Broadband Equity, Access, and Deployment (BEAD) Program

Broadband Equity, Access, and Deployment (BEAD) Program is sponsored by National Telecommunications and Information Administration (NTIA) (via Nevada State Broadband Office). The BEAD program is a state grant program focused on deploying and upgrading high-speed internet networks to ensure everyone has access. Nevada's approved Final Proposal outlines its plan for using over $416 million to connect households and businesses.

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The Broadband Equity, Access, and Deployment (BEAD) Program: Issues for the 119th Congress The Broadband Equity, Access, and Deployment (BEAD) Program: Issues for the 119 th Congress Jump to Main Text of Report Overview of the BEAD Program Selected Issues for Congressional Consideration The Pace of Implementing the BEAD Program Implementation Timeline Under the Biden Administration Changes to the BEAD Program by the Second Trump Administration Technology-Neutral Consideration in BEAD-Funded Deployment Projects The "Reliable Broadband Service" Requirement for BEAD-Eligible Locations The "Priority Broadband Project" Requirement for BEAD Funding "Fair Labor Practices" and "Climate Resilience" Requirements in NTIA's BEAD NOFO Defining Low-Cost Broadband Service Option Options for Congressional Consideration Under Section 60102 of the Infrastructure Investment and Jobs Act (IIJA; P.

L. 117-58 ), enacted in late 2021, Congress directed the Assistant Secretary of Commerce for Communications and Information ("Assistant Secretary") to establish and administer the Broadband Equity, Access, and Deployment (BEAD) Program.

Specifically, Congress directed the Assistant Secretary, who leads the National Telecommunications and Information Administration (NTIA; an agency within the Department of Commerce), to make BEAD grants to 56 states and territories (hereinafter "states") to "bridge the digital divide."

States are required to use these grants to competitively award subgrants to fund a variety of broadband projects in their jurisdictions, with a priority to provide "affordable, reliable, high-speed broadband" service to locations currently lacking such access.

A broadband network built with BEAD funding must be capable of providing broadband service with (1) at least 100 megabits per second (Mbps) for downloads and 20 Mbps for uploads; (2) a low network latency enabling real-time, interactive applications; and (3) a low network outage rate (less than 48 hours over any 365-day period). In Division J of the IIJA, Congress appropriated $42.

45 billion for the BEAD Program, which is the single largest federal investment in broadband infrastructure to date. On June 6, 2025, NTIA issued the BEAD Restructuring Policy Notice ("Policy Notice") to modify and replace certain requirements in the BEAD NOFO, with the stated purposes of realigning the program with statutory intent, accelerating broadband deployment, and moving the program forward expeditiously.

Some Members of Congress have since raised new concerns. These concerns include possible delays because states might need additional time to comply with the Policy Notice to complete their subgrantee selection process and obtain NTIA approval of their final proposals.

Other concerns involve uncertainty about which locations are BEAD-eligible, given the expansion of qualifying broadband connectivity technologies and uncertainty about the meaning of the low-cost service option. Concerns have also been expressed about the diversion of BEAD funding from broadband deployment projects using fiber technology to broadband service using technologies such as satellite and unlicensed fixed wireless.

Congress may be interested in overseeing and addressing various aspects of BEAD Program implementation. Congress could consider a range of options, including taking no legislative actions but deferring to the current Administration and focusing efforts on oversight through hearings and investigations. Alternatively, Congress could address emerging program issues by considering new legislation or amending the BEAD provisions in the IIJA.

Congress may also choose to consider broader legislation to address implementation of federal broadband programs, including the BEAD Program. Other options include clarification of congressional intent for the BEAD Program to forestall possible unintended readings of the original IIJA language by agencies, codification of agencies' definitions and programmatic requirements, or enactment of new ones.

In the Infrastructure Investment and Jobs Act (IIJA; P. L. 117-58 ), enacted in late 2021, Congress directed the establishment of the Broadband Equity, Access, and Deployment (BEAD) Program and appropriated $42.

