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Sean Gonsalves: NTIA Assistant Secretary Alan Davidson Dishes on BEAD at Mountain Connect 2022

The NTIA will press states to not lock out publicly-owned broadband project. If they do, they must disclose why.

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Mountain Connect 2022 got a big kick off this morning in Keystone, Colorado with a Q&A discussion between National Telecommunications and Information Administration Assistant Secretary Alan Davidson and Broadband Breakfast CEO, Editor and Publisher Drew Clark.

Davidson provided a broad overview of the newly released Notice of Funding Opportunity for the $42.5 billion Broadband Equity Access & Deployment program, which set the table for the multitude of break-out sessions that attracted a who’s who of broadband providers, vendors, policy-makers and vendors.

Under the BEAD program, each of the 50 states will be eligible to receive a minimum of $100 million to expand high-speed Internet access, though most states will receive hundreds of millions more as additional funding will be allocated to states based on a formula that takes into account how many unserved households are in each state.

Most states on board for BEAD

Davidson said that 25 states have already submitted their Letter of Intent to seek BEAD funding. In all, 35 states have indicated they will also participate in the program so far as NTIA works with the other 15 states and territories to encourage them to take advantage of the largest ever federal investment in broadband.

While Davidson touted the unprecedented opportunity now being made available to states to close the digital divide, Clark did probe him on several concerns around the requirements of the BEAD application process that a number of broadband advocates and small- to midsize Internet Service Providers have raised since the NOFO was released on May 13.

One question in particular Clark raised was the letter of credit requirement that subgrantees must acquire to qualify for funding. A number of ISPs and local officials interested in municipal broadband projects are saying the requirement is onerous and may prove to be a disincentive for new entrants into the broadband market now dominated by the big monopoly ISPs.

Davidson noted his office has been hearing those concerns and that the NTIA may adjust the rules based on that feedback.

NTIA will encourage states to include publicly-owned networks

We also had a chance to ask Davidson a question: Would states with preemption laws that prevent or erect barriers to municipalities, cooperatives, nonprofits and other public entities from accessing BEAD funds be disqualified from the BEAD program?

Davidson said the NTIA will press states to not lock out publicly-owned broadband projects and if they propose to do so they must disclose why. But, he stopped short of saying that states with such preemption laws would be disqualified from participating in the BEAD program.

However, Davidson and Clark both, pointed to the specific language in the NOFO that says:

  • NTIA strongly encourages Eligible Entities (states) to waive all such (preemption) 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.

Internet for all?

While Davidson did not explicitly say NTIA would wholeheartedly accept BEAD applications from states with preemptions laws that lock out public sector providers, it seems clear the NTIA will not deny BEAD funds to states with preemption laws that violate both the letter and spirit of the Infrastructure Investment and Jobs Act (IIJA), which authorized the BEAD program.

The BEAD NOFO and Davidson’s remarks were a major topic of discussion at the dozens of breakout sessions held later in the day, covering everything from funding new broadband investments and community development to community broadband case studies and emerging technologies.

Multiple NTIA officials claimed BEAD is intended to connect all Americans and, in fact, the Biden admininstration calls it the Internet for All intiative. However, neither Congress nor the Biden administration have a plan to ensure all low-income urban households are connected.

The three-day conference will conclude on Wednesday with that final day being kicked-off by a Q&A with U.S. Sen. John Hickenlooper.

Watch our Connect This! livesteam discussing the implications of the BEAD NOFO here.

This article originally appeared on the Institute for Local Self Reliance’s Municipal Broadband project on May 24, 2022, and is reprinted with permission.

Funding

Researching the Impact of Digital Equity Funding Starts With Community Collaboration

Understanding the funding impact will ‘begin with the NTIA’s mandate to work with community partners.’

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CLEVELAND, June 23, 2022 – Formulating research questions and making data readily accessible will contribute to the impact of federal and state digital equity funding, said experts speaking at the Pew Charitable Trusts’ Broadband Access Summit Wednesday.

It is essential to “formulate the research questions with communities” so that researchers will understand what is of interest and importance to the residents and local leaders, said Nicole Marwell from the University of Chicago,

Marwell said it is “critical” for researchers to consider how to “ask questions that bring answers that are more relevant for the community partners and then for [researchers] to try and figure out a way to make that interesting for a research audience.”

“We can demystify research,” said Fallon Wilson of the #BlackTechFutures Research Institute, speaking on how researchers can effectively work with community members. When data looks friendly to local leaders, they can go directly to their state broadband offices and advocate for their specific needs in specific areas.

“The best advocates are the people who advocate for themselves,” said Wilson.

Our role as researchers can play is to make data digestible for the non-academic, said Hernan Galperin of the University of Southern California.

The National Telecommunications and Information Administration requires states to work with community leaders and partners for the funds distributed by the Infrastructure Investment and Jobs Act.

Wilson praised this mandate, saying that understanding the funding impact will “begin with the NTIA’s mandate to work with community partners.”

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BEAD Program Initiative Should Utilize Analysis of Affordable Connectivity Program Enrollment

Analyzing ACP enrollment can help the BEAD program solve the ‘persisting gap between deployment and subscription.’

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WASHINGTON, June 16, 2022 – The National Telecommunications and Information Administration should utilize adoption data from the Affordable Connectivity Program to maximize the effectiveness of its $42.5-billion infrastructure program, according to a broadband adoption expert.

“If the federal government’s investments in broadband connectivity are to be effective, different programmatic pieces must work together,” said John Horrigan, Benton Senior Fellow and expert on technology adoption and digital inclusion, in a blog post Thursday.

Analyzing the enrollment data of the Federal Communications Commission’s ACP can help the Broadband Equity, Access and Deployment program — a $42.5 billion fund for infrastructure to be handed to the states — solve the “persisting gap between deployment and subscription” in three ways, said Horrigan.

First, examining ACP enrollment in zip codes can help target which areas within cities are unaware of ACP. Second, understanding where ACP enrollment is over-performing can “launch productive inquiry into models that may be effective – and replicable.” Third, ACP enrollment findings can help structure community outreach initiatives for digital inclusion.

“The National Telecommunications and Information Administration has emphasized that a key goal of BEAD investments in digital equity,” said Horrigan. “State planners will need all the tools they can find to work toward that goal – and analysis of ACP performance is one such tool.”

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States Must Review ISP Capabilities When Awarding Federal Infrastructure Funds

‘[State] decision makers in this program need to be careful about who is the qualified and experienced provider.’

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Photo of Paul Garnett (middle) and Alex Minard (right)

WASHINGTON, June 14, 2022 – States should ensure telecoms trusted with billions in federal infrastructure funds can do the job before giving them the money, according to experts at an Information Technology and Innovation Foundation webinar on Tuesday.

“[State] decision makers in this program need to be careful about who is the qualified and experienced provider and who is going to be able to actually deliver,” said Alex Minard, state legislative counsel at the NCTA, Internet and Television Association.

State broadband offices should look at the ISP’s broadband deployment plans and company track records to determine whether the provider has sufficient capacity to complete the project, said Paul Garnett, CEO of the broadband consulting firm the Vernonburg Group.

An ISP’s customer base and experience in broadband deployment can help states determine whether to invest in the company, added Garnett.

Minard added that ISP’s that provide a matching fund demonstrate their desire to work with the state and follow-through with their commitments.

He added that states must consider the costs of the project in regard to available funds, the likelihood of sign-ups from community members, and who will run the cybersecurity of the network in the long term.

State partnerships with ISP’s have been said to be essential for broadband deployment.

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