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 April 14-18, 2025

On March 27, 2025, the Senate Commerce Committee held a hearing to consider the confirmation of Arielle Roth, President Donald Trump's nominee for Assistant Secretary of Commerce for Communications and Information. If confirmed as the Assistant Secretary and head of the National Telecommunications and Information Administration (NTIA), Roth would oversee $48.2 billion in broadband infrastructure and adoption funding Congress allocated through the Infrastructure Investment and Jobs Act. During the hearing, Roth answered questions from Senate Commerce Committee members about the future of this funding and other telecommunications policy priorities under the NTIA's jurisdiction. Soon after, committee members advanced her nomination to the full Senate for review. This week, the Committee released the text of Roth's responses to written questions from senators on the panel, providing us more insight into what it might look like if Roth heads the NTIA.

In March 2025, U.S. Secretary of Commerce Howard Lutnick launched a review of the $42 billion Broadband Equity, Access, and Deployment (BEAD) Program, which Congress established in the Infrastructure Investment and Jobs Act of 2021. Secretary Lutnick’s stated goal for the review is to get the “benefit of the bargain.” To accomplish this, Secretary Lutnick reportedly plans to shift BEAD away from the deployment of fiber networks and toward the deployment of low-earth orbit (LEO) satellite networks.

A BEAD on Roth

The majority of the questions asked by Senate Commerce Committee members centered around the future of the Broadband Equity, Access and Deployment (BEAD) Program and whether the NTIA remains committed to the funding allocations that have already been assigned to the states.

A BEAD Delayed?

Committee members on both sides of the aisle asked Roth about whether their states should expect to see their BEAD plans approved, without delays. Senator Deb Fischer (R-NE) asked Roth how long she expects the Department of Commerce's current BEAD review to take.

In her written reply, Roth said:

Ranking Member Maria Cantwell (D-WA) similarly asked if Roth would oppose allocated BEAD funding being clawed back due to Commerce Secretary Howard Lutnick’s ongoing review of the BEAD program. Roth essentially repeated the above response:

Connecting every American to broadband is my top priority, and I support using every dollar allocated in the BEAD program to doing just that," she said. "If confirmed, I look forward to working with Secretary Lutnick and NTIA staff to expedite the BEAD program and get allocated funding to the states, consistent with the law."

In responses to senators, Roth consistently emphasized her aim to reduce "unnecessary bureaucracy" and avoid delays, while refraining from any specifics as to when states can expect final approval of their broadband plans.

When Cantwell pressed further on the funding commitments, asking about each state and territory's funding allotment, Roth simply said, "If confirmed, I will work to release allocated funds to the states consistent with NTIA’s statutory authority."

Sen Shelley Moore Capito (R-WV) said, "While I am all for improvements to BEAD to speed up deployment, taking a long review and making states like mine wait longer does not make sense. The review started three weeks ago and not many details have been made public."

Capito asked Roth to commit to a July deadline for BEAD review, to which Roth said, "As I have not yet been confirmed, I cannot commit to a specific timeline for such review."

Roth stressed that "reducing permitting burdens and delays might be one way to speed up fiber deployment" and that NTIA's primary focus should be "making up for lost time" on BEAD.

Technology Neutrality

To be consistent with the Infrastructure Investment and Jobs Act and current NTIA guidelines, BEAD-funded networks must provide broadband service that meets speed (100/20), latency [check], reliability [check], consistency in quality of service [check], and related criteria as the Assistant Secretary shall determine; and ensure that the network built by the project 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.

Some—including members of the Senate Commerce Committee—have criticised NTIA guidelines that show a preference for funding fiber broadband networks over less-functional and scalable networks like satellite internet technologies. These critics say that the head of the NTIA should more closely adhere to the law’s mandate to carry out BEAD in a “technologically neutral manner.”

Tech neutrality was another bipartisan concern raised by senators on the committee in written questions.

When asked what she thinks about the NTIA's implementation of BEAD and whether the agency is going to support favoring one broadband deployment technology over another, Roth responded that "every state is different and there is no one-size-fits-all solution." She added that "states should have flexibility to tailor solutions to their individual circumstances, consistent with the law...I support an all-of-the-above solution, including fiber as well as alternative technologies where appropriate."

On this subject, Sen Cantwell asked Roth if she would commit to not use her public office to "promote or otherwise endorse Elon Musk’s products or services, such as Starlink, or the products or services of any other Trump Administration official."

Roth answered, "Yes."

