Funding
NTIA Stands Firm on Buy America Rules, Says BEAD Projects Must Be American
The NTIA’s comments came after President Biden said fiber optics should be made in America.

WASHINGTON, February 9, 2023 – In a firm statement on Thursday, the National Telecommunications and Information Administration said it will stand behind the country’s domestic production preference laws when it comes to the manufacturing of fiber optic glass or cable products using federal funds.
It also said it believes broadband projects funded from its $42.5 billion Broadband Equity, Access and Deployment program “have time” to get “made in America” products, potentially closing the door on waivers for products some in the industry have said could increase the cost or make the timely completion of projects difficult for that program. The NTIA will allocate the BEAD money to the states by June 30.
The Infrastructure, Investment and Jobs Act includes a “Build America, Buy America” provision that requires at least 55 percent of the cost of products funded by the federal government for projects be made in the country. But the legislation includes an exemption opportunity from the domestic preference rule in certain cases.
“NTIA has done considerable research and does not currently see any need for waivers for fiber optic glass or cable,” the Commerce Department agency said in its Thursday statement.
The comments were in direct response to President Joe Biden’s State of the Union Address on Tuesday night, in which he announced “new standards” requiring “all construction materials used in federal infrastructure projects to be made in America,” with a specific mention of fiber optic cables.
“Our expectation is that industry will be able to produce enough quantity [of fiber] to satisfy the demand from the Broadband Equity, Access, and Deployment (BEAD) Program over the coming years,” the NTIA statement said, adding it will not be an agency that will “skirt” the BABA requirements.
The Commerce Department agency added it “believes that if it can be Made in America, it should be made in America – and it’s why we’ll strictly enforce ‘Build America, Buy America’ (BABA) requirements outlined in the Bipartisan Infrastructure Law and the Internet for All Notices of Funding Opportunity (NOFOs),” it added.
Broadband Breakfast reported that the Fiber Broadband Association sent a letter to Sen. John Thune, R-SD, about the need for BABA waivers on products that exclude optical fiber and fiber cable but that include other optical connectivity products, fiber optic adapters and connectors, and fiber cable assemblies and enclosures. If those have to be made in America, the industry association says costs would increase significantly.
Wednesday’s Broadband Breakfast Live Online event included a discussion on BABA.
BEAD projects can be made in America, NTIA says
The NTIA also said that it believes bidders for the $42.5 billion BEAD money will be able to satisfy their domestic production requirements, despite some in the industry requesting some form of BABA waiver because some of the products they need for build are produced overseas.
“The BEAD Program has different requirements, and manufacturers have time to re-shore or expand their operations,” the NTIA statement said. “Moving forward, NTIA will work with these businesses to ensure that they can produce the relevant products for the BEAD program domestically.
“We are carefully monitoring administration-wide initiatives like the new proposed Made in America policies from the Office of Management and Budget (OMB) to ensure that we meet our obligations,” the statement added.
The NTIA is currently considering a BABA waiver opportunity for its $1 billion Enabling Middle Mile Broadband Infrastructure Program, which includes certain project components. It also has an existing waiver in place for its Tribal Broadband Connectivity Program and the Connecting Minority Communities Pilot Program.
Funding
Treasury Department and Local Officials Tout American Rescue Plan Funds
Federal funding program prepares communities for economic turmoil.

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.
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.

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
Equipment
- 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 commentary@breakfast.media. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.
Funding
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.

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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