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Commerce Department’s NTIA Releases Details for Funds Distributed Under IIJA

Notice of Funding Opportunity (NOFO) details parameters of Broadband, Equity, Access and Deployment (BEAD) program.



Photo of Gina Raimondo from November 2021 by Demetrius Freeman

WASHINGTON, May 13, 2022 – The U.S. Commerce Department on Friday morning released the rules governing three separate federal broadband programs, laying down the rules for more than $45 billion in spending.

The agency’s National Telecommunications and Information Administration released the Notice of Funds Opportunity for its Broadband Equity, Access and Deployment program under the Infrastructure Investment and Jobs Act, as expected.

“In the 21st century, you simply cannot participate in the economy if you don’t have access to reliable, affordable high-speed internet,” Commerce Secretary Gina Raimondo said on Monday. She was expected to make additional remarks in Durham, North Carolina.

“Thanks to President Biden’s Bipartisan Infrastructure Law, Americans across the country will no longer be held back by a lack of high-speed internet access. We are going to ensure every American will have access to technologies that allow them to attend class, start a small business, visit with their doctor, and participate in the modern economy,” according to Raimondo’s remarks from a press release.

The IIJA, signed into law on November 15, 2021, required Commerce to release the BEAD NOFO by Monday, May 16. It had been expected to release those rules Friday.

Funding under the BEAD program is primarily directed through state broadband offices, acting under the supervision of the NTIA through the legislative framework established by IIJA, and the regularly rules laid out in the BEAD NOFO.

Want to know more about this game-changing document, and the powerful tools it brings to U.S. last mile broadband? Visit Broadband.Money‘s tools and resources, including four themes to watch for in the BEAD NOFO.

Amounts of funding and general framework

But the agency also released the rules for the Enabling Middle Mile Broadband Infrastructure and State Digital Equity Act programs on Friday, in advance of when IIJA required the notices.

The IIJA allocated $65 billion in funding for broadband spending, with at least $45 billion allocated to the NTIA through these three programs. The $42.5 billion for BEAD is designed to address last-mile broadband connectivity. The $1 billion for middle mile spending addresses the “secondary highways” — in between data centers and individual homes — that allow our internet to work. The additional $1.5 billion is for states to engage in programs designed to address digital equity.

Most of the additional $20 billion of broadband funds under IIJA are dispensed through the Federal Communications Commission’s Affordable Connectivity Program.

But BEAD itself also include money for planning grants: Under IIJA, each state is guaranteed to receive $100 million in BEAD funds for broadband infrastructure. Up to $5 million of those awards may be drawn down within three months.

Each state is able to receive at least $100 million in funding. Particular states may receive significantly more depending upon the proportion of “unserved” broadband homes in their state relative to the nation as a whole. Whether a particular home is “unserved” or not will be determined by broadband maps to be created by the FCC.

The funding is being dispensed by states to sub-grantees, including private, cooperative and municipal broadband providers, and the BEAD funding is designed primarily to address inadequate last-mile broadband connectivity throughout the country.

To participate in the BEAD Program, states and other eligible entities must submit a letter of intent and a planning funds budget. Each state will have support from NTIA staff.

The Enabling Middle Mile Broadband Infrastructure Program will award grants on a competitive basis to eligible entities for the construction, improvement, or acquisition of middle-mile infrastructure.

Friday’s launch of the State Digital Equity Planning Grant Program kicks off a series of Digital Equity Act steps that will invest $1.5 billion to heighten adoption and use, like digital literacy training, for those who need it most, including communities of color, rural communities, and older Americans.

New web site from the Commerce Department’s NTIA

In addition to program’s kickoff by Raimando, the NTIA launched a new web site, Internet for All, as well as an Internet for All Fact Sheet, with links to all three broadband programs.

The agency also released a series of webinars for every day next week. And the week after next, this writer will have the the opportunity to sit and and interview NTIA Administrator Alan Davidson at Mountain Connect on Tuesday, May 24.

“The resources in President Biden’s Bipartisan Infrastructure Law will allow us to bring broadband infrastructure to every corner of our country, make service affordable for everyone, and ensure users have the devices and digital skills they need,” said Deputy Secretary of Commerce Don Graves.

“Generations before us brought electricity to rural America and built the interstate highways,” said Davidson, who is also Assistant Secretary of Commerce for Communications and Information. “Our generation’s task is to connect all Americans online.”

NTIA gives preference to fiber

The 98-page Notice of Funding Opportunity provides answers to many of the questions for which the NTIA sought comment in January and February. Local coordination emerges as a strong theme in the BEAD NOFO.