Cantwell also asked if Roth would "agree there would be at least the appearance of a conflict of interest if the [Commerce Department] changed the BEAD Program and additional funds were directed to Musk’s Starlink as a result."

Roth said, "If confirmed, I commit to act impartially in carrying out the BEAD program, consistent with the IIJA as enacted."

Senator Ben Ray Luján (D-NM) asked Roth, "Are you aware of any small LEO operators that satisfy IIJA's 100/20 Mbps speeds and low latency conditions?"

Roth responded, "I am not, but satellite technology is changing fast enough that I would want to consult with NTIA’s engineers before making a determination on its current capabilities."

Per Location Cost Caps

When asked by multiple senators about instituting a national cap on costs per location, Roth answered, "If confirmed and the issue of a per-location cap were to come up, I would consult with legal counsel, NTIA’s career staff, state broadband offices, industry stakeholders, and this Committee as appropriate," adding, "A per-location cap, should it come up, would need to account for consideration of high-cost areas, including high-cost Tribal areas."

Roth stressed that it “would not be ‘fast or efficient’ to throw away [states’] work and restart the process from scratch.”  She continued, "I believe the short-term delay that is needed to correct these missteps will enable NTIA to oversee a more efficient, effective broadband loan program in the long run." Of course, BEAD is an award program, not a loan program. Congress made no mention of BEAD loans in the statute.

Affordability

On affordability in BEAD, Cantwell posed the question, "How do you see NTIA’s role ensuring broadband is affordable for all?"

"Congress has directed NTIA to play a role in promoting broadband affordability by administering broadband programs like BEAD," said Roth. "NTIA can also help to reduce unnecessary permitting burdens that can increase the cost of providing broadband and expand commercial spectrum access, which in turn increases both mobile and broadband competition, driving down costs for consumers." Roth did not elaborate on NTIA’s role in permitting approvals which, at the federal level, are often the jurisdiction of the Environmental Protection Agency, the U.S. Army Corps of Engineers, and the Department of the Interior. State and local governments also have permitting processes.

Roth committed to requiring all BEAD subgrantees to offer at least one low-cost broadband service option.

Cantwell asks Roth, "Do you commit to follow the law and require all Broadband Equity Access and Deployment (BEAD) subgrantees to offer at least one low-cost broadband service option,' as required under the statute?"

Roth said, "Yes, I commit to following the law."

Build America Buy America and NTIA's Waiver Authority

Ranking Member Cantwell raised a number of questions on the IIJA's Build America Buy America Act (BABA) requirements and the NTIA guidance, which requires that the "vast majority" of components used in BEAD-funded networks come from the United States. Cantwell asked Roth if she intended to change or modify the BEAD Build America Buy America requirements. Sen. Cantwell also asked if Roth was concerned that "changes to the BEAD program, such as by reducing the amount of fiber deployed, could result in job losses or workforce reductions for U.S. companies that made investments in domestic manufacturing to support the program."

To both of these questions, Roth answered:

Congress did not make “speedy” deployment of broadband networks a BEAD goal. BEAD grants are meant “to bridge the digital divide.”

In response to Senator Brian Schatz (D-HI), Roth expanded on her views regarding NTIA's Build America Buy America waiver authority, saying,

This answer was probably submitted before President Trump imposed tariffs on imports from about 90 nations, potentially raising the costs of materials purchased from companies located outside the U.S.

Is DEA DOA?

Senators did not ask as many questions about the IIJA's Digital Equity Act programs. Sen Cantwell asked if Roth would "commit to fully and swiftly implementing the Digital Equity Act and its focus on all of the core targets identified in the statute."

Roth's response: "I commit to implementing NTIA’s statutory requirements, including with respect to the Digital Equity Act."

As a follow-up, Cantwell asked Roth if she would "commit not to leave any of the statutory 'covered populations' outlined in the Digital Equity Act behind and implement the Act fully, as intended by Congress," to which Roth reiterated, "I commit to implementing NTIA’s statutory requirements, including with respect to the Digital Equity Act."

Senator Ed Markey (D-MA) asked a number of questions about the Digital Equity Act. He started by asking Roth about all eight covered populations individually, and whether she supports closing the digital divide for each one. Roth responded "Yes" to all.

Then, Markey continued by asking, "What is your plan to close the digital divide in our country?"

Roth repeated, "Congress has directed NTIA to play a role in promoting broadband affordability by administering broadband programs like BEAD. NTIA can also help to reduce unnecessary permitting burdens that can increase the cost of providing broadband and expand commercial spectrum access, which in turn increases both mobile and broadband competition, driving down costs for consumers."

