(a)
(1) To ensure that the challenge process is transparent and open to public and stakeholder scrutiny, ARConnect will, upon approval from the National Telecommunications and Information Administration, publicly post:
- (A) An overview of the challenge process phases;
- (B) Challenge timelines; and
- (C) Instructions on how to submit and rebut a challenge.
- (2) This will include a form for all providers in the state to submit an email at which they would like to be contacted for challenge notifications.
- (3) This documentation will be posted publicly for at least a week prior to opening the challenge submission window.
- (4) Relevant stakeholders can sign up on ARConnect’s website, https://broadband.arkansas.gov, for challenge process updates and newsletters, as well as to view an FAQ page listed under “FAQ”.
- (5) If a question is unanswered by the FAQ page, ARConnect can be reached by emailing broadband.challenges@arkansas.gov.
(b) Beyond actively engaging relevant stakeholders, ARConnect will also post all submitted challenges and rebuttals before final challenge determinations are made, including:
- (1) The provider, nonprofit, or unit of local government that submitted the challenge;
- (2) The census block group containing the challenged broadband serviceable location;
- (3) The provider being challenged;
- (4) The type of challenge (e.g., availability or speed); and
- (5) A summary of the challenge (building off a summary submitted by the challenger), including whether a provider submitted a rebuttal (building off a summary submitted by the provider).
(c)
(1) ARConnect will not publicly post any personally identifiable information (PII) or proprietary information, including:
- (A) Subscriber names;
- (B) Subscriber street addresses; and
- (C) Customer IP addresses.
- (2) To ensure all PII is protected, ARConnect will review the basis and summary of all challenges and rebuttals to ensure PII is removed prior to posting them on the website.
- (3) Additionally, guidance will be provided to all challengers as to which information they submit may be posted publicly.
(d)
- (1) ARConnect will treat information submitted by an existing broadband service provider designated as proprietary and confidential consistent with applicable federal law.
- (2) Broadband service providers will also be required to submit a redacted version of any documents containing proprietary and confidential information.
- (3) If any of these responses do contain information or data that the submitter deems to be confidential commercial information that should be exempt from disclosure under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., or is protected under applicable state privacy laws, that information should be identified as privileged or confidential.
- (4) Otherwise, the responses will be made publicly available.
Codification Notes: “FAQ” means frequently asked questions. "IP" means internet protocol.