1. (a) The Arkansas Department of Commerce Broadband Office or its designee will be assigned to monitoring of implementation of broadband infrastructure construction awarded to approved applicants.

2. (b) The broadband office or its designee:

   1. (1) Will strategically review guidelines for the ARC broadband implementation projects within each region and awarded ISP network; and
   2. (2) Shall report to the broadband office/Department of Commerce should areas fall into noncompliance.

3. (c) This manner of compliance verification shall be achieved by, but not limited to, the following three (3) stages:

   1. (1)

      1. (A) Initial stage.
      2. (B) Conduct preconstruction analysis of project scope prior to deployment;

   2. (2)

      1. (A) Mid stage.
      2. (B) Review project status updates (milestones) to ensure timely and proper implementation of network construction and related equipment and material installation.
      3. (C) Inspect (spot check) new construction sites in and around newly developed broadband areas and any improvements made to already existing broadband areas.
      4. (D) Oversight of the construction and tests of the new network segments and network topology to ensure the service delivery of a minimum of twenty-five megabits per second (25 Mbps) download/three megabits per second (3 Mbps) upload for end users regardless of geographical location; and

   3. (3)

      1. (A) Final project compliance.
      2. (B) Monitor the expenditure of awarded funds to ensure financial application is purposed as directed.
4. (d) The broadband office or its designee, upon occurrences of noncompliance, will report its findings to the Arkansas Economic Development Commission, which will require awardees to take appropriate remedial measures to return the project to compliance.

5. (e)

   1. (1) Funds must be used in the most efficient manner during deployment efforts.
   2. (2) Any discovery of misappropriated or misapplied funds must be reimbursed by the awardees and applied appropriately to the project, as intended.
   3. (3) Supporting documents shall be required from awardees demonstrating this was done.
   4. (4) Nothing in this section shall be construed as waiving the state’s sovereign immunity.
6. (f) Each project deployment shall be completed by the date specified by the broadband office, but in any event, each project funded with Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, funds shall be completed no later than December 31, 2021.

Codification Notes: “ARC” means Arkansas Rural Connect Broadband Grant Program. "ISP" means internet service provider.