House Democrats Seek NTIA Clarification of Rules for Non-Deployment BEAD Funding

Rep. April McClain Delaney of Maryland and nine other House Democrats pressed Commerce Secretary Howard Lutnick and NTIA Administrator Arielle Roth this week to give states more “clarity” about how the agency's June 6 policy restructuring notice for the $42.5 billion BEAD program affects how they can spend grants on non-broadband deployment projects (see 2506060052). “We urge NTIA to issue formal clarification elucidating how States may use remaining BEAD funds [on] parallel investments in the foundational non-deployment activities that enable effective implementation and adoption,” said McClain Delaney, a former deputy NTIA administrator during the Biden administration, and her colleagues in a Monday letter to Lutnick and Roth. They want a response by Tuesday.

“While the [revised policy notice] has severely impacted the work that States, communities, providers, and our constituents have already completed, States have begun preparing their applications to meet the approaching deadline,” the Democrats said. But some "critical aspects" of the policy notice "remain unresolved for BEAD applicants and require clarification from the Department of Commerce. Notably, it is unclear how nondeployment funds can be used.” Providing “timely clarity to BEAD applicants is particularly urgent considering the upcoming [Sept. 4] deadline” for submitting revised plans to NTIA, they said. “States require clear and specific guidance to ensure remaining funds can be repurposed in accordance with BEAD statutory authority” and the original 2022 notice of funding opportunity.