You’re reading the Benton Institute for Broadband & Society’s Weekly Digest, a recap of the biggest (or most overlooked) broadband stories of the week. The digest is delivered via e-mail each Friday.

Round-Up for the Week of December 1-5, 2025

As of this week, the National Telecommunications and Information Administration (NTIA) has approved final Broadband Equity, Access and Deployment (BEAD) Program proposals from 30 states and territories. With less than four weeks left in 2025, Democratic leadership from the House Commerce Committee sent a letter to NTIA Administrator Arielle Roth asking a number of questions about NTIA's progress on BEAD implementation, changes made to BEAD rules following the June 6 Restructuring Policy Notice, and whether those changes should—or could (legally)—be made at all. Here's a bit of a recap of the last six months of BEAD changes that led up to the letter and concerns about squandering the $42 billion opportunity to connect everyone in America to affordable, reliable high-speed Internet service by the end of the decade.

A Restructuring Policy Notice Recap

If you were relaxing on a beach on June 6, good for you—unless, of course, you are a state broadband officer. You may have missed NTIA's June 6 BEAD Restructuring Policy Notice, which ushered in a host of changes to BEAD Program rules. NTIA's new rules instructed states to pick the cheapest technologies to deliver internet access and forced every state and territory to redo their subgrant programs in 90 days. The Policy Notice also eliminated BEAD requirements for fair labor practices, factoring in climate changes over the lifetime of networks, consumer protections, and measures to ensure these taxpayer-funded networks are affordable for potential subscribers.

The main updates to the BEAD Program introduced by the Trump Administration's new NTIA leadership—Administrator Arielle Roth, under U.S. Commerce Secretary Howard Lutnick—under the June 6 Policy Notice fell into seven categories:

1. Technology Neutral Approach for Broadband Projects: NTIA eliminated any distinctions between fiber, reliable broadband services (which include hybrid fiber-coaxial technology, digital subscriber line (DSL) technology, and terrestrial fixed wireless technology utilizing entirely licensed spectrum or using a hybrid of licensed and unlicensed spectrum), and alternative technologies (like low-earth orbit (LEO) satellite service). Now, all technologies meeting scalability, latency (less than or equal to 100 milliseconds), and speed (not less than 100 megabits per second for downloads and 20 megabits per second for uploads) performance standards can be considered without preference.

2. Elimination of Program Requirements: NTIA terminated certain BEAD requirements on fair labor practices, workforce development, climate change resilience, and net neutrality. Providers now only need to self-certify compliance with federal labor laws. NTIA also eliminated the middle-class affordability plan requirement and will now only approve proposals from states that include low-cost broadband service options proposed by the subgrantees themselves.

3. Benefit of the Bargain Round for Subgrantee Selection: NTIA rescinded all existing BEAD award selections. All states and territories had to conduct a new round of subgrantee selection to ensure fair competition, and all internet service providers—even if they hadn’t participated in earlier bidding rounds—could apply. States had 90 days (September 4, if you were doing the math in your head) to re-do their BEAD proposals to align with the Policy Notice, do another round of grantee selection, complete their selections, and submit a final BEAD proposal.

4. New Process to Determine Locations Eligible for BEAD Support: States had to implement a number of measures that would impact location eligibility, including investigating and accounting for locations that do not require BEAD funding (such as an already served location or one that does not require broadband, like a parking lot, garage or other support structure), modifying BEAD-eligible location lists to include locations where a provider has defaulted in another Federal broadband deployment program, and accounting for locations with access to existing unlicensed fixed wireless (ULFW) providers’ networks to prevent overbuilding. States also had to revise their list of eligible community anchor institutions (CAIs) to ensure their designations conform to the Infrastructure Investment and Jobs Act’s definition of a CAI.

5. Non-Deployment Funds: NTIA rescinded approval for all non-deployment activities previously okayed in the BEAD process. Under NTIA’s previous guidance, non-deployment funds could be used for projects related to broadband adoption, providing devices, digital skills training, and other activities to complement BEAD’s universal connectivity goals. NTIA refused to reimburse states for any new costs associated with previously approved non-deployment activities incurred after the June 6 Policy Notice, and stated that Final Proposals will only require detail on the use of BEAD funds for deployment projects.