In the NOFO, the NTIA provides a clear preference on some important questions, including fiber versus other technologies, addressing the underserved as well as the unserved, and ensuring no bar on municipal broadband.

“With respect to the deployment of last-mile broadband infrastructure, the Program prioritizes projects designed to provide fiber connectivity directly to the end user,” the NTIA’s NOFO reads on page 7.

The requirement also highlights how important it is that projects “provide a low-cost option to eligible subscribers” and that state awardees “have plans to address middle-class affordability.” (Also on page 7.)

Later, the NTIA emphasizes that to meet the threshold for being a “Priority Broadband Project,” a project must “provision service via end-to-end fiber-optic facilities to each end-user premises.” (Page 14.) In a footnote, the agency further notes that “a project that will rely entirely on fiber-optic technology to each end-user premises will 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.”

The underserved are not slighted

Additionally, the NTIA is not unduly emphasizing the “underserved” part of the broadband marketplace.

IIJA established the definition of “unserved” as a location not capable of receiving broadband internet access at 25 Megabits per second (Mbps) download and 3 Mbps upload, which is the FCC’s current definition of broadband.

IIJA established a second definition of “underserved” as a location not capable of receiving broadband at 100 Mbps x 20 Mbps.

This means that a broadband project aiming to address the “underserved” as well as the “unserved” may require more robust broadband investment.

“The [BEAD] Program’s principal focus will be on deploying broadband service to unserved locations and underserved locations,” the NTIA writes on page 7 (emphasis in original).

“Eligible Entities that demonstrate they will be able to ensure service to all unserved and underserved locations will be free to propose plans that use remaining funds in a wide variety of ways, but NTIA underscores its strong preference that Eligible Entities also ensure deployment of gigabit connections to community anchor institutions such as libraries and community centers that lack such connectivity.”

This language, and the inclusion of “unserved” and “underserved” in the same phrase, strongly suggest that the NTIA is seeking to nudge states toward the more ambitious goal of ensuring that all Americans have access to 100 x 20 Mbps broadband.

Municipal broadband gets a warm embrace

Also noting that IIJA specifically requires that BEAD funds be available for private, cooperative and non-profit broadband providers, NTIA is firmly nudging states to eliminate or relax existing laws against municipal broadband.

On page 50 and 51, the NTIA writes:

  • Competition among broadband providers has the potential to offer consumers more affordable, high-quality options for broadband service. As required by the Infrastructure Act, in awarding subgrants for the deployment of a broadband network using grant funds, Eligible Entities may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments (“potential providers”) from eligibility for grant funds. In determining whether to approve an Eligible Entity’s Initial or Final Proposal, NTIA will consider whether the Eligible Entity has, after the enactment of the Infrastructure Act, adopted new laws, regulations, policies, procedures or any other form of rule or restriction that, in the determination of NTIA, seeks to exclude or has the effect of excluding any potential providers from eligibility for its subgrant competition. This could include new laws that have the effect of excluding providers from offering broadband service or rendering them incapable of effectively competing for subgrants.
  • Some laws of Eligible Entities concerning broadband, utility services, or similar subjects that predate the enactment of the Infrastructure Act may either preclude certain public sector providers from participation in the subgrant competition or may impose specific requirements on public sector entities, such as limitations on the sources of financing, the required imputation of costs not actually incurred by the public sector entity, or restrictions on the service a public sector entity can offer. NTIA strongly encourages Eligible Entities to waive all such laws for purposes of the Program. If an Eligible Entity does not do so, the Eligible Entity must identify all such laws in its Initial Proposal and describe how the laws will be applied in connection with the competition for subgrants. Such Eligible Entity must, in its Final Proposal, disclose each unsuccessful application affected by such laws and describe how those laws impacted the decision to deny the application.

Steps and deadlines

The NOFO kicks off a series of key milestones and grant application deadlines. Letters of intent from states must be received by 11:59 p.m. ET on July 18, 2022. All supplemental information must be submitted by 11:59 p.m. ET on August 15, 2022.

These states must then submit their five-year action plans to NTIA within 270 days of receiving their planning funds. States will be notified of future submission deadlines following the FCC’s release of the maps required by the Broadband Deployment Accuracy and Technology Availability (DATA) Act that was again included in IIJA. The FCC has said these maps will be available this fall.

