(a)

1. (1) Municipalities, unincorporated communities, and counties, or interdependent sets of these jurisdictions as described in 15 CAR § 183-311(a) and following, will be eligible for ARC grant funding if they meet the following criteria:

   1. (A) No more than eighty percent (80%) of the population currently has broadband coverage;
   2. (B) The population is at least five hundred (500); and
   3. (C) The population unserved with broadband is at least two hundred (200).

2. (2) The determination of eligibility shall be made, in the absence of special data collection efforts, using the best available data sources that are consistent across geographies and sufficiently granular, which at the time of writing are the:

   1. (A) FCC Form 477 data for broadband coverage; and
   2. (B) Most recent United States Bureau of the Census data for the block level.

3. (3) Where special data collection efforts are organized in order to establish ARC grant eligibility, the Arkansas Department of Commerce Broadband Office shall:

   1. (A) Assess the validity of the data; and
   2. (B) Make an eligibility determination with full disclosure of its reasons for finding an area eligible or ineligible, by the criteria, on the basis of the evidence provided in combination with public data sources.

(b) ISPs will be eligible to participate in ARC grant-funded projects if they have:

1. (1) A one-year track record of providing broadband coverage (meaning at least 25/3 speeds, at least one hundred fifty gigabytes (150 GB) of data usage per month without throttling, and no more than one hundred milliseconds (100 ms) latency, see 15 CAR § 189-102) to at least five hundred (500) retail customers; and
2. (2) Enough working capital to carry on construction activities in pursuit of project goals in advance of quarterly reimbursement from the Arkansas Economic Development Commission, as demonstrated by appropriate financial statements (see 15 CAR § 189-503(7)).