6. Environmental Permitting: NTIA set a goal to issue National Environmental Policy Act (NEPA) approvals within two weeks for an estimated 90 percent of BEAD projects and eliminate approximately 3-6 months of environmental processing per project. States are required to use the new Environmental Screening and Permitting Tracking Tool (ESAPTT) within the NTIA Grants Portal.

7. Planning Redo and Access to Additional Funding: NTIA rescinded the previously approved Final BEAD Proposals from Delaware, Louisiana, and Nevada, “as those Final Proposals no longer effectuate the goals of the Program or the agency priorities.” All states must adhere to the changes in the June 6 Policy Notice. States had 30 days to request an Initial Proposal correction to incorporate the terms of the new Policy Notice into their plans. The submission included the list of newly added locations, if applicable.

Roth Announces Further Changes

After June 6, all states and territories started redesigning their Final Proposals. On October 28, in remarks to the Hudson Institute, Administrator Roth clarified some of the changes to BEAD and provided some updates on NTIA's work behind the scenes:

• NTIA is strictly enforcing matching requirements. Except in certain specific circumstances in the context of subgrants used to fund broadband network infrastructure deployment (i.e., projects in “high-cost areas” and other cases in which NTIA has waived the matching requirement), each state and territory shall provide, require its subgrantee to provide, or provide in concert with its subgrantee, matching funds of not less than 25 percent of project costs.
• No BEAD-funded project will be subject to net neutrality laws. States and territories must commit that they will not enforce any law, regulation, or other enforceable obligation that regulates the rates, terms, and conditions of broadband internet service or imposes net neutrality rules, open access, or other utility-style rules on broadband internet service, against a Subgrantee or its affiliates anywhere it provides service within the State, while that Subgrantee has any subgrant that is still within its period of performance, extended period of performance, or federal interest period.
• NTIA wants states to expedite permitting. NTIA is requiring, in its award agreements, firm commitments from states to expedite permitting, including commitments to streamline processing, minimize permitting-related costs, and, to the extent permitted by law, follow FCC rules on access to poles and conduit, including rules on “one-touch make-ready” and “self-help.”
• NTIA is exploring potential non-deployment uses. In her remarks, Administrator Roth said that NTIA is also considering how states can use the remainder of BEAD funds, or those slated for non-deployment purposes, on key outcomes like permitting reform.
• The majority of states and territories would have their funds by the end of the year. As of October, Administrator Roth said that NTIA remained on track to approve the majority of state plans and get money out the door in 2025.

Following this update, NTIA released a Frequently Asked Questions (FAQ) document that expands on these points and the BEAD rules.

So, Where Are We Now?

Almost all states and territories have redesigned their BEAD Program plans and submitted their Draft Final Proposals to NTIA for approval. The only exception is California, which will submit its proposal by December 19. Thirty states and territories have received NTIA approval for their Final Proposals as of this week, and NTIA is working to get as many approved by the end of the year as possible, according to Administrator Roth.

Administrator Roth also alluded to NTIA's approach to the use of remaining BEAD funds for non-deployment. "These dollars belong to the American people, and they should reap the benefit," she said. "Just as importantly, we must avoid actions that distort investment or stifle innovation," she added.

"Our approach to the BEAD savings will complement the program and reflect the same principles that made the reforms successful," said Administrator Roth. "We haven’t made any decisions yet but stay tuned."

House Democrats Have Questions. Does NTIA Have Answers?

In a November 25 letter to Administrator Roth, House Commerce Committee Ranking Member Frank Pallone (D-NJ), Communications and Technology Subcommittee Ranking Member Doris Matsui (D-CA), and Oversight and Investigations Subcommittee Ranking Member Yvette Clarke (D-NY) raised a host of concerns about the changes to the BEAD Program. For starters, the lawmakers note the Infrastructure Investment and Jobs Act (IIJA).

According to the lawmakers, the BEAD Program has always permitted all technologies, but not all technologies are equal under the law's requirements of "delivering scalable networks capable of supporting speed and capacity needs of the future." They focused on LEO satellite service, saying that "LEO providers are being selected to serve a significantly higher number of BEAD locations than they would have under the initial BEAD Notice of Funding Opportunity," despite studies that question the technology's ability to fulfill its obligations under the law.

