FBA, NTCA Unveil 'Playbook' as States Prepare for BEAD Funding

A bill to prepare Oregon for federal broadband funding is headed to Gov. Kate Brown (D) after the Senate voted 24-2 for HB-4092. Rep. Pam Marsh (D) told us Friday she's “highly confident” Brown will sign her bill quickly since the governor is “quite keen on it” and Brown’s office was involved in developing HB-4092. The governor didn’t comment.

The playbook, written by telecom consulting research firm Cartesian, offers a set of best practices for state broadband offices, navigating the BEAD application process, and designing and administering the state broadband programs. Executing BEAD “is key,” the playbook said: “It is critical that states plan not just for today’s needs by patching gaps but rather build networks that will meet anticipated demands for generations.”

The BEAD program is “by far the largest single federal investment in broadband infrastructure,” the playbook said, and places states “at the heart of the program, presenting them with both a golden opportunity and a significant responsibility.” States should be thinking now about how to address the various stages in BEAD, though no firm deadlines have been announced, said NTCA Senior Vice President-Industry Affairs Mike Romano.

Stakeholder engagement “will result in greater participation in the program,” the playbook said, recommending states “map out relevant stakeholders” and “identify the information they need to secure full participation.” Subgrant applications should use a template for consistency and be open for one to two months “to allow applicants to prepare high-quality submissions,” it said.

The playbook recommends states define “specific state broadband objectives” and “rapidly identify and resolve internal capacity gaps” before administering the program. NTIA is expected to issue its NOFO by May 15, as required by the infrastructure law, and FCC maps are expected around “late 2022 into 2023.”

FCC maps will be “the final word” in BEAD funding allocation and administration, the playbook said, but states may use “alternative mapping sources” when developing their five-year action plans. The forthcoming map is the “key trigger” to money going out the door, said FBA Regulatory Chief Counsel Tom Cohen of Kelley Drye. The agency “is trying real hard to push this forward,” Cohen said, noting the challenge to the FCC’s broadband serviceable location fabric should be decided soon. The BEAD program also mandates that states engage in a challenge process on broadband availability “at least 60 days” before awarding grants.

States have “a huge responsibility and there’s a considerable amount of work to do,” said Cartesian Vice President Michael Dargue. As states design their programs, the playbook recommends considering “whether raising the bar” on certain requirements “may lead to better outcomes.” States will also need to consider how BEAD program requirements “potentially conflict with and override current state law.”

Barriers to deployment are "a continuing problem,” Cohen said, citing pole attachments and rights-of-way. “These issues all will need to be factored in at the state level” as they review applications, he said. State broadband offices "can play such a critical role” in determining how to best navigate these issues, Romano said.

Oregon Prepares

Nearly unanimous votes on the Oregon broadband bill in the House and Senate show broadband is a consensus issue because it’s important for rural and urban districts, Marsh said in an interview. The bill would ready Oregon for federal dollars, including by updating responsibilities of an advisory commission that oversees the state broadband office, giving the commission more authority to review grants, said Marsh.

Oregon would also develop a state map under HB-4092. Marsh hopes new FCC maps are better than “pretty horrible” past maps, she said. When NTIA Special Representative for Broadband Andy Berke visited Oregon a couple of weeks ago, Marsh asked what to do if the state disagrees with FCC maps. He explained there will be an appeal process, said the legislator: It was an “aha moment” affirming “we've got to have our own data because we have to be prepared … to really demonstrate what’s on the ground here in Oregon."

The Oregon bill also would direct the Public Utility Commission to study updating state Lifeline to support broadband for low-income customers. It’s not clear how long the federal affordable connectivity program will last, said Marsh. Even if it continues long-term, “I’m not crazy about the way it’s structured,” with money flowing through providers, said the legislator: That’s not “an ideal approach because we have lots of small providers who can’t afford to participate in a federal program,” meaning their customers will be “left out.”

Other state legislatures also passed broadband bills last week. In Washington state, the House voted 96-2 Thursday for SB-5715 to update the state broadband definition to 100 Mbps download and 20 Mbps upload, from 25/3 Mbps now (see 2202220040). It now goes to Gov. Jay Inslee (D). The Senate voted 27-20 Friday for the House-passed adoption bill HB-1723 (see 2203010049).

The Alabama legislature sent the governor SB-123 Thursday after the bill passed the House 102-0. It would define minimum service as 100/20 Mbps to allow Connect Alabama funds to be used for middle-mile and line extension programs. And the Alabama House that day voted 102-9 for the Senate-passed SB-124 to increase state broadband grants and adjust program requirements.

Mississippi lawmakers passed HB-1029 after the House voted 112-6 Thursday to concur with Senate amendments. The bill would create a state broadband commission that by Aug. 1 would make rules for a new broadband accessibility fund to spur deployment and adoption in unserved areas.