45 billion for the program to make grants to 56 states and territories (collectively referred to as "states" hereinafter) to "bridge the digital divide." 1 The term digital divide generally refers to the gap between individuals who have access to broadband internet and those who do not.

2 The Federal Communications Commission (FCC), the agency that has a statutory responsibility to annually assess "the availability of advanced telecommunications capability to all Americans," has determined that having such capability for fixed broadband service "requires access to download speeds of at least 100 Mbps [megabits per second] and upload speeds of at least 20 Mbps" (often listed as 100/20 Mbps).

3 FCC data released in May 2025 show that as of June 30, 2024, around 60% of U.S. households had access to residential fixed internet connections with speeds of at least 100/20 Mbps. 4 The BEAD Program is the single largest federal investment in broadband infrastructure to date.

5 As of August 2025, all states are continuing to complete final program requirements, and no eligible broadband deployment projects have been funded through states' allocated BEAD funding. 6 An issue for the 119 th Congress is whether and, if so, how to assess and address concerns that have been raised regarding the implementation of the BEAD Program.

Among the concerns raised are the pace of the program, aspects of the program's requirements and guidelines affecting technological options, labor and climate-related considerations, and broadband service rates when states finalize their grant proposals and select BEAD-funded projects. These concerns relate to the near-term and long-term efficacy and efficiency of federal investment through the program in addressing the digital divide.

This report focuses on selected policy issues regarding the BEAD Program and options for Congress to consider.

Overview of the BEAD Program Under Section 60102 of Division F of the IIJA, Congress tasked the Assistant Secretary of Commerce for Communications and Information ("Assistant Secretary"), who leads the National Telecommunications and Information Administration (NTIA; an agency within the Department of Commerce), with establishing and administering the BEAD Program.

7 Congress directed the Assistant Secretary to make BEAD grants to "eligible entities" (i.e., the 56 "states"). 8 States are required to use these grants to competitively award subgrants to fund a variety of broadband projects in their jurisdictions, with a priority to provide "affordable, reliable, high-speed broadband" service to locations currently lacking such access.

9 A broadband network built with BEAD funding must be capable of providing broadband service with (1) at least 100/20 Mbps speed; (2) a low network latency enabling real-time, interactive applications; and (3) a low network outage rate (less than 48 hours over any 365-day period).

10 To access the grant funds allocated to a state using a formula set by the IIJA, the state must submit and have the Assistant Secretary approve its grant documents, including initial and final proposals. 11 In the initial proposal, the state must identify all broadband-serviceable locations in its jurisdiction that are eligible for BEAD funding.

12 In the final proposal, the state must provide a detailed plan that specifies how it will allocate its BEAD funding for broadband deployment in those eligible locations.

13 The law further directs states to prioritize subgrant funding for priority broadband projects that are designed to (1) provide broadband service that meets "speed, latency, reliability, consistency in quality of service, and related criteria" determined by the Assistant Secretary and (2) "ensure that the network built by the project can easily scale speeds over time to ...

meet the evolving connectivity needs of households and businesses; and support the deployment of 5G, successor wireless technologies, and other advanced services." 14 In Division J of the IIJA, Congress appropriated $42. 45 billion for grants, as authorized through the BEAD Program for FY2022, allowing the funds to remain available until expended.

Congress provided that up to 2% (or $849 million) of the appropriated amount could be used for "salaries and expenses, administration, and oversight" of the program.

15 Selected Issues for Congressional Consideration On June 6, 2025, NTIA issued a BEAD Restructuring Policy Notice (hereinafter referred to as the "Policy Notice"), which modified and replaced certain requirements outlined in the BEAD notice of funding opportunity (NOFO) published in May 2022, including the requirements related to connectivity technologies, labor and climate practices, and the low-cost option.

19 NTIA stated that these "superfluous requirements ... made the [program] more complex and expensive, stifled competition, and led to reduced participation levels." 20 The purposes of the Policy Notice were to "realign the Program with statutory intent, speed broadband deployment" and "ensure that all Americans receive the greatest Benefit of the Bargain and that the BEAD Program moves forward expeditiously."

