- (a) If the ISP fails to deploy to ninety-five percent (95%) of locations in the project footprint by November 2022, the ISP is obligated to return all ARC grant funds disbursed to it for that project unless this requirement is waived by the Arkansas Department of Commerce Broadband Office.
(b) The broadband office may waive up to eighty percent (80%) of penalties if:
- (1) A substantial proportion of locations in the project footprint have received broadband coverage; and
- (2) The ISP exerted bona fide best efforts to achieve project goals but was prevented from doing so by adverse circumstances.