Following those first three steps (the letter of intent, request for initial planning funds, and the five-year action plan), additional steps in the IIJA BEAD process include: (4) Program Fund Allocation and the Notice of Available Amounts, (5) the Initial Proposal, (6) the Challenge Process, (7) the Subgrantee Selection Process, (8) the 20 Percent Funding Release, and (9) the Final Proposal and Release of Remaining Funds.

Among the Commerce Department’s talking points include:

  • Connect All Americans to High-Speed Internet. For far too long, too many Americans have been left out or left behind because they don’t have access to reliable, affordable high-speed internet.
  • Close the Digital Divide. Beyond lacking access, many people in communities across the nation can’t afford Internet service, or they don’t have the skills necessary to effectively use the Internet or a connected device.
  • Make the Internet More Affordable. Internet access is essential to participate in today’s economy. For far too long, too many Americans have been left out or left behind because they don’t have access to reliable, affordable high-speed Internet.
  • Ensure that Children have Access to the Education they Deserve. During the pandemic, parents and children were asked to work and learn alongside one another at home – but far too many homes didn’t have internet access at the speeds and cost necessary to participate.
  • Expand Telehealth and Connect Vital Public Safety Services. For Americans who live in communities with slow or unreliable Internet connections, the COVID-19 pandemic posed an extraordinary challenge. Communities with limited or no access were left out and left behind without access to life-changing or life-saving technologies for education and telehealth.
  • Create Good-Paying American Jobs. A highly trained, diverse workforce that can safely do their jobs will be essential to connecting everyone in America to high-speed internet. The Internet for All programs will create thousands of good-paying jobs, and NTIA will work with states, territories, and other partners to ensure that those jobs are accessible to a workforce that looks like America.

Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.


Treasury Department and Local Officials Tout American Rescue Plan Funds

Federal funding program prepares communities for economic turmoil.



Photo of Jacob Leibenluft of the U.S. Department of the Treasury

WASHINGTON, March 23, 2023 – American Rescue Plan Act funds sets the United States ahead in economic resiliency, said experts at a Brookings Institution event Thursday. 

When ARPA was passed in March of 2021, the United States Department of the Treasury was tasked with ensuring that funds would be used to build sustainable programs past the 2026 expenditure deadline as well as programs that would build capacity for future government programs, said Jacob Leibenluft of the Treasury.  

At the onset of the COVID-19 pandemic, states did not have the systems in place to reach people in need of help, said Leibenluft. ARPA funds help communities invest in a strong system to provide support to community members, which sets the United States ahead of where it would have been otherwise, he said, claiming that the funds will help the country weather upcoming economic turmoil. 

To take advantage of this opportunity, Leibenluft suggested that localities develop and share best practices. The most effective way to use ARPA funds is to develop the “plumbing” that connects citizens to government programs which localities can then maintain on their own budgets, he said. 

“There are certain things that are just not sustainable in the absence of ARPA funds,” he continued, “what we have built is really a demonstration of programs that can be sustained through a combination of local, state and federal funds.” 

Local governments need to view ARPA as one-time spending, added Tishara Jones, mayor of Saint Louis, Missouri. Saint Louis did not develop any ARPA-reliant programs that would extend beyond the 2026 expenditure deadline. Instead, the city is finding revenue in its existing budget for supporting new programs on its own. 

Even so, state officials suggest that the Treasury’s 2026 expenditure deadline is too soon, claiming that not all funds necessary for broadband infrastructure upgrades will be received by that time.  

The American Rescue Plan gave $1.9 trillion for direct financial assistance, education support, health programs, transportation, and state and local fiscal recovery. An estimated 10% of funds are being used to build infrastructure, including broadband deployment, according to Brookings. The program’s allocation phase is set to be complete by the end of 2024.  

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Expert Opinion

David Strauss: How Will State Broadband Offices Score BEAD Applications?

Fiber, coax and fixed wireless network plans dependent on BEAD funding demand scrutiny.



The author of this Expert Opinion is David Strauss, Principal and Co-Founder of Broadband Success Partners.

Given the vital ways in which access to broadband enables America, adequate Internet for all is a necessary and overdue undertaking.  To help close the digital divide, the Infrastructure Investment and Jobs Act includes $42.5 billion in Broadband Equity, Access and Deployment funding for the last mile. Add to this the estimated level of subgrantee matching funds and the total last mile figure rises to $64 billon, according to the BEAD Funding Allocation and Project Award Framework from ACA Connects and Cartesian.