The Representatives compared the restructured BEAD Program to the Federal Communications Commission's Rural Digital Opportunity Fund (RDOF), a program created under the first Trump Administration with the goals of extending broadband networks into unserved rural areas while expending the fewest possible federal dollars. In late 2020, the FCC tentatively awarded $9.2 billion to bring internet service to over 5.2 million locations. However, by 2025, $3.3 billion in RDOF awards are in default, and 1.9 million locations are no longer scheduled to receive service. Thus, in four years, more than one in three RDOF investments had failed.

In their letter, Reps Pallone, Matsui, and Clarke urge NTIA to release the full amount of each state and territory's BEAD allocation. "Neither the law nor a directive from the President through an executive order empowers NTIA to impound tens of billions of dollars that Congress authorized and appropriated in full to achieve specific policy outcomes, including universal connectivity, affordability,  scalable infrastructure, and broadband adoption," they said. "We urge you to release to each state and territory its full BEAD  allocation, including all funds for non-deployment activities allowable under the statute."

BEAD Questions

The Representatives requested that NTIA respond to several questions regarding the BEAD Program by December 12, 2025.

• Secretary Lutnick promised speed and efficiency in approving states and territories’ final proposals and promised BEAD program funding would be released by the end of 2025.
  • Will all states and territories have access to all of their funding by the end of this year?
• It has been reported that NTIA is using a cost model to determine cost estimates for buildout within each state.
  • Please explain in detail the date and source of data for these models.
  • What exactly is being modeled by this data? For example, is it modeling cost estimates for greenfield fiber builds?
  • How are these data models being applied to each state and territory’s final proposals? Is there a percentage of total cost against which NTIA is benchmarking a state and territory’s final results? Does the benchmark vary by state? Do the benchmarks take into account variations within each state and, if so, how?
  • Cost models are generally used to make predictions about outcomes when actual cost data does not exist. Why does NTIA believe that these cost models are better indicators of costs than the actual competitive bidding processes already conducted by every state?
• NTIA has overruled states and territories on a granular level by rejecting individual grant awards, forcing states to rebid projects at unreasonably cheap cost thresholds. Please provide a list of all states and territories from which NTIA has rejected project awards or otherwise forced to rebid locations, and for each state or territory provide:
  • A list of all BEAD projects or awards NTIA required to be rebid and the total number of broadband serviceable locations (BSL) in each such award.
  • Each award winner rejected by NTIA, the technology proposed, and cost per passing for each BSL in the rejected award.
  • Each rebid project award winner, the technology proposed, and cost per passing for each BSL in the rebid award.
• LEO satellite providers face challenges to deliver high-quality connections envisioned by BEAD due to capacity limits, the need for user-end obstructions to be clear, and the potential for performance degradation as more users join a network. Based on final proposals submitted to NTIA to date, reports suggest that more than 750,000 BEAD awards will fund LEO "capacity reservation subgrants."
  • For provisionally selected LEO priority broadband projects, what evidence did you require states and territories to show that LEO service can easily scale speeds over time to meet the evolving connectivity needs of households and businesses and support the deployment of 5G, successor wireless technologies, and other advanced services as required by the statute?
  • What, if any, obligation does a LEO provider receiving BEAD funds have to sign up customers for the BEAD-funded service? Is the LEO provider entitled to its full BEAD award, even if no BEAD households subscribe?
  • How will NTIA and the state or territory monitor, measure, and ensure LEO subrecipients’ compliance with the BEAD capacity reservation requirements?

  • BEAD subgrants for terrestrial networks will support infrastructure that will be capable of providing high-speed internet service to households in the project area long after those grants are closed out. How will the BEAD capacity reservation grants to LEO providers ensure that households in LEO project areas receive high-speed internet service after those grants close out?

• The Infrastructure Investment and Jobs Act specifically authorizes states and territories, after achieving full deployment, to spend remaining funds on other statutorily authorized priorities.

  • When will NTIA provide guidance on the use of non-deployment funds?

  • Has NTIA authorized any state or territory to conduct workforce activities in connection with deployment projects? Given the expected demand for a skilled workforce, has NTIA authorized the use of non-deployment funds to develop a skilled workforce?

  • Is NTIA considering clawing back non-deployment funding, or otherwise withholding allocated funds from states and territories? d. Under what legal authority is NTIA or the Department of Commerce granted the ability to impound BEAD funds, including non-deployment funds?

