Two pieces of news came across our desks this morning that we wanted to share regarding the Broadband Equity Access and Deployment program (BEAD) and the status of guidance from the National Telecommunications and Information Administration (NTIA) on how states can use BEAD Non-Deployment funds.
First, on October 28, NTIA Administrator Arielle Roth delivered a speech regarding the BEAD program. A few key quotes stood out that you might be interested in:
Re. State Affordability and Net Neutrality laws’ interaction with BEAD, she says:
“Specifically, any state receiving BEAD funds must exempt BEAD providers throughout their state footprint, from broadband-specific economic regulations, such as price regulation and net neutrality.”
Meaning states that pass and enact legislation to make broadband more affordable or enforce net neutrality cannot apply those rules to the BEAD-funded networks if they want the BEAD dollars.
Re. Non-Deployment Funds, the only thing she says is:
“NTIA is also considering how states can use some of the BEAD savings—what has commonly been referred to as non-deployment money—on key outcomes like permitting reform. No final decisions have been made, but this could be a powerful way to advance BEAD’s goals.”
She offered no clues or any updates on whether NTIA will allow states to apply non-deployment dollars towards broadband adoption projects as the law outlines.
Meanwhile, in a recently published survey from Broadband.io, many State Broadband Offices are Bearish on their chances of retaining and utilizing the non-deployment dollars, but if they can, many would implement broadband adoption projects in keeping with the statute. You can read the full article here; it’s an interesting and worthwhile read.
So, based on these two things:
1) It’s not too late to advocate to NTIA and Congress to allow states to use the Non-Deployment funds for Congress’s original intended use, including broadband adoption projects.
2) Outreach and education to NTIA and Congress is needed. As a friendly reminder, we have three templates available for you to use. Please use them, share them, make them your own.
The non-deployment funds are one of the last pots of federal funding that may be available to support your work, and it seems we still have a short and finite window of opportunity to ensure the Administration and Congress remember why they’re important and why your work to help people get and stay connected is integral to the BEAD program’s success.