The federal funds will be disbursed by the Department of Commerce’s National Telecommunications and Information Administration to the State Broadband Offices who will then award subgrants to service providers. On June 30, each state will find out their allocation amount. By 2024, the states will establish a competitive subgrantee process to start selecting applicants and distributing funds.

A critical element of the selection process is the methodology for scoring the technical merits of each subgrantee and their proposal. Specific assessment criteria to be used by each state are not yet set. However, the subgrantee’s network must be built to meet these key performance and technical requirements:

  • Speeds of at least 100 Megabits per second (Mbps) download and 20 Mbps upload
  • Latency low enough for “reasonably foreseeable, real-time interactive applications”
  • No more than 48 hours of outage a year
  • Regular conduit access points for fiber projects
  • Begin providing service within four years of subgrant date

What level of scrutiny will each state apply in evaluating the technical merits of the applicants and their plans?

Based on our conversations with a number of state broadband leaders, the answers could be as varied as the number of states. For example, some states intend to rigorously judge each applicant’s technical capability, network design and project readiness. In contrast, another state believes that a deep upfront assessment is not needed because the service provider will not receive funds until certain operational milestones are met. Upon completion, an audit of the network’s performance could be implemented.

We, at Broadband Success Partners, are a bit biased about the level of technical scrutiny we think the states should apply. Having assessed over 50 operating and planned networks for private sector clients, we appreciate the importance of a thorough technical assessment. Our network analyses, management interviews and physical inspections have yielded a valuable number of dos and don’ts. By category, below are some of the critical issues we’ve identified.

Network Planning & Design

  • Inadequate architecture, lacking needed redundancy
  • Insufficient network as-built diagrams and documentation
  • Limited available fiber with many segments lacking spares

Network Construction

  • Unprotected, single leased circuit connecting cities to network backbone
  • Limited daisy-chained bandwidth paths on backhaul network
  • Lack of aerial slack storage, increasing repair time and complexity

Network Management & Performance

  • Significant optical ground wire plant, increasing potential maintenance cost
  • Internet circuit nearing capacity
  • Insufficient IPv4 address inventory for planned growth


  • Obsolete passive optical network equipment
  • Risky use of indoor optical network terminals in outdoor enclosures
  • Sloppy, untraceable wiring

Technical Service / Network Operations Center

  • Technical staff too lean
  • High labor rate for fiber placement
  • Insufficient NOC functionality

While the problems we uncover do not always raise to the level of a red flag, it happens often enough to justify this exercise. Our clients who invest their own capital in these networks certainly think so. The same should hold true for networks funded with taxpayer money. Fiber, coax and fixed wireless network plans dependent on BEAD funding demand serious scrutiny.

David Strauss is a Principal and Co-founder of Broadband Success Partners, the leading broadband consulting firm focused exclusively on network evaluation and technical due diligence. This piece is exclusive to Broadband Breakfast.

Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.

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Treasury Feels Obligated to Inform Federal Agencies about Capital Projects Fund Projects Locations

Department of Treasury is working to provide guidance for providers on how to grow their business.




Photo of the Treasury Department building in Washington.

WASHINGTON, March 16, 2023 – The Treasury Department is focusing on keeping afloat other federal agencies about completed broadband builds using its Capital Projects Fund to ensure federal money is not wasted, according to the program’s director on Wednesday.

Joseph Wender said on a Fiber for Breakfast web event that the department requires recipients of money from the fund to provide the coordinates of “every location that’s been served.

“Because we do feel an obligation to our federal partners, particularly the [Federal Communications Commission] and the [National Telecommunications and Information Administration] to ensure that our federally funded locations are fit into the larger map,” Wender added.

“We need to have a global awareness of where all of our funds are,” he added. “That is a reporting requirement that we take very seriously.”

The FCC released its first version of the broadband map in November and subsequently opened up a second round of data collection on January 3.

Since then there have been challenges sent to the agency on the accuracy of the map, including where areas are reported to have builds but don’t.

The map will be used by the NTIA’s Broadband Equity, Access and Deployment program to deliver $42.5 billion to the states by June 30.

Industry associations and experts have requested that the FCC map add more information, including up-to-date information on where other federal and state funds are being allocated.

In January, experts agreed at an event that the federal funds should be better tracked in order to maximize its benefits.

“Money goes out from the government in broadband stimulus, but we don’t track where it’s going very well,” said Sarah Oh Lam, senior fellow at the Technology Policy Institute, a federal funded research and development center. “We really don’t know outcomes…and I don’t see many efforts in mandating that we collect data from this [stimulus] round from the grantees that receive money.

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