21 Since the issuance of the Policy Notice, some Members of Congress have raised concerns about the program modification and progress, including the additional time needed for states to complete their subgrantee selection process and to obtain approval of their final proposals from NTIA.

Other concerns raised by Members include uncertainty about which BEAD-eligible locations are broadband serviceable, given the expansion of qualifying broadband connectivity technologies; uncertainty about the meaning of the low-cost service option; and the possibility that some BEAD funding might be diverted from broadband deployment projects using the fiber technology to satellite broadband service.

22 Experts and stakeholders have not reached a consensus on whether NTIA's latest guidance has fully and sufficiently addressed the previous concerns about the BEAD implementation, especially considering varied circumstances at the state and local levels (e.g., all states are at different stages of working toward their final proposals; some unserved locations are ready for immediate fiber deployment, while other locations lack potential subgrantees' interest to participate in the BEAD Program for various reasons; different locations have different economic conditions to determine broadband affordability).

The following subsections discuss selected issues that reflect policy debates specifically focusing on BEAD Program implementation in the 119 th Congress.

23 The Pace of Implementing the BEAD Program The pace of implementation of the BEAD Program has spurred debates over whether certain programmatic requirements or subsequent changes made by NTIA have caused delays and whether NTIA's implementation is fully consistent with congressional intent and the framework laid out in the IIJA.

Some Members of Congress have raised questions regarding the program's implementation timeline, including when BEAD funds will be distributed to subgrantees, when BEAD-funded projects will start construction, and whether it is necessary for Congress to clarify its intent and codify certain program adjustments to expedite broadband deployment.

24 Conversely, some experts suggest that the program's complexity and extended implementation timeline stem, at least in part, from congressional design of the program "to avoid the problems of waste, fraud and abuse that plagued … other [broadband] deployment programs."

25 One requirement imposed by Section 60102 of the IIJA is that a state's access to its allocated BEAD funds is subject to NTIA's approval of a series of program filings, including the state's initial proposal and final proposal.

26 In its Policy Notice, NTIA required all states to correct their previously approved initial proposals and develop their final proposals to incorporate the revised terms and conform with the new rules and guidance. 27 This subsection provides a timeline of selected milestones of the program from 2022 through August 2025, based on publicly available information.

The timeline identifies, where appropriate, what program activities are required by law and what activities are required by NTIA's guidance. Implementation Timeline Under the Biden Administration Pursuant to the IIJA, NTIA issued the BEAD NOFO on May 13, 2022, within 180 days of enactment of the law.

28 The NOFO described how the agency intended to administer the program and the program requirements under which it would award BEAD grants to states.

29 The IIJA allows states, after NTIA's issuance of the NOFO, to request access to the BEAD planning funds through a "letter of intent" to participate in the BEAD Program and use the amounts for various purposes, including initially identifying eligible locations for BEAD funding and establishing and operating a state broadband office to oversee broadband programs and broadband deployment.

30 The IIJA provides up to $5 million in planning funds for each of the 50 states, the District of Columbia, and Puerto Rico and up to $1. 25 million for each of the other four territories. 31 NTIA required states to submit their letters of intent by July 18, 2022, and all supplemental information related to the planning funds by August 15, 2022.

32 Louisiana was the first state to receive planning funds on August 31, 2022. 33 By June 12, 2023, all 56 states and territories had received their BEAD planning funds. 34 The IIJA requires the Assistant Secretary to notify each state of its allocated BEAD amount when the FCC national "broadband DATA maps" are publicly available.

35 The law directs NTIA to use the mapping data to determine the number of unserved locations in each state and to calculate a major portion of BEAD funding allocated to the state on the basis of that number. 36 An unserved location is a broadband-serviceable location without access to reliable broadband service (see " The "Reliable Broadband Service" Requirement for BEAD-Eligible Locations " below).

