1. (a)

   1. (1) ARConnect will accept speed tests as evidence for substantiating challenges and rebuttals.
   2. (2) Each speed test consists of three (3) measurements, taken on different days.
   3. (3) Speed tests cannot predate the beginning of the challenge period by more than sixty (60) days.

2. (b) Speed tests can take four (4) forms:

   1. (1) A reading of the physical line speed provided by the residential gateway, i.e., DSL modem, cable modem (for HFC), optical network terminal (for fiber-to-the-home), or fixed wireless subscriber module;
   2. (2) A reading of the speed test available from within the residential gateway web interface;
   3. (3) A reading of the speed test found on the service provider’s web page; or
   4. (4) A speed test performed on a laptop or desktop computer within immediate proximity of the residential gateway, using a speed test application from the list of National Telecommunications and Information Administration-approved speed test applications.

3. (c) Each speed test measurement must include:

   1. (1) The time and date the speed test was conducted; and
   2. (2) The provider-assigned internet protocol (IP) address, either version 4 or version 6, identifying the residential gateway conducting the test.

4. (d) Each group of three (3) speed tests must include:

   1. (1) The name and street address of the customer conducting the speed test;
   2. (2) A certification of the speed tier the customer subscribes to (e.g., a copy of the customer's last invoice); and

   3. (3) An agreement, using an online form provided by ARConnect, that grants access to these information elements to:

      1. (A) ARConnect;
      2. (B) Any contractors supporting the challenge process; and
      3. (C) The service provider.
5. (e) The IP address and the subscriber’s name and street address are considered personally identifiable information and thus are not disclosed to the public (e.g., as part of a challenge dashboard or open data portal).

6. (f)

   1. (1)

      1. (A) Each location must conduct three (3) speed tests on three (3) different days.
      2. (B) The days do not have to be adjacent.
   2. (2) The median of the three (3) tests (i.e., the second highest (or lowest) speed) is used to trigger a speed-based (S) challenge, for either upload or download.
   3. (3) For example, if a location claims a broadband speed of 100/25 Mbps and the three (3) speed tests result in download speed measurements of 105, 102, and 98 Mbps, and three (3) upload speed measurements of 18, 26, and 17 Mbps, the speed tests qualify the location for a challenge, since the measured upload speed marks the location as underserved.

7. (g) Speed tests may be conducted by subscribers, but speed test challenges must be gathered and submitted by:

   1. (1) Units of local government;
   2. (2) Nonprofit organizations; or
   3. (3) An internet service provider.

8. (h)

   1. (1) Subscribers submitting a speed test must indicate the speed tier they are subscribing to.
   2. (2) If the household subscribes to a speed tier of between 25/3 Mbps and 100/20 Mbps and the speed test results in a speed below 25/3 Mbps, this broadband service will not be considered to determine the status of the location.
   3. (3) If the household subscribes to a speed tier of 100/20 Mbps or higher and the speed test yields a speed below 100/20 Mbps, this service offering will not count towards the location being considered served or underserved.
   4. (4) However, even if a particular service offering is not meeting the speed threshold, the eligibility status of the location may not change.
   5. (5) For example, if a location is served by 100 Mbps licensed fixed wireless and 500 Mbps fiber, conducting a speed test on the fixed wireless network that shows an effective speed of 70 Mbps does not change the status of the location from served to underserved.

9. (i)

   1. (1) A service provider may rebut an area speed test challenge by providing speed tests, in the manner described above, for at least ten percent (10%) of the customers in the challenged area.
   2. (2) The customers must be randomly selected.

   3. (3)

      1. (A) Providers must apply the 80/80 rule, i.e., eighty percent (80%) of these locations must experience a speed that equals or exceeds eighty percent (80%) of the speed threshold.
      2. (B) For example, eighty percent (80%) of these locations must have a download speed of at least 20 Mbps (that is, eighty percent (80%) of 25 Mbps) and an upload speed of at least 2.4 Mbps to meet the 25/3 Mbps threshold and must have a download speed of at least 80 Mbps and an upload speed of 16 Mbps to meet the 100/20 Mbps speed tier.
   4. (4) Only speed tests conducted by the provider between the hours of 7 p.m. and 11 p.m. local time will be considered as evidence for a challenge rebuttal.

Codification Notes: “HFC” means hybrid fiber-coaxial. This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote to subdivision (b)(4) of this section as follows: "9 The NTIA has approved the following speed test applications: speedtest.net; https://speed.measurementlab.net/#/; https://speed.cloudflare.com/; https://fast.com/; or any ARConnect sponsored or operated speed test sites (including commercial aggregators such as https://ready.net/)." This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote to subdivision (i)(3) of this section following the phrase "Providers must apply the 80/80 rule": "10. The 80/80 threshold is drawn from the requirements in the CAF-II and RDOF measurements. See BEAD NOFO at 65, n. 80, Section IV.C.2.a"