NTIA Must Follow the Law and Allow States to Address Broadband Affordability and Adoption

In the Infrastructure Investment and Jobs Act, Congress found that broadband is “essential to full participation in modern life” and that broadband’s benefits “should be broadly enjoyed by all.” That is the context in which the Broadband Equity Access and Deployment Program was created: Congress sought to address every facet of the digital divide and ensure that all people could actually benefit from this essential service—not simply have a network pass by their home. We appreciated Secretary Lutnick's recent testimony before the Senate Appropriations Committee in which he not only touted states’ ability to understand and address their unique needs, he also promised to make BEAD funds available “in alignment with the statute.” This is encouraging because the statute clearly allows states to use their BEAD funds to promote broadband affordability and adoption and gives them substantial deference in program design. Specifically, NTIA must allow states and territories to use BEAD funds to make subgrants to:

1. Deploy broadband networks to unserved and underserved areas;
2. Connect community anchor institutions;
3. Conduct data collection, broadband mapping, and planning;
4. Install internet and Wi-Fi infrastructure or provide reduced-cost broadband within multifamily residential buildings; and
5. Increase broadband adoption, including programs to provide affordable internet-capable devices. 

In addition, Congress authorized Assistant Secretary of Commerce for Communications and Information Arielle Roth to determine additional uses of these funds to facilitate BEAD’s goals. The Benton Institute for Broadband & Society is grateful that NTIA is conducting these listening sessions to refresh the record and ensure that Assistant Secretary Roth’s determination of additional uses reflects stakeholders’ latest thinking.