The BEAD program has been undergoing review since March, while the majority of states are ready or nearly ready to put shovels in the ground, per a letter from members of Congress. The program was established by Congress as part of the Bipartisan Infrastructure Law, but the review process has caused delays. Advocates have called on the federal government to expedite the review process; this resulting guidance was initially expected in May.
NTIA’s new Policy Notice modifies and replaces specific requirements in the BEAD Notice of Funding Opportunity, with which eligible entities must comply to get final proposal approval. All states and territories initially saw their final proposals approved by January prior to the program changes. States must now also conduct an additional “Benefit of the Bargain Round” of subgrantee selection.
The update to the program also removes the preference for fiber technology, which has been deemed the “gold standard.” Leadership of the Benton Institute for Broadband and Society addressed this change in a statement.
“Secretary Lutnick wants to invest in the ‘cheapest’ broadband infrastructure, not the best broadband infrastructure,” the statement said, referring to U.S. Secretary of Commerce Howard Lutnick — and underlining that countries like China and Europe are investing in fiber. “It’s a self-inflicted wound to American competitiveness.”
Other reactions to NTIA’s announcement have been positive, like a statement from NCTA welcoming the changes as they may speed processes. Joe Kane, director of broadband and spectrum policy at the Information Technology and Innovation Foundation, a think tank, said in a statement that “NTIA is right to make BEAD technology neutral and restrain excessively expensive deployment grants.”
However, he also urged NTIA to quickly issue further guidance as was promised on “allowable non-deployment activities,” such as adoption and affordability efforts, which he said will be the “greatest benefit of the BEAD bargain.”
STATES HAVE BEEN ADVANCING PROGRESS
Even in the absence of guidance, states have been cautiously advancing their work under BEAD.
Washington has been “pushing forward,” Aaron Wheeler, director of its State Broadband Office, said Monday for a story about state broadband finance strategy, prior to NTIA’s announcement. The state had paused before opening its third and final round of the subgrantee selection process, but Wheeler said the plan was to move forward as soon as NTIA guidance was released and any mandated adjustments are made. Shovels are expected to be in the ground in early 2026.
Vermont, too, has continued advancing BEAD work during the review process, as Christine Hallquist, executive director of the Vermont Community Broadband Board, said May 29: “Our approach is, until we’re told in writing to stop, we’re going to keep going.”
The state’s program requires a 25 percent match, for which Hallquist said officials were planning on using the American Rescue Plan Act Capital Projects Fund. That funding, however, requires that all work it pays for must be usable by the end of 2026. BEAD program delays not only impact the state’s construction schedule, Hallquist said, but its finance plans too. Guidance was initially expected May 16, but then states got notice it was likely to come in June.
“We’ll still make it under the wire if we get that guidance in June,” Hallquist said.
Texas has also been advancing its program, according to a May 30 email from Texas Broadband Development Office Director Greg Conte, who said the office had published a Notice of Funding Availability for the BEAD program on May 15.
The Maine Connectivity Authority (MCA) and its partners have invested tens of thousands of hours over the last three years for processes required by the NTIA under the BEAD program, Jenna Ingram, MCA communications manager, said in an email Monday. The state’s BEAD Project Application process recently closed, having received applications for 385 project areas.
“MCA and our [Internet service provider] ISP partners are ready to get shovels in the ground, with more than 90 percent of applications committing to complete projects within two years following permitting,” Ingram said.
