NTIA: Federal Permitting Issues Could Slow BEAD Projects
Federal permitting problems could become notable impediments to BEAD deployment projects, Lukas Piertzak, NTIA senior broadband policy adviser, acknowledged Wednesday. Yet Piertzak also said a clawback of BEAD funding next year seems unlikely. BEAD, as well as NTIA's tribal connectivity and middle-mile programs, are perhaps insulated because of their bipartisan support not just from federal lawmakers but also governors and local officials, he added. Piertzak spoke during a panel discussion in T-Mobile's Washington office organized by ALLvanza, Multicultural Media, Telecom and Internet Council, LGBT Tech, and OCA – Asian Pacific American Advocates.
Much of the discussion concerned possible BEAD deployment impediments. Warning of potential hurdles from pole attachment and public rights-of-way issues, telecommunications regulatory consultant Deborah Lathen questioned whether the federal government should push states more for pole attachment settlements. Free State Foundation President Randolph May said the time that has passed since the Infrastructure Investment and Jobs Act was signed into law, with BEAD construction still not yet commencing, was "a bit disappointing." He added, "A little too much process" slowed BEAD.
O.J. Semans, co-executive director of Native American tribal sovereignty organization Four Directions, said BEAD carries "a mile of red tape." Tribes need more startup money from NTIA to tackle the cost of addressing issues like challenging a sometimes wildly exaggerated FCC broadband map that overstates connectivity on tribal land, Semans added. In addition, more pressure should be put on states to coordinate and communicate with tribes.
Piertzak said NTIA recognizes tribal consultations are a must and that the agency will hold states' feet to the fire about needing consent from tribes to deploy. Concerning federal permitting, NTIA has gathered federal officials to discuss streamlining the approval processes and what tools states have for federal permitting. He said BEAD is using the same categorical exclusions process used with FirstNet's buildout, and that will expedite things.
The BEAD process "is really marching forward" on the timeline Congress set, Piertzak said. The year-plus improving the FCC's broadband map was time "well spent." He said states will be particularly aggressive about distributing BEAD money to subgrantees, starting in 2025.
Some form of subsidization of internet access for low-income people is important, but the affordable connectivity program was too generous, with the bar for qualifying too low, May said. ACP, he added, should have been rationalized with Lifeline. He said if there is to be an ACP extension under the Trump administration and next session of Congress, it will come only if eligibility is more conservative.
The groups that organized the panel laid out a litany of policy suggestions for the incoming White House administration and next session of Congress. ALLanza founder-President Rosa Mendoza urged focusing on universal access to affordable, reliable broadband, as well as on crafting comprehensive online privacy protections. In addition, she said strong protections for intellectual property creation are needed, and called Title II regulation of the internet "outdated." LGBT Tech General Counsel Carlos Gutierrez also called for a focus on the digital divide and federal privacy legislation. Moreover, he said that while AI policy will center on deregulation, there's a need for "common sense" AI regulations that protect marginalized communities.