ALC-Executive Subcommittee

AOC executive committee. In the session we have our our meeting today for emergency addendum to the Arkansas rule connect comment. Coronavirus rule with the D. C. and we've got to misstatement porch if you will come up is a legal counsel for you. I'm up to present. If both of you will. Can as yourself you're recognized to present. Thank you for being here. Thank you may be right for the we. Good afternoon a committee my name is Stephen port's chief legal counsel the department commerce and executive broadband manager. Good afternoon jim Hudson deputy director of ABC. What we're presenting to you as you correctly pointed out is the emergency addendum to the Arkansas rule connect corona virus rule at as you all should be aware by now we have received federal guidelines that have changed the standards from what we've used dealing with the cares Act this rule is to work our act in harmony with that federal guidance and allow us to start getting out of some money particularly the thirty million that we five presented to the A. L. C. R. which they have funded the rule is. Pretty straightforward and it we can use fiber optic for wireline connection. in areas that do not have an adequate wireline connection of at least twenty five three that is the main difference from the previous cares Act federal guidance and what we have before us today for the archives I'll be happy to take any questions. Thank you Mr president for to a question no Sir okay. Question. Senator Hammer you're recognized thank you Mr. A misfortune one thousand one about on the thirty million refresh my memory. Does this for the providers are going to get for the ayes piece that are gonna get that thirty million that does allow for the Hendren down and a hundred up is that correct I was trying to scan this real quick to make sure that was in there that's correct okay and. That is what complies with the federal guidelines that have recently been change whereas before you could even lesser but this is to the higher standards so as far as the eye as peach of going to get that thirty day are in full compliance with this we're not going to have to deal with that later is that correct that's correct okay thank you. The question. Senate makes. Thank you Mr chairman I appreciate the indulgent the the the question I have is obviously the one hundred one hundred is a federal requirement and some of the projects that we looked at or or or wireless projects which don't meet that that new requirement however there are some areas of the state where wireless projects do make more sense than. The you know putting in fiber to these new rules allow for state funds to be utilized for. Fixed wireless projects if the state should decide to invest in those. If the state decides that they want to invest in those this is this rule is pertaining specifically to Arbel Fund however we can easily make an amendment if the funds are to be used to Fund fixed wireless okay so that that would storage wanna make sure that door still open and condition could be a. Senate FFI possible thank you. Representative option you're recognized thank you Mr chair noticed in here it says. Hendren. Meg upload and download but Where there's where it's impractical due to geographic topographical financial constraints you can do twenty to a hundred Meg upload speeds that that's part of the federal. Deal for the our funds yes Sir okay so this would match that and and those projects that We're considering a couple weeks ago the hundred and fourteen or fifteen million dollars worth it already been applied for. Once this passes those would be qualified under here except for the wireless ones that is correct and once appropriated what absolutely once at have you been in communication last two weeks with those providers to see if if they're going to be readjusting their applications to make sure that they'll comply with these new guidelines or have you gotten any additional requests from folks to give an idea of. You know if it's going to be a hundred and twenty or a hundred and fifty or. Three hundred fifty year eight hundred and fifty million. Well right now we have been working out their worst to list one for the thirty million the other four hundred fourteen million we've been working with the ones on a hundred and fourteen million of this they some of them are making the adjustments some of the fix wireless I see all of the companies with the fixed wireless they're not going to resubmit with the exception of two is going to change in provide an application for fiber okay so we're steady working with them we've been working with Windstream and other companies so it's it's moving pretty good excellent and then. Does this allow for a I had heard this might allow for us to possibly get a waiver. to allow some of these are funds to go toward wireless in the future. To my knowledge the governor has wrote a letter to the undersecretary of treasury are requesting one a clarification on whether we can use fixed wireless and if not a waiver to do so so we're waiting on that response we don't believe we're the only state that is making this request and we get notices of faqs from the treasury tension try to keep up to date with it see whether or not they will answer this questions in an FAQ to this point we have not received an answer to that specific question representantes I can say that in today the governor and US secretary Walter in DC last week a meeting with White House officials this was an agenda item for them they did raise it but White House officials and and this is an area of concern for us and the promise to get back to thank you. Senator you're recognized. I thank Mr so. I'm thinking back to the previous menu ahead we got we have thirty million that is now cleared the hurdles and just merging she role will allow that to move forward in compliance hundred seventeen is being tossed around there and the providers are coming back I guess adjusted proposals will will they be knocked out of anything or how is it that we're not going to give them an advantage over somebody who didn't get selected that would also modify you know there applications they were included in that. As to the hundred and fourteen me we don't disqualify anyone anyone who wants to submit the a modifier to a project or new projects we take a mall and we try to help them by letting them know exactly what they need to do to become compliant with the we're trying our best to get broadband everyone so we're not going to absolutely anyone we're going to try to bring as many people in as we can okay and then to the third point then have you have you because the last meeting there was law discussion about a lot of money coming in the state hi we're gonna look back into three years to know that we got the biggest coverage with the greatest hundred up and down in the wireless versus the fixed and all that do you have the master plan developed yet for how we're going to systematically moved across the state is that is that in there and is the thirty and a hundred seventeen being considered in that. Well our program is just one part of it right what we're trying to do is look at a holistic view of how we can best serve all the parts of Arkansas that's going to take many conversations sitting down and figuring out of what is the best best methodology in achieving that and I am starting to have conversations with different groups such as are on the electric coops and other people that would have stakeholders I've made myself available to anyone who wants to talk about how we can have a more holistic approach to it instead of maybe just as one Avenue what we know this one Avenue is it's worked and it's important but to answer your question we're not stopping there we still looking at a larger picture okay there's no no plan in place as of right now for. Get the same statewide get the biggest bang for the Buck yes Sir I say there's no there's no plan in place right now but we're working on the plan okay in the governor has made it very clear that he doesn't want us taking forever to come up with a plan okay all right thank you. In one thing out. Written in this if you covered it. Forgive me. You can't get. The side you're going to switch available to wireless you didn't have been or what you waiver covers that you have to justify is that not correct it was a practical either for signal terrain. Different things is that correct that that the with with waiver you would be able to change so that you can okay maybe been much better to put fiber in it was accessible. But you did it just for quickness it is that it or what you get to where you just do whatever. Well if we get a waiver from the federal government saying that we can use our fixed wireless first thing I'm going to do is I'm going to quickly change these rules so that we can incorporate fixed wireless in there are logically speaking what would seem to be appropriate since we're looking at speeds of a hundred by a hundred we would want them to least try to match those speeds so that people will be on the same playing field at least as it comes to the speed. And that that was the only concern I saw in that is is. Maybe doing it the the quickest easiest way when you could do it the better way. you're on top of that. I'm watching it and I'm going to make sure that Arkansas one thing the master plan should show. So if something wanna yeah and add to that I mean we we all got enough experience the federal government that when they give you a waiver it really is just a new rule if you and I'll have lots of cabbie odds and lots of explanations to and so whatever that waiver says will be what we have to abide by mmhm. Other questions member. Read the question. If so. Without objection the proposed merger rules reviewed and approved in the review and approval shall be effective at twelve one AM July third twenty twenty one. Other than this before the committee. If not thank you for being here we are during thank you John.