When Congress passed the Infrastructure Investment and Jobs Act in late 2021, inflation was still “transitory,” interest rates were near zero, and tens of millions of Americans lacked access to high-speed internet. Lawmakers warned that only a massive federal investment could close the digital divide. That investment came in the form of the $42 billion Broadband Equity Access and Deployment program — the largest U.S. broadband initiative thus far. But something unexpected happened. While the program became mired in bureaucracy — subject to lengthy administrative processes and shifting eligibility rules — the private sector got to work. According to research conducted by our team at New York Law School, broadband providers have dramatically expanded high-speed access in the past few years, reaching millions of new homes and reducing the number of households without an available broadband connection by 65 percent. And they’ve done it without a single BEAD-funded project coming online. That’s a remarkable shift, and it raises a timely question: Do we still need BEAD? The short answer is yes, but not in the way many in the Biden administration originally envisioned. What was pitched as a rescue package for rural and underserved communities is now a supplement to a market that’s largely doing its job. Rather than pretend otherwise, state and federal officials should treat BEAD for what it has become: a mechanism to plug the few remaining holes in the broadband map, not reshape the market.

[Michael Santorelli is the director of the Advanced Communications Law and Policy Institute at New York Law School.]

States are showing fiber is still king in their plans for the $42.5 billion Broadband Equity, Access and Deployment (BEAD) Program—much to the dismay of Starlink. Starlink’s parent company SpaceX, which expected the lion’s share of BEAD money once the Trump administration axed the program’s fiber preference, has filed complaints against Louisiana and Virginia for awarding most of their funds to wireline providers. The company urged the states to re-evaluate, or it will ask NTIA to reject their final proposals. Both Louisiana and Virginia intend to dole out roughly 80% of BEAD money to fiber broadband providers, 9-10% to low earth orbit (LEO) satellite with the remaining funds going to cable and fixed wireless access (FWA). SpaceX is poised to receive a total of over $10 million ($7.7 million from LA and $3.2 million in VA) from the two states to cover underserved locations with satellite. But it claims Louisiana and Virginia violated the new BEAD rules with how they’ve interpreted the definition of a “priority broadband project.” “Virginia indicates in the Final Proposal that it determined that 95%+ of SpaceX’s initial application did not qualify [as] ‘Priority Broadband,’” SpaceX wrote. “To date, Virginia has not provided SpaceX with any information, rationale, or justification to support this determination, and has not published any studies or technical requirements used to evaluate SpaceX’s application.” As for Louisiana, SpaceX said the state “did not engage in a single technical discussion” with the company and alleged the broadband office’s guidelines intentionally excluded fixed wireless and LEO providers from winning more funds. Gigi Sohn, executive director of the American Association for Public Broadband (AAPB), finds SpaceX’s argument that it should have won more BEAD locations “absurd.” 

Governor Kathy Hochul (D-NY) announced 15 broadband infrastructure awards through the Municipal Infrastructure Program (MIP), Affordable Housing Connectivity Program (AHCP), and Deployment Program County Partnerships totaling $52.6 million. These awards will directly connect 6,900 locations across the state, including 24,000 total households, businesses, and anchor institutions, with 19,000 of those being affordable housing units, and build 234 miles of new fiber infrastructure and 46 new wireless hubs. The $52.6 million in awards will support long-term economic development across 28 counties and the internet service will improve affordability so all residents can participate in the digital economy. The broadband internet service in some cases will be as low as $10 per month and in all cases will include high-speed options below the regional average prices. These projects build on a foundation of prior investment by ConnectALL, which has previously awarded more than $13 million in AHCP grants connecting more than 12,000 affordable housing units, and $242.5 million in MIP grants bringing high-speed internet to an additional 105,000 households across the state. Funded by the US Department of Treasury, these initiatives reflect a targeted state and federal partnership that aims to accelerate progress toward universal connectivity and ensure that all New Yorkers have access to reliable, affordable internet.[much more at the link below]

On August 19, 2025, West Virginia released its revised Final Proposal for the Broadband Equity Access and Deployment (BEAD) Program. The West Virginia Office of Broadband recommends awarding $625 million in BEAD funding to deploy broadband infrastructure to 73,701 eligible locations. Of those locations, 94.2 percent would be served by fiber to the premises and 5.8 percent by low-earth orbit (LEO) satellite. In March 2025, West Virginia withdrew its original draft Final Proposal for the BEAD Program, hinting that forthcoming rules changes from the National Telecommunications and Information Administration (NTIA) would necessitate substantial revisions to the plan. Indeed, on June 6th, the NTIA released rule changes that fundamentally restructured the BEAD program. Since then, West Virginia, like all other states, has re-run its BEAD program under the new rules. Comparing West Virginia’s two “final” proposals reveals some key differences and demonstrates an enduring commitment to bring the best broadband infrastructure possible to all residents.