(a)
- (1) When the ISP has completed deployment to ninety-five percent (95%) of locations in the project footprint, it shall notify the Arkansas Department of Commerce Broadband Office and the municipality, unincorporated community, or county of that fact.
- (2) At that time, the broadband office shall do a desk assessment of whether the ISP is in fact advertising the services that it promised to deliver so that citizens living in the project footprint could discover and sign up for the service.
(3) The responsible public officials shall:
- (A) Collect, or cause to be collected, with the advice of the broadband office as needed, information sufficient to affirm that the project appears to be complete and broadband service has been made available to at least ninety-five percent (95%) of project footprint residents; and
- (B) Publish the contact info of an official tasked with hearing complaints from citizens who believe that their homes are still not being offered service as required by the ARC grant.
(4) The broadband office shall:
- (A) Review this information as well as evidence from its own desk research; and
- (B) If the evidence is sufficient:
(i) Announce that the project has completed the main deployment phase; and
- (ii) Authorize the release of any remaining disbursable grant funds.
(b)
- (1) After deployment to ninety-five percent (95%) of locations has been completed, the ISP may cease broadband deployment activities within the project footprint until its cumulative revenues exceed its cumulative operating costs within the project footprint.
- (2) If this never happens prior to full project closure on January 1, 2030, the ISP will never be required under the terms of the ARC grant to make broadband service available to the remaining five percent (5%) of locations.
- (3) But if revenues exceed operating costs in the project footprint, resulting in positive net income, this net income shall be reinvested in deployment to the remaining five percent (5%) of locations until one hundred percent (100%) of the locations in the project footprint have broadband service available.
- (4) When one hundred percent (100%) of locations have broadband service available, any further net income is at the ISP’s disposal to return to owners as profit or invest in other projects.