37 On May 30, 2023, the FCC released the first official version of its National Broadband Map (NBM), which reflected broadband availability data as of December 31, 2022. 38 On the basis of the NBM data, NTIA issued notices regarding the estimated BEAD funding amount available to each state on June 30, 2023. 39 The allocated BEAD funding ranged from $27.

1 million for the U.S. Virgin Islands to $3. 3 billion for Texas. 40 NTIA then requested states to submit their initial proposals within 180 days of the BEAD allocation notice.

41 Pursuant to the IIJA, the initial proposal should include information on deploying broadband, closing the digital divide, coordinating with local governments, awarding BEAD subgrants, and identifying eligible locations and entities for BEAD funding.

42 Upon approval of the initial proposal, the Assistant Secretary is required to make available to the state 20% of its allocated BEAD funds, with the discretion to approve a higher percentage. 43 Kansas, Nevada, and West Virginia were among the first states to receive NTIA's approval of their initial proposals on April 25, 2024. 44 By November 19, 2024, all 56 states and territories had received NTIA's approval.

45 On December 23, 2024, NTIA stated that it had "obligated all $42. 45 billion in BEAD funding to states." 46 At this point, states could access all of their allocated BEAD funds "subject to the terms and conditions of their awards."

47 NTIA then required states to submit their final proposals within 365 days after the initial proposal approval. 48 Pursuant to the IIJA, the final proposal must include a detailed plan of how the state will allocate BEAD funding for broadband deployment, an implementation timeline, processes for oversight and accountability, and a description of how the state will coordinate with local governments.

49 By January 16, 2025, NTIA had approved the final proposals of three states—Louisiana, Delaware, and Nevada—which, according to NTIA, was "the final step required under the BEAD statute before [the state] moves forward with signing agreements with the [ISPs] it has selected to build BEAD-funded networks and begin connecting new locations."

50 The IIJA also requires each state to implement a process to allow local governments, nonprofit organizations, or broadband service providers to challenge the state's determination of the eligibility of a particular location for BEAD funding. 51 The state must resolve each challenge and publish a final list of eligible locations before allocating its BEAD funds for broadband deployment projects.

52 By January 3, 2025, all states had closed their online portal s for challenge submission.

53 Changes to the BEAD Program by the Second Trump Administration On March 5, 2025, Secretary of Commerce Howard Lutnick announced that the Department of Commerce had launched "a rigorous review of the BEAD Program," with the intention to revamp the program by removing certain program requirements, taking a technology-neutral approach to broadband technologies eligible for funding, and working with states to address any "delays," "waste," and "red tape."

54 The IIJA authorizes the Assistant Secretary to issue regulations or "guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities" under the BEAD Program, "including to ensure that those programs, projects, or activities are completed in a timely and effective manner."

55 On June 6, 2025, NTIA issued the Policy Notice and required states to comply with the revised terms set forth therein to gain approval of their final proposals from the Assistant Secretary. 56 NTIA rescinded all previous final proposal approvals and provided states with 90 days to submit their final proposals. 57 NTIA stated that it would complete review of each proposal within 90 days of submission.

58 See the text box below for more information on this Policy Notice. Highlights of the BEAD Restructuring Policy Notice The National Telecommunications and Information Administration's (NTIA's) June 6, 2025, Broadband Equity, Access, and Deployment (BEAD) Program: BEAD Restructuring P olicy N otice contains the following seven sections of guidance: 1. Elimination of regulatory burdens .

NTIA requires all states to eliminate seven "non-statutory requirements from BEAD application scoring, subgrantee agreements, and subgrantee reporting requirements" and prohibits states from "imposing any of the obligations removed by this Policy Notice on subgrantees."

59 The requirements contained in NTIA's BEAD notice of funding opportunity (NOFO) and eliminated include those related to (1) "labor, employment, and workforce development"; (2) "climate change"; (3) "open access/net neutrality"; (4) "local coordination and stakeholder engagement"; (5) "non-traditional broadband providers"; (6) "a middle-class affordability plan"; and (7) "a low-cost broadband service option." 60 2.

