Federal BEAD Rules Claim Neutrality, But Critics See Bias
Some panelists said new rules impose unequal requirements on broadband providers, others called changes 'largely positive'
WASHINGTON, June 16, 2025 – New federal rules governing the Broadband, Equity, Access and Deployment program purport to speed deployment of broadband infrastructure, but some experts said Thursday that the changes could come at the cost of long-term scalability and meaningful participation by smaller providers.
“I do think that this [policy notice] is a mixed bag with a lot more bad than good,” said Jessica Dine, policy analyst at New America's Open Technology Institute, who said some ancillary requirements are being mischaracterized as “totally unnecessary.” She agreed that simplifying the rules would have a positive impact, but said that Commerce Secretary Howard Lutnick’s approach was “a messy way to do it.”
While the Commerce Department’s revised rules issued June 6 emphasize “technology neutrality,” Dine and other stakeholders speaking during a panel at Broadband Breakfast’s Speeding BEAD Summit on Thursday, noted that the new framework may favor scale and speed over sustainability and equity.
FROM SPEEDING BEAD SUMMIT
Panel 1: How Are States Thinking About Reasonable Costs Now?
Panel 2: Finding the State Versus Federal Balance in BEAD
Panel 3: Reacting to the New BEAD NOFO Guidance
Panel 4: Building, Maintaining and Adopting Digital Workforce Skills
Can't see the video? Join the Breakfast Club to watch
“I don't think this notice is tech neutral,” Dine said. “It's biased towards technologies from providers that can eat the costs of having to redo the [application] process, providers that are able to apply everywhere simultaneously, and providers that can request lower upfront amounts of BEAD funding.”
That wasn’t the only disparity panelists highlighted.
Impact of the notice on Build America, Buy America?
Moderator Drew Clark, CEO of Broadband Breakfast, pointed out that BEAD holds different technologies to different standards. While fiber manufacturers were required to meet Build America, Buy America (BABA) requirements – which mandate the use of certain domestically produced equipment – other technologies, including wireless and satellite, were granted exemptions.
“Have we simply moved from one tech preference to another?” Clark asked the panel.
Lori Adams, Vice President of Broadband Policy and Funding Strategy at Nokia, answered that the disparity was significant.
“Satellite and alternate technologies are completely waived from all BABA requirements for U.S. manufacturing,” Adams said. “The fiber industry has had to comply and has responded in a significant way.” She noted that more than 45 companies have self-certified over 72 U.S. manufacturing sites for fiber components under the program.
“As U.S. manufacturing is one of this Administration's top priorities, it should most definitely be highlighted and celebrated,” she said.
Nicholas Malatesta, political advisor to Sen. Mark Warner, D-Va., shared those concerns: “I worry that, with this notice, the administration is perhaps valuing immediate, near-term goals – cost per building, perhaps – rather than the long-term strategic goals that were part of Congress’s intent.”
Malatesta also noted that the Senate Commerce Committee’s recent proposal to tie BEAD funding to state laws regarding AI deployment was “extremely concerning.”
'Largely positive' changes, some say
Others on the panel welcomed the shift.
Rick Cimerman, vice president of external and state affairs at NCTA - the Internet and Television Association, major cable operators, expressed sympathy for the state offices who will be overwhelmed by applications in the coming month. But he maintained a “largely positive” view of the BEAD restructuring policy notice.
“Some analyses, at least on Friday afternoon, were, frankly, rather hysterical,” said Cimerman. “I was heartened to hear [a more measured reaction], particularly from the state broadband officials on [an earlier] panel today.”
“It’s a real shift in thinking from NTIA,” added Matt Mandel, vice president of government affairs for WISPA - Broadband Without Borders. “It’s going to open the program up to a lot of providers… recognizing fixed wireless, as long as you can meet the standards, will make the program much more cost effective.”
Under the BEAD program’s original rules, the fixed wireless providers WISPA represents could only apply in areas where no fiber provider had submitted a bid. Mandel said wireless providers welcomed that change.
Correction: A prior version of this story, referring to companies' sites certified for U.S. manufacturing, incorrectly referred to 772 sites, when in fact the number is 72 sites. The story has been corrected.
