In the March 13, 2025 edition of the ICORE Blog we discussed recent events relative to the BEAD Program. The BEAD Program is administered by the National Telecommunications and Information Administration (NTIA) which is part of the U.S. Department of Commerce. NTIA oversees the BEAD Program which was created by the 2021 Infrastructure Investment and Jobs Act which provided $42.5B for broadband investment via grants for States, Territories, the District of Columbia, and Puerto Rico. Since the inception of the BEAD Program the States have worked with NTIA toward approval of their individual plans, in compliance with the procedures created by NTIA, and are at varying degrees of completion of the process towards final approval and the awarding of program grants to successful eligible providers.
In March 2025 Howard Lutnick, the Secretary of Commerce, issued a statement that was highly critical of the BEAD Program’s progress to date citing the Program’s burdensome regulations and favoritism towards certain technologies. These comments were in keeping with a January, 2025 Public Notice by NTIA announcing the release of guidance clarifying how States and Territories can use broadband funding to deploy technologies like Low Earth Orbit (LEO) satellite and unlicensed fixed wireless services. A final Alternative Broadband Technology Policy Notice provided States and Territories with additional flexibility and guidance on issuing subgrants to these “alternative technology” providers. The January, 2025 Public Notice states that the additional guidance and flexibility will ensure that BEAD funding is directed to those areas that most need it and that States and Territories may select the best available technology to be deployed to each location.
On April 23, 2025 NTIA announced that it is currently undertaking a comprehensive review of the BEAD Program to remove unnecessary rules and mandates, to improve efficiency, to take a more technology-neutral approach, to cut unnecessary red tape, and streamline deployment. In anticipation of program changes resulting from this review and to ensure that States and Territories have sufficient time to implement the changes, NTIA announced a 90 day extension of the BEAD Program’s Final Proposal deadline. Under the original BEAD Program Notice of Funding Opportunity (NOFO) States and Territories were required to submit a Final Proposal no later than twelve months after the approval of each State and Territory’s Initial Proposal. Due to anticipated changes to the BEAD Program’s requirements resulting from the comprehensive Program review, NTIA has determined that States and Territories will need additional time to prepare and submit their Final Proposals. The granting of this extension is consistent with the provisions of the NOFO.
In a related matter, the U.S. Senate Commerce, Science, and Transportation Committee voted on April 9, 2025 to advance President Trump’s nomination of Arielle Roth to be NTIA Administrator. The nomination will now proceed to the full Senate for a vote. Ms. Roth has in the past been a critic of the BEAD Program including the Program’s focus on diversity, equity and inclusion as well as its preferential treatment of fiber technology to deliver broadband services.
Upon completion of the comprehensive review discussed above, NTIA will issue a Policy Notice outlining the proposed changes to the BEAD Program that it believes are required to streamline and improve the Program. Depending on the extent and scope of the required Program changes it would not be surprising if additional extensions beyond 90 days are required for the States and Territories to submit their Final Proposals.
