NTIA Needs More Time to Issue Guidance on Non-Deployment Funding, State AI Laws

Agency guidance on the issue was expected March 11.

NTIA Needs More Time to Issue Guidance on Non-Deployment Funding, State AI Laws
Photo of the U.S. Department of Commerce building in Washington on Dec. 7, 2024, by Jose Luis Magana, file/AP

WASHINGTON, March 6, 2026 – Federal guidance on how states can spend $21 billion in broadband funding, and on which states are potentially ineligible to use their slice of the money, has been delayed.

The head of the National Telecommunications and Information Administration said Friday the agency’s guidance on the issue, expected March 11, was being pushed back so the agency could review the large volume of input and hear again from state broadband officials at a gathering in Washington, D.C. next week.  

“While our guidance was expected by next week, we are taking additional time to review the comments and finalize our approach to ensure these funds are spent as efficiently and responsibly as possible,” NTIA Administrator Arielle Roth said in a statement. “American taxpayers work hard for their money and deserve nothing less from this Administration.”

The $42.45 billion Broadband Equity, Access, and Deployment program will have about half of its budget left over after funding deployment projects, partly a result of Trump administration efforts to drive down spending. 

NTIA has taken input on how it should allow states to use their remaining money in recent weeks, holding two listening sessions and soliciting written comments. Under a December executive order, the agency also has to issue a notice telling states with “onerous” laws on AI companies that they’re not eligible to spend their non-deployment money, “to the maximum extent allowed by federal law.”.

An NTIA spokesperson said the guidance on AI laws and on allowable uses of the funding would come together and that both had been pushed back. The spokesperson said there wasn’t a time frame for when the guidance would be released but that the agency was trying to move as quickly as possible.

NTIA Chief of Staff Brooke Donilon said at an INCOMPAS conference last month the AI law restriction would target a “handful” of states.

The agency has received a lot of input on how it should direct non-deployment spending, 175 speakers across the two listening sessions and 188 written comments, according to Roth’s statement. Roth has floated using the money to boost state and local permitting capacity, and Donlion mentioned pole replacement funds positively at the same INCOMPAS conference.

Commenters have proposed a lot of other ideas, like funding mobile infrastructure and NG911 upgrades, workforce development programs, or a broadband subsidy for low-income households.

Roth said in her statement that state broadband officials are gathering in D.C. next week for one of NTIA’s State Broadband Leader Network conferences.

“This conference presents a unique opportunity to engage directly with the states on how some of these ideas could be implemented to ensure we continue maximizing the value of the BEAD program for the American people,” she said.

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