deployment is complete:
- (1) The broadband office may request reports on project status from the ISP up to twice per year, as explained in section 15 CAR § 189-804(b); and
- (3) The municipality, unincorporated community, or county shall submit biannual reports to the broadband office, as explained in 15 CAR § 189-804(c).
- (c) If service is never established, or is suspended, without a waiver from the broadband office, penalties will be assessed against the ISP, as described in 15 CAR § 189-503(5).
(d)
- (1) Full project closure will occur on January 1, 2030, for all ARC projects unless otherwise specified in the application materials, and obligations to report and to provide service will cease at that time.
- (2) If the ISP and the coapplicant public official agree to a different project closure date in the original application, project closure without penalties may occur at an agreed upon date earlier, but not later, than January 1, 2030.