When asked if she thinks the Digital Equity Act is constitutional, Roth answered:

Sen Markey asked Roth, "Will you commit to ensuring the projects already recommended for a Digital Equity Act award can move forward and begin their work to ensure residents in their communities can get and stay connected to the internet safely?"

"Making sure Americans have the resources and skills they need to participate in the digital economy was part of the IIJA and I will follow the law," she said.

Senator Gary Peters (D-MI) asked Roth, "Will you commit to releasing the full amount of these congressionally-approved funds?"

Roth answered, "I will work to release congressionally authorized funds to all states, including Michigan, consistent with NTIA’s statutory authority."

NTIA's Other Broadband Programs

On closing the divide for Indigenous people and for students, Roth stated she would implement the Tribal Broadband Connectivity Program (TBCP) and work to expand spectrum access consistent with national security and the needs of other federal agencies.

Cantwell asked Roth if she would commit to completing the TBCP as it currently exists. She also asked if Roth would continue to proceed with Round 2 of the Program, which is already in progress, and allow it to continue.

In Roth's response, she stuck to her script, saying, "If confirmed, I commit to implementing NTIA’s statutory requirements, including with respect to the Tribal Broadband Connectivity Program."

"Through the broadband deployment projects it oversees, NTIA must prioritize strong coordination with Tribal communities in order to ensure that locations located on Tribal lands are connected," said Cantwell. "Do you agree that the Federal government must recognize Tribal sovereignty?"

Roth stated, "I agree with your statement on the importance of coordination with Tribal communities. If confirmed, I would not be in a position to speak for the entire Federal government on the broad topic of Tribal sovereignty."

Roth evaded an answer on whether or not she would continue to abide by the NTIA-FCC-Department of the Interior Tribal Spectrum memorandum of understanding (MOU), saying she would review the matter if confirmed.

Sen Schatz asked Roth if she would maintain the Tribal Advisory Committee (or the Tribal Broadband Leaders Network (TBLN)), which serves as a forum for ongoing communication between Tribal entities and the agency on its Tribal-serving programs. To this, Roth said, "I commit to working with NTIA’s staff on issues regarding the Tribal Advisory Committee and do not intend or plan to dissolve the committee."

She also avoided a direct response about the Middle Mile Broadband Infrastructure Program and whether or not she would commit to enabling the program as it currently exists.

On the Affordable Connectivity Program (ACP), Sen Lújan pressed Roth to address previous statements she had made about the program's efficacy.

"You previously stated that ACP had a failed record in connecting unserved Americans," said Lújan. "However, by the time the program ended, more than 23 million households had accessed the ACP, which totals nearly 40% of eligible households. There is also strong evidence that the program provided vastly more economic benefits than it cost...do you stand by your statement that ACP had a 'failed record'? If yes, what evidence do you have to back up your statement?"

Roth's response was indirect. She said:

What's Next?

Arielle Roth's nomination as Assistant Secretary of Commerce for Communications and Information awaits a vote by the full Senate which is in recess this week and next. We will see how much of a priority this nomination is when Congress returns at the end of the month.

Quick Bits

• FCC Announces Availability of Additional Funding for the Rip-and-Replace Program
• Inside Trump’s Plan to Halt Hundreds of Regulations
• Financing Broadband in Hard-to-Reach Communities
• Amid federal pushes away from fiber broadband, Texas kicks off satellite pilot program

Weekend Reads

• Who’s Cleared to Apply for BEAD Broadband Funding? See Our State-by-State Lists
• Digital Redlining: What It Is and What It Means for Communities
• The Broadband Divide in the US Is Not Color Blind
• 50 U.S. States Broadband Speed Performance

ICYMI from Benton

• Pennsylvania Broadband Development Authority Vote Puts Federal Funding at Risk
• Public Interest Orgs to FCC: DELETE, DELETE, DELETE the Digital Divide
• Let's Control-Alt-Delete on Delete, Delete, Delete
• Broadband's Role in the Los Angeles Fires Response and Recovery Efforts

Upcoming Events

Apr 22––How The Rise of Chinese E-Commerce Platforms Will Impact the U.S. (Information Technology & Innovation Foundation)

Apr 28––April 2025 Open Federal Communications Commission Meeting (Federal Communications Commission)

May 14-15––Community First: The Future of Public Broadband Conference and Hill Day (American Association for Public Broadband)

Jun 1––Fiber Connect 2025 (Fiber Broadband Association)

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.

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