- NTIA has had the discretion to issue waivers to states for a variety of reasons in relation to the BEAD program
- But NTIA has not, to date, published these state-by-state waivers
- The Pew Charitable Trusts says transparency in the waivers would be a helpful addition to the program
The Pew Charitable Trusts is recommending that the National Telecommunications and Information Administration (NTIA) make public all past waivers issued regarding the Broadband Equity, Access and Deployment (BEAD) program. Pew says it would improve transparency and ensure that guidance and decisions are consistently shared and applied across all states.
It’s unclear whether the new leader of the Commerce Department Howard Lutnick and the presumed incoming leader of NTIA Arielle Roth will care about Pew’s recommendation. But Pew has been deeply involved with states for many years as they have struggled to close their digital divides and ensure that every American has access to the Internet.
Kathryn de Wit, who directs The Pew Charitable Trusts’ broadband access initiative, told Fierce Network that throughout the BEAD process, states have requested and been issued waivers on specific tactics as they’ve designed their programs. “Not all of them are public, but they are related to shared challenges that states have,” said de Wit.
“States know about the waivers because they are sharing them among themselves. We’re encouraging NTIA to make those public, so people know the options that have been approved until now,” she said.
Although de Wit did not share specific categories of waivers that NTIA has granted to different states, she did say, “The assistant secretary has statutory authority to grant waivers as needed in acknowledgment of the fact that we’ve got 56 states and territories with different needs and dynamics that don’t fit into a one-size fits all program.”
NTIA has the authority to grant waivers on a case-by-case basis. “PEW would like to see what waivers have been granted and under what conditions,” she said.
Gary Bolton, president and CEO of the Fiber Broadband Association, said, “In the past, NTIA did a good job listening and making some program adjustments based on the feedback they received. These adjustments might come in the form of waivers or updated guidance.”
He cited the Build America, Buy America program, the letter of credit requirement for BEAD contenders and the alternative technology adjustments made by NTIA as some prime examples where NTIA tweaked the BEAD program mid-course.
Bolton said, “As NTIA will be under new leadership with Arielle Roth, we expect further revisions to streamline and accelerate the program. That said, she will need to be confirmed and will need time to review the program in detail before we will be able to anticipate any future revisions.”
Pew also recommends implementing pragmatic, tactical solutions, such as replicating permitting processes already in use in other federal broadband programs instead of making wholesale changes to the program, which would shore up trust among states and ISPs. That process can acknowledge that the ISPs have been good-faith partners throughout this multiyear effort.
Pew also warns that pauses to BEAD could have significant consequences. States are preparing to launch work on their initiatives this year. Every state has had its BEAD program plans approved, and three have received full approval for their projects from NTIA. As of Feb. 5, 2025, at least 19 states were reviewing and accepting bids for work.
Fierce asked de Wit if she had any predictions for how the BEAD program will go under Lutnick and Roth. She said, “