NTIA Releases Draft Guidance on BEAD Performance Testing

WASHINGTON, Dec. 9, 2024 – The Commerce Department released draft guidance on how Internet Service Providers will collect and report compliance data as part of its flagship broadband expansion program. The agency is taking comments until Dec. 19, 2024 before issuing a final policy notice.

The $42.5 billion Broadband Equity, Access, and Deployment program requires participants to provide speeds of at least 100 megabits per second download and 20 Mbps upload and latency below 100 milliseconds, in addition to keeping average outage time below 48 hours per year.

Providers will have to submit that information to states and territories, the entities ultimately administering the program, twice a year during build outs and for 10 years after BEAD-funded networks are constructed. 

Existing BEAD rules take up current Federal Communications Commission policies for collecting that information, as many providers expected to bid for BEAD dollars also participate in FCC subsidies. Intended for states and territories not used to being on the receiving end of FCC performance tests, the draft guidance elaborates on how providers will ultimately conduct tests and report results.

Providers will have to show 80 percent of both their download and upload speed measurements exceed the minimum requirements. Latency tests will have to be below 100 milliseconds 95 percent of the time. 

Those measurements have to be taken from a random sample of active subscribers, at least five locations or 10 percent of the total, whichever is larger. Each technology and speed tier to which the participant committed have to be sampled separately.

“This Policy Notice’s approach leans heavily on well-established FCC practices and is designed to minimize administrative burdens on Eligible Entities and Subgrantees,” the draft says.

States and territories have some leeway to mandate extra requirements like larger sample sizes, but won’t be able to change the speed and latency requirements in the BEAD rules.  The agency asked commenters to submit feedback to BEAD@NTIA.gov by the end of Dec. 19.