15 CAR § 194-207 – Area and MDU challenge | Midpage
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15 CAR § 194-207
Area and MDU challenge
Arkansas Code § 15-4-209
(a) ARConnect will administer area and multiple dwelling unit (MDU) challenges for challenge types A, S, L, D, and T.
(b)
(1) An area challenge reverses the burden of proof for availability, speed, latency, data caps, and technology if a defined number of challenges for a particular category, across all challengers, have been submitted for a provider.
(2) Thus, the provider receiving an area challenge or MDU must demonstrate that they are indeed meeting the availability, speed, latency, data cap, and technology requirement, respectively, for all (served) locations within the area or all units within an MDU.
(3) The provider can use any of the permissible rebuttals listed in the table above.
(c) An area challenge is triggered if six (6) or more broadband serviceable locations within a single census block group using a particular technology and a single provider within a census block group submit the same type of challenge.
(d) An MDU challenge requires challenges by at least three (3) units or ten percent (10%) of the unit count listed in the Fabric within the same broadband serviceable location, whichever is larger.
(e)
(1) Each type of challenge and each technology and provider is considered separately, i.e., an availability challenge (A) does not count towards reaching the area threshold for a speed (S) challenge.
(2) If a provider offers multiple technologies, such as DSL and fiber, each is treated separately since they are likely to have different availability and performance.
(f)
(1) Area challenges for availability need to be rebutted with evidence that service is available for all BSLs within the census block group, e.g., by network diagrams that show fiber or hybrid fiber-coaxial infrastructure or customer subscribers.
(2) For fixed wireless service, the challenge system will randomly sample at least ten (10) broadband serviceable locations from the area in contention where the provider must demonstrate service availability and speed (e.g., with a mobile test unit).