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1 [1] (June 15, 2023)

handle is hein.crs/govelyq0001 and id is 1 raw text is: Congressional Research Service Informing the IegisIative diebate since 1914 June 15, 2023 Broadband Equity, Access, and Deployment (BEAD) Program: Issues and Congressional Considerations Congress appropriated $42.45 billion to the National Telecommunications and Information Administration (NTIA) to administer the Broadband Equity, Access, and Deployment (BEAD) Program established under the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), which became law in November 2021. The BEAD Program is the single largest federal broadband investment to date. Congress directed NTIA in the IIJA to make grants to 56 states and territories (hereinafter states) to bridge the digital divide by facilitating access to affordable, reliable, high-speed internet throughout the United States, particularly in communities of color, lower-income areas, and rural areas. NTIA anticipates issuing notices to each state of the estimated BEAD amount available to it by June 30, 2023, followed by approximately four years of grant disbursement and program implementation. After notices are issued, states have 180 days to submit an initial proposal to NTIA requesting a disbursement of at least 20% of its estimated amount. As mandated by the IIJA, the state also needs to resolve all challenges to its determination of funding eligibility of locations within its jurisdiction before it can allocate grant funds for broadband deployment projects. According to NTIA's timeline, the first batch of grant funds from states to supported projects and activities could occur by 2024. Due to the size of the program, Congress may consider oversight of NTIA's implementation of the BEAD program and its progress toward achieving the stated goal of addressing the digital divide. This In Focus discusses three issues for potential congressional consideration: (1) determining unserved locations for BEAD funding allocations, (2) connectivity technologies eligible for BEAD funding, and (3) BEAD's relationship to other federal broadband programs. Deterrmning Unserved Locations The IIJA directs NTIA to calculate a state's share of BEAD funding using the state's share of unserved locations nationally-those locations without access to reliable broadband service with a speed of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads and a low latency (lag). The law further directs NTIA to determine the number of unserved locations using the Federal Communications Commission's (FCC's) National Broadband Map. The FCC released a preproduction version of the map in November 2022, pursuant to the Broadband DATA Act (P.L. 116-130), using broadband availability data reported by internet service providers (ISPs). Some stakeholders, including Members of Congress and state governments, were concerned that incomplete and inaccurate map data may lead to inaccurate funding allocations. The Broadband DATA Act and IIJA require the FCC to allow stakeholders to challenge the National Broadband Map's accuracy (e.g., missing locations, over- or understated broadband availability) on a rolling basis and update the map to reflect resolved challenges. The FCC released the May 2023 version that reflects broadband availability data as of December 31, 2022 (as reported by ISPs on March 1, 2023), with 75% of challenges to the previous version for over four million locations resolved. NTIA anticipates using the May 2023 map, which identifies roughly 8.3 million unserved locations nationwide, as the basis to announce state BEAD allocations by June 30, 2023. Some Members of Congress have urged NTIA to wait to determine allocations until the FCC resolves the remaining challenges. They noted that some states were unable to challenge the map accuracy in time for the last iteration. NTIA has argued, on its website, that only an extremely large change in the number of unserved locations within a state relative to the national total would have a significant impact on BEAD funding allocations, something it deems unlikely. NTIA has noted that in addition to the challenge process for the FCC map, the IIJA requires each state to develop its own challenge process before it can distribute BEAD funding, providing another opportunity for stakeholders' challenges. In April 2023 proposed guidance, NTIA indicated that, with its approval, states may modify the set of locations eligible for BEAD funding based on data gathered and verified through the state challenge process, in which local stakeholders can challenge whether a particular location within a state is eligible for a BEAD sub-grant, including whether the location is truly unserved. Connectivty Technologies Eligible for BEAD Fun ding The IIJA requires a funded BEAD project to deploy broadband service that provides: (1) at least 100 Mbps download and 20 Mbps upload speeds (100/20 Mbps), (2) latency sufficiently low for real-time, interactive applications, and (3) network reliability of no more than 48 hours of outage time over any 365-day period. In its Notice of Funding Opportunity (NOFO) issued in May 2022, NTIA indicated that an eligible deployment project shall provide a location with qualifying broadband service-reliable broadband service of at least 100/20 Mbps speed and up to 100 milliseconds latency. NTIA defines reliable broadband service as being provided by the following technologies: fiber-optic, cable modem, hybrid

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