By law, states may use the $42 billion Broadband Equity Access and Deployment (BEAD) Program to address all aspects of the digital divide, including broadband infrastructure, adoption, affordability, and data collection. However, the U.S. Department of Commerce has indicated that it may withhold over $20 billion in BEAD funds and restrict states to only address issues related to rural last-mile infrastructure.

In response, a group of over 160 bipartisan state legislators from 28 states wrote in opposition to this action. In a letter, the legislators urged U.S. Secretary of Commerce Howard Lutnick and Assistant Secretary Arielle Roth to follow the law and allow states to use their full BEAD allocations as Congress intended. The letter's authors are still accepting signatures, and state legislators can add their names through this form or by emailing dgarner@benton.org.

Dear Secretary Lutnick:

We, the undersigned bipartisan state legislators, urge you to honor Congress’s clear intent and release the remaining Broadband Equity, Access, and Deployment (BEAD) Program funds for “non-deployment” purposes as required under Section 60102(f) of the Infrastructure Investment and Jobs Act (IIJA).

Congress allocated $42.45 billion through BEAD to ensure that every American home and business has access to affordable, reliable broadband. To accomplish this, Congress created six ways for states to use their BEAD funding:

1. Deploy networks in un- and underserved areas;
2. Connect community anchor institutions;
3. Support data collection, broadband mapping, and planning; 
4. Expand Wi-Fi and reduced-cost broadband in multifamily housing;
5. Promote broadband adoption and provide affordable devices; and 
6. Other activities deemed necessary by the Assistant Secretary to achieve BEAD’s goal

The first use—network deployment—is BEAD’s top priority. But it is not its only priority. Congress wisely designed BEAD so that any funding not spent on deployment could be used for other “non-deployment” purposes. This structure not only encourages efficiency and rewards states for deploying ahead of BEAD, it gives states the flexibility they need to address every aspect of the digital divide, not just those related to rural last-mile rural infrastructure.

Congress was clear: non-deployment investments are not optional extras, they are central to BEAD’s mission. Non-deployment funds are poised to support a range of critical activities, such as building AI infrastructure, streamlining permitting and pole attachment processes, developing the telecom workforce, improving middle mile and cellular networks, enhancing cybersecurity and emergency services, expanding telehealth and education opportunities, and fostering broadband adoption and affordability. Effective deployment depends on non-deployment. Without it, BEAD will fail to deliver the full value Congress intended and taxpayers deserve.

The scale of non-deployment will allow states to improve virtually every aspect of their connectivity. Most states will have hundreds of millions of dollars available, while some—Texas and North Carolina—will have over $1 billion. This unprecedented opportunity was created in direct response to NTIA’s call for efficiency. To now deny states the funds their efficiency generated would penalize success and undermine BEAD’s purpose.

We respectfully ask that the Department of Commerce act swiftly to release non-deployment funds so that states can complete the job of closing the digital divide. Bipartisan leaders at every level—governors, members of Congress, and state legislators—support unlocking these funds. To do otherwise would ignore the law and leave rural and disconnected Americans behind.

We look forward to working with you on this critical matter.

Sincerely,
 

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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