1. (a)

   1. (1) The purpose of this part is to conform the ARC program with the Interim Final Rule for Coronavirus State and Local Fiscal Recovery Funds and any subsequently promulgated rules and guidance issued by the United States Department of the Treasury (the “federal rules”) whenever American Rescue Plan Act of 2021, Pub. L. No. 117-2, funds are the source of funding for ARC grants.
   2. (2) The Arkansas Rural Connect Broadband Grant Program rule, 15 CAR pt. 189, and Arkansas Rural Connect Coronavirus Rule, 15 CAR pt. 190, will govern the terms of any grants issued using American Rescue Plan Act of 2021 funds except when the terms of the Arkansas Rural Connect Coronavirus Rule and Arkansas Rural Connect Broadband Grant Program rule conflict with the applicable federal rules, in which case the federal rules will control and be incorporated into the ARC program grant agreement with the ISP.

2. (b)

   1. (1) Under the federal rules, projects funded in whole or in part with American Rescue Plan Act of 2021 funds must be able to provide synchronous bandwidths of one hundred megabits per second (100 Mbps) download and one hundred megabits per second (100 Mbps) upload.
   2. (2) Where impractical due to geographical, topographical, or financial constraints the upload speed can be between twenty megabits per second (20 Mbps) and one hundred megabits per second (100 Mbps) in such instances.
   3. (3) The internet service provider (ISP) must submit a letter detailing why the upload speeds cannot be obtained at one hundred megabits per second (100 Mbps), and the Arkansas Department of Commerce Broadband Office (“broadband office”) will determine if the ISP letter is approved for the requested bandwidth modification.
   4. (4) Those projects with an approved request for bandwidth modification must be scalable to one hundred megabits per second (100 Mbps) upload speed.

3. (c)

   1. (1) Guidance issued by the United States Department of the Treasury in connection with the promulgation of its interim final rule indicates that a fiber-optic or wireline infrastructure may be used to build out broadband networks using American Rescue Plan Act of 2021 funds.
   2. (2) The broadband office has requested clarification from the United States Department of the Treasury as to whether fixed wireless infrastructure may be used when funded with American Rescue Plan Act of 2021 funds.
   3. (3) In the absence of confirmation from the United States Department of the Treasury that American Rescue Plan Act of 2021 funds may be used to deploy fixed wireless infrastructure, the broadband office will not approve any ARC program applications that rely on fixed wireless infrastructure.

Codification Notes: "ARC" means Arkansas Rural Connect Broadband Grant Program. This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote to subsection (a) following the phrase "to conform the ARC program with the Interim Final Rule for Coronavirus State and Local Fiscal Recovery Funds" as follows: "31 C.F.R. § 35.6 (2021)."