Technology neutrality. NTIA eliminates the "Fiber Preference" section of the NOFO, which prioritized broadband deployment projects using end-to-end fiber. NTIA permits states to select from all qualifying technologies that meet the performance requirements of the IIJA.

61 3. Optimizing BEAD locations.

NTIA required all states to (1) "account for locations that do not require BEAD funding"; (2) "modify BEAD-eligible location lists to include locations no longer served due to a default or change in service area on a Federal enforceable commitment"; (3) account for and exclude locations with access to existing unlicensed fixed wireless broadband service that meets certain technical specifications; and (4) "revise their list of eligible Community Anchor Institutions" to "conform with the statutory definition [in the] IIJA."

62 4. Non-deployment funding. NTIA rescinds approval of all non-deployment activities in initial proposals and will issue updated guidance on allowable non-deployment projects.

Final proposals require detail only on BEAD-funded deployment projects. 63 5. Permitting.

"To support NTIA's goal of issuing National Environmental Policy Act (NEPA) approvals within two weeks" for about 90% of BEAD projects, NTIA requires all states to use the Environmental Screening and Permitting Tracking Tool in the NTIA Grants Portal. 64 6. Alignment with prior guidance.

NTIA rescinds previous policy notices addressing alternative broadband technologies and addresses issues regarding unlicensed fixed wireless and low Earth orbit (LEO) satellite technologies in the appendixes of the Policy Notice. 65 7. Modification of initial and final proposals.

NTIA rescinds all previous final proposal approvals and requires all states to modify their initial proposals to incorporate the terms of the Policy Notice. 66 As of mid-August 2025, NTIA had approved all states' updated initial proposals. All but two states had started the "Benefit of the Bargain" round of subgrantee selection; no states had submitted the final proposal.

67 The IIJA requires a subgrantee to deploy the BEAD-funded network and begin providing broadband service to customers no later than four years after receiving the subgrant; however, it allows the state to extend the deadline under certain circumstances.

68 Despite NTIA's stated purpose of moving the BEAD Program forward expeditiously, some Members of Congress asserted that the policy changes "further complicate[] and delay[] the program for all stakeholders, violating congressional intent." 69 They expressed concerns that states would "have an impractical timeline to make the massive changes" required in the Policy Notice within 90 days.

70 Other Members cautioned against NTIA using the Policy Notice to "further delay approvals" of states' final proposals "or revisit established allocations" of BEAD funds to states. 71 Technology-Neutral Consideration in BEAD-Funded Deployment Projects An ongoing debate surrounds who should determine the most suitable broadband connectivity technology for a BEAD-funded deployment project—NTIA, states, or ISPs.

The IIJA neither specifies any broadband technology nor explicitly mandates that NTIA be technology-neutral in its administration of the BEAD Program. 72 The IIJA provides the characteristics and quality of service that should be provided by BEAD-funded projects.

73 Citing the language in the IIJA that allows the Assistant Secretary to determine network performance criteria for eligible broadband technologies and priority broadband deployment projects, NTIA provided guidance to states in its May 2022 NOFO, showing a preference for specific technologies (e.g., fiber) and exclusion of other technologies (e.g., satellites).

Some Members of Congress stated that NTIA's technology preferences have limited states' options for selecting the most cost-effective and readily deployed broadband technologies.

74 NTIA modified the connectivity technology guidance in its June 2025 Policy Notice, eliminating the fiber preference, permitting states to select from all technologies that meet the network performance requirements of the IIJA, and directing states to use the implementation cost as a primary factor in scoring competing applications.

Some Members of Congress expressed their concerns with these changes, which they pointed out might result in "inferior connectivity" and "unreliable, unsustainable, and low-quality [broadband infrastructure] builds." 75 The "Reliable Broadband Service" Requirement for BEAD-Eligible Locations For an unserved location to be eligible for BEAD funding, the IIJA requires that it have no "reliable broadband service."

