Overview
The BEAD Restructuring Policy Notice revises guidelines for the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program, eliminating many non-statutory requirements, promoting technology neutrality, simplifying subgrantee selection, and streamlining the path to broadband deployment nationwide.
Background and Purpose
- BEAD funds aim to provide nationwide high-speed broadband access.
- Prior administrative burdens increased costs, limited competition, and delayed deployment.
- The new notice seeks to realign BEAD with statutory intent and expedite deployment.
Elimination of Regulatory Burdens
- Labor, employment, and workforce development requirements (including DEI and contracting mandates) removed; compliance limited to statutory law and self-certification.
- Climate change and resilience requirements rescinded, replaced by risk management and cybersecurity best practices.
- Open access/net neutrality requirements and restrictions on data caps or network management lifted; only statutory interspersed conduit access points required.
- Local coordination/stakeholder engagement requirements simplified to certifying legal compliance and public comment.
- Removed bias toward non-traditional providers; all provider types treated equally per statute.
- Middle-class affordability and specific low-cost service option (LCSO) rate-setting abolished; LCSO definition now aligns with FCC Lifeline criteria.
Technology Neutrality and Subgrantee Selection
- All broadband technologies meeting statutory performance requirements are eligible; fiber is no longer preferred by default.
- Priority Broadband Project is now defined strictly by technical requirements (≥100/20 Mbps, ≤100ms latency, scalability).
- Eligible Entities must conduct at least one new “Benefit of the Bargain” subgrantee selection round, rescind prior provisional awards, and operate under revised criteria.
- Existing applications may be rescored or resubmitted without prior regulatory cost burdens.
Scoring Rubrics for Subgrantee Selection
- Primary criterion: minimal BEAD program outlay (lowest overall cost).
- Secondary criteria (for proposals within 15% of lowest cost): speed to deployment, technical capabilities, and provisional status.
- No scoring for labor practices, affordability, or other rescinded factors.
Optimizing BEAD Locations
- Eligible locations lists updated only as specified; challenge process not repeated.
- Unlicensed fixed wireless providers (ULFW) now eligible; locations served by compliant ULFW excluded from BEAD funding after verification.
- Community Anchor Institution (CAI) definitions narrowed to statutory terms.
Non-Deployment Funding
- All non-deployment funding approvals rescinded; future reimbursement under review.
- Only actual deployment project costs will be included in Final Proposals for now.
Permitting Requirements
- All Eligible Entities must use NTIA’s ESAPTT tool for environmental permitting and tracking, expediting NEPA review process.
Alignment with Prior Guidance
- Previous policy notices about alternative technologies and subgrantee selection rescinded; ULFW and LEO guidance consolidated in this notice.
Modification of Initial and Final Proposals
- All Final Proposal approvals preceding this notice are rescinded.
- Entities must request an Initial Proposal correction within 30 days, incorporating the new requirements, before further action.
Decisions
- Elimination of prior non-statutory BEAD requirements.
- Mandate for new "Benefit of the Bargain" subgrantee selection round.
- Scoring focused on lowest cost and technical performance only.
- All previous Final Proposal approvals rescinded.
Action Items
- Within 30 days – Eligible Entity Authorizing Officials: Submit Initial Proposal correction letter to NTIA.
- Within 90 days – Eligible Entities: Complete Benefit of the Bargain subgrantee selection and submit revised Final Proposal.
Key Dates / Deadlines
- 30 days to request Initial Proposal correction.
- 90 days to conduct Benefit of the Bargain round and submit Final Proposal.
- NTIA review of Final Proposals within 90 days of submission.