Background

In the Infrastructure Investment and Jobs Act (IIJA), Congress specified five distinct ways that States and Territories could use the Broadband Equity Access and Deployment (BEAD) funds. States could competitively sub-grant funds to: 

1. Build broadband to unserved and underserved locations, 
2. Connecting Community Anchor Institutions (CAIs), 
3. Data collection, broadband mapping, and planning; 
4. Install internet and Wi-Fi infrastructure or providing reduced-cost broadband within a multi-family residential building, and 
5. Broadband adoption, including programs to provide affordable internet-capable devices.

Congress designed BEAD so states could close the internet access gaps in their states and, with any remaining funds (use cases #3-#5 above), known as ‘non-deployment funds’, support the adoption and use of the BEAD-funded new and expanded networks. Coupled with the Digital Equity Act, the BEAD non-deployment funds represented Congress’s acknowledgment that addressing all barriers to broadband access, adoption, and use was essential for the programs to be successful.

Some states, such as Louisiana and West Virginia, initially anticipated having sizable non-deployment funds leftover, while others, like Nevada, anticipated using their entire allocation on deployment activities. 

Everything changed after the National Telecommunications and Information Administration (NTIA) issued new guidance in a policy notice on June 6, 2025. In the notice, NTIA rescinded its prior approval (yes, it had already approved them) for all non-deployment activities in the states’ Initial Proposals. It said then that it would provide further guidance later. In addition, the policy notice required states to revise their grant programs and run a new ‘benefit of the bargain’ round for deployment to unserved and underserved locations. Nearly all states have now submitted the results from their ‘benefit of the bargain’ round to NTIA, and most analyses indicate that many states will have remaining funds for non-deployment projects.

Why Advocate for BEAD Non-Deployment and Why Now?

With the loss of the DEA and the sunsetting of the American Rescue Plan Act of 2021 (ARPA) funds, the non-deployment funds from BEAD are becoming increasingly vital for supporting digital inclusion efforts and implementing each state’s digital equity/opportunity plans. Any “savings” from the ‘benefit of the bargain’ should remain with the states to ensure residents can safely use these new networks to communicate with their doctors, apply for jobs, and complete their homework. 

However, given the lack of guidance from NTIA to date, the agency’s rescission of its prior approval for all non-deployment activities, and its demonstrated disregard for Congress’s explicit intent and instruction to implement the Digital Equity Act, we believe the non-deployment funds could be at risk of reallocation or rescission.

To that end, we have developed three templates for you to use in advocating for your state to retain its full BEAD allocation, including the non-deployment funds, and the ability to spend them on broadband adoption projects as Congress originally intended. We encourage you to send a letter to Secretary Lutnick, NTIA Administrator Roth, and your congressional delegation, asking them to do the same. You can gather a group of co-signers or send on your own. Time is of the essence, however, so we encourage you to send your letters as soon as possible. 

The templates include:

1. Template Invitation Email requesting signatures: You can use this template to invite members of your coalition, partner organizations, or other coalitions to sign on to the letter(s) (because the more signatures you get, the better).
2. Template Sign-On Letter to Secretary Lutnick and NTIA Administrator Roth: urging them to follow the explicit intentions of Congress, as written in the law, and release the full allocation of non-deployment funds to every state for broadband adoption efforts, as authorized in the IIJA.
3. Template Sign-on Letter to Members of Congress: directed to your federal elected officials, Congressional leadership, or Committees of Jurisdiction to encourage them to urge Secretary Lutnick and NTIA Administrator Roth to release the full allocation of non-deployment funds to states for broadband adoption efforts as authorized in the IIJA.