76 Congress allows the Assistant Secretary to determine additional network performance criteria for reliable broadband service, including availability, adaptability to changing end-user requirements, or length of serviceable life.

77 In its BEAD NOFO, NTIA adopted the criteria that reliable broadband service "must be (1) a fixed broadband service that (2) is available with a high degree of certainty, (3) both at present and for the foreseeable future."

78 After coordination with the FCC, NTIA determined that broadband service can be considered reliable if it is accessible to an end-user's location via certain fixed broadband technologies, including fiber, but excluding satellite and fixed wireless technology using only unlicensed radio spectrum (e.g., Wi-Fi) (see the text box below for definitions of broadband connectivity technologies at issue).

79 Accordingly, NTIA would consider a location unserved if it has been served exclusively by satellite or unlicensed fixed wireless. 80 With certain exceptions, states were to select broadband deployment projects that will provide unserved locations with reliable broadband service via specified technologies and with specified network performance metrics.

81 Major Broadband Connectivity Technologies at Issue When referring to broadband technologies in its BEAD NOFO, NTIA cited the Fixed Technology Codes in FCC's Broadband Data Collection guidance. 82 The major technologies at issue include the following: Fiber-optic technology (also referred to as " fiber "). ISPs use fiber to provide fixed wireline internet service to homes or businesses.

83 Digital data are transmitted via pulses of light in fiber-optic cables. These fiber cables are either hung on poles or buried in the ground and can be connected directly to end-user locations. Residential fiber technology typically provides a speed of 250-1,000 megabits per second (Mbps) for both downloads and uploads.

Non-geostationary satellite . ISPs use satellites in non-geostationary orbit (e.g., LEO) to provide fixed non-terrestrial wireless internet service to end users. 84 A satellite antenna (also called a "dish"), modem, and direct line of sight between an end-user device and a satellite are required for such service.

Residential LEO satellite technology may provide a download speed of 25-220 Mbps and an upload speed of 5-20 Mbps. Terrestrial fixed wireless technology utilizing entirely unlicensed radio spectrum (also referred to as " unlicensed fixed wireless ") . ISPs use only, and entirely unlicensed, radio spectrum to provide fixed terrestrial wireless internet service to end users.

85 The term fixed wireless means that broadband service is delivered to a fixed (not mobile) location using a terrestrial wireless connection (e.g., through rooftop radio antennas) rather than a wired line, such as fiber, or a non-terrestrial wireless connection, such as satellites. 86 An example is internet service provided over Wi-Fi (which uses unlicensed spectrum), connecting end users at fixed locations wirelessly.

87 This technology may still rely on fiber or other physical cables for backhaul connection to an ISP's core network. Residential fixed wireless technology may provide a download speed of 10-25 Mbps and an upload speed of 1 Mbps. In its Policy Notice, NTIA eliminated the distinctions between fiber and other technologies such as satellite and unlicensed fixed wireless.

88 ISPs using these technologies are now permitted to compete for BEAD subgrants. A potential outcome of these changes is that locations with access to satellite or unlicensed fixed wireless broadband service that provides 100/20 Mbps speeds, which were previously categorized as unserved locations, might now be considered served.

Thus, in the Policy Notice, NTIA directed states to review their lists of BEAD-eligible locations previously approved by NTIA. 89 States must exclude locations already served by a qualifying unlicensed fixed wireless service from the list to prevent overbuilding of existing networks. 90 NTIA did not address whether locations served by existing satellite broadband service are still eligible for BEAD funding.

An analysis of data from 49 states (all but West Virginia) and the District of Columbia found that the number of BEAD-eligible locations could be reduced by up to 15% nationwide because of the inclusion of unlicensed fixed wireless service.

91 This reduction varies by state, with some seeing a potential 30% decrease (e.g., California, Colorado, Idaho, Minnesota, Nebraska, Nevada, and Wyoming), and others almost no effect (e.g., Connecticut, Hawaii, Mississippi, New Jersey, and Rhode Island).