• NTIA generally includes special award conditions in its grants, which can cover specific project requirements, financial management, reporting, and other terms that go beyond the general grant conditions.

  • Is NTIA considering any revisions or additions to the special award conditions attached to the state and territory grants in connection with approving final proposals? If so, what are those revisions?

  • Please provide a copy of the final proposal’s general terms and conditions and special award conditions, highlighting any new or revised conditions.

• The Federal Communications Commission has disclaimed its authority to regulate broadband service, and Congress made clear that nothing in the Infrastructure Investment and Jobs Act authorizes NTIA to regulate broadband rates. The courts have specifically held that states can regulate the provision of broadband service absent federal authority to do so. You recently stated that, “any state receiving BEAD funds must exempt BEAD providers throughout their state footprint, from broadband-specific economic regulations, such as price regulation and net neutrality.”

  • What is the source of NTIA’s authority to effectively preempt the application of state laws to a provider’s entire state footprint, including locations that are not a part of the BEAD program?

• The Infrastructure Investment and Jobs Act specifically requires states and territories to determine the low-cost broadband service definition. Yet, the Policy Notice specifically prohibits states and territories from setting the low-cost service option and instead requires the state or territory to accept any definition established by the subgrantee.

  • How is the Policy Notice’s requirement for subgrantees to determine the low-cost service option consistent with the Infrastructure Investment and Jobs Act?

  • The Infrastructure Investment and Jobs Act requires that, upon final proposal approval, you must publish the state’s low-cost broadband definition. It also requires that you establish a website allowing customers to determine whether they are eligible for the BEAD low-cost offer. Will you be making that information available and, if so, when?

What is to Come for BEAD

In addition to the answers to these questions expected next week, observers are also wondering how many states will win NTIA approval for their BEAD plans by the end of 2025. States’ proposals must also be approved by the Department of Commerce’s National Institute of Standards and Technology (NIST) before states can access funds to support broadband infrastructure deployment. Finally, states are eager to see NTIA’s guidance on non-deployment funds, so they know how they can further the universal connectivity goals of BEAD.

According to Administrator Roth, NTIA estimates the Benefit of the Bargain savings will ultimately reach $21 billion. The question she asked next is: "How will we use these savings?"

All of the states and territories, working to connect the unconnected and bridge the digital divide await that answer.

Quick Bits

• Estimating the Size of a BEAD Rainy-Day Fund Focused on Bolstering Last Mile Connectivity Projects
• Vistabeam CEO: Why timely BEAD reimbursement is important
• ISPs Need to Tackle Digital Inclusion
• Why constantly checking your phone can drain your focus and memory

Weekend Reads

• Beyond Access: Broadband Affordability & Adoption
• Can affordable internet increase employment opportunities for low-income workers? Evidence from the Affordable Connectivity Program
• 2025 Responsible AI Impact Report

ICYMI from Benton

• The End of Progress: New Data Raises the Alarm that No Progress May Be the New Normal for the Digital Divide
• Is Fixed Wireless Ready for BEAD?
• What Did the FCC Just Do to California?
• Reminder: What BEAD Final Proposals Looked Like When Submitted to NTIA

Upcoming Events

Dec 8––The future of the internet in the age of AI (Brookings)

Dec 9––Community Broadband Networks as Sites for Learning (Benton Institute for Broadband & Society)

Dec 10––Listening Session on Kids’ Excessive Screen Time (National Telecommunications and Information Administration)

Dec 12––The State of Open-Source AI and Why It Matters (Information Technology & Innovation Foundation)

Dec 17––FCC Oversight Hearing (Senate Commerce Committee)

Dec 18––December 2025 Open Federal Communications Commission Meeting (Federal Communications Commission)

Feb 3-5––Net Inclusion 2026 (National Digital Inclusion Alliance)

The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.

© Benton Institute for Broadband & Society 2025. Redistribution of this email publication - both internally and externally - is encouraged if it includes this copyright statement.

For subscribe/unsubscribe info, please email headlinesATbentonDOTorg

Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Institute
for Broadband & Society
1041 Ridge Rd, Unit 214
Wilmette, IL 60091
847-220-4531
headlines AT benton DOT org

Share this edition:

Broadband Delivers Opportunities and Strengthens Communities