1. (a) ARConnect will enumerate locations subject to enforceable commitments by using the BEAD Eligible Entity Planning Toolkit and consulting several data sets, including, but not limited to:

   1. (1) The Broadband Funding Map published by the Federal Communications Commission pursuant to Section 60105 of the Infrastructure Investment and Jobs Act of 2021, Pub. L. No. 117-58;
   2. (2) Data sets from state broadband deployment programs that rely on funds from the Capital Projects Fund and the State and Local Fiscal Recovery Funds administered by the United States Department of the Treasury; and
   3. (3) State and local data collections of existing enforceable commitments.

2. (b)

   1. (1) ARConnect will create a list of BSLs subject to enforceable commitments based on state/territory and local grants or loans.
   2. (2) If necessary, ARConnect will translate polygons or other geographic designations (e.g., a county or utility district) describing the area to a list of Fabric locations.
   3. (3) ARConnect will submit this list to the National Telecommunications and Information Administration in the format specified by the Federal Communications Commission Broadband Funding Map.

3. (c)

   1. (1) ARConnect will review its repository of existing state and local broadband grant programs to validate the upload and download speeds of existing binding agreements to deploy broadband infrastructure.
   2. (2) Where state or local programs did not specify broadband speeds, or when there is reason to believe the provider deployed higher broadband speeds than required, ARConnect will verify the deployment speeds of the binding commitment with the provider.
   3. (3) ARConnect will document this process by requiring providers to sign a binding agreement certifying the actual broadband speeds deployed.
4. (d) ARConnect drew on these provider agreements, along with its existing database on state and local broadband funding programs’ binding agreements, to determine the set of state and local enforceable commitments.

Codification Notes: Section 60105 of the Infrastructure Investment and Jobs Act of 2021 is codified at 47 U.S.C. § 1704. This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote to subdivision (a)(1) of this section as follows: "The broadband funding map published by FCC pursuant to IIJA § 60105 is referred to as the "FCC Broadband Funding Map.""