92 The analysis suggested that this decrease in BEAD-eligible locations could "increase the amount of funding available for each remaining location in states where unlicensed fixed wireless has a notable presence."

93 The "Priority Broadband Project" Requirement for BEAD Funding In addition to the "reliable broadband service" requirement that determines BEAD-eligible locations, the IIJA uses the term priority broadband project to direct states to prioritize BEAD funding to deploy qualifying broadband infrastructure.

94 The law allows the Assistant Secretary to determine criteria for broadband service provided by a priority broadband project, using considerations such as internet speed, network latency, reliability, and consistency in quality of service. 95 In its NOFO, NTIA specified that a "priority broadband project" means a project that will provide reliable broadband service via "end-to-end fiber-optic facilities to each end-user premises."

96 NTIA explained that its determination of a priority broadband project, which relies entirely on fiber technology, meets the statutory requirement for such a project in the IIJA: 97 The BEAD-funded network "can easily scale speeds over time to meet the evolving connectivity needs of households and businesses and support the deployment of 5G, successor wireless technologies, and other advanced services."

98 According to NTIA, end-to-end fiber networks can be updated by replacing equipment attached to the ends of the fiber-optic facilities, "allowing for quick and relatively inexpensive network scaling as compared to other technologies."

Moreover, new fiber deployments will facilitate the deployment and growth of 5G and other advanced wireless services, "which rely extensively on fiber for essential backhaul [service and data communications]." 99 Some Members of Congress stated that NTIA's approach has "extreme technology bias in defining 'priority broadband projects' and 'reliable broadband service.'"

100 They argued that NTIA's explicit "technology preferences" have created onerous regulatory requirements and conflicted with the IIJA's implied technology-neutral principle. 101 Some policy and industry experts are concerned about the high deployment cost and complexity of end-to-end fiber technology, particularly for unserved locations in remote and difficult-to-reach areas.

They urged NTIA to reconsider alternative technologies, such as low Earth orbit (LEO) satellites and fixed wireless through Wi-Fi, and to simplify the terms and conditions and additional processes that states must follow to award BEAD funds for these alternative broadband projects. 102 In its Policy Notice, NTIA stated that fiber is no longer the only connectivity technology to be used for "priority broadband projects."

Instead, states should treat every broadband deployment project applying for BEAD funding as a priority broadband project so long as the project technology can provide broadband service meeting the following network performance requirements: (1) an internet speed of no less than 100/20 Mbps, (2) a network latency of no more than 100 milliseconds, and (3) a network capable of scaling speeds to meet end users' future internet needs and supporting the deployment of 5G and other advanced services.

103 Prospective subgrantees must provide supporting documentation sufficient for the state to assess and determine whether the proposed deployment network meets the above criteria.

104 For scoring competing applications, NTIA directed states to use the primary criterion of the overall cost to the BEAD Program and secondary criteria such as the speed to complete the BEAD-funded project and technical capabilities of the proposed connectivity technology.

105 Some policy experts supported NTIA's changes of "undoing favoritism to immensely [expensive] fiber projects" and argued that "LEO satellites will provide a fast and scalable option" for BEAD-funded projects. 106 On the other hand, some Members of Congress expressed their opposition to the changes.

They pointed out that "[o]f currently available technologies, fiber-optic networks are faster and more reliable and can scale speeds much more easily. We made the decision to invest larger sums now in broadband infrastructure that would be resilient and capable of meeting Americans' growing digital demands for decades."

107 Other Members further stated that [a]ny objective assessment of the technologies … would conclude that fiber optic technology far exceeds any other in its capability to provide future-proof speeds and network capacity.

In fact, it is the only technology that is consistent with the statutory definition of "priority broadband project," which gives precedence to technologies that are the most reliable, scalable, and capable of meeting evolving connectivity needs.

Instead, the [Policy Notice] forces states and territories to award grants to the cheapest applicant—not the best applicant that can address the local conditions, especially of rural, unserved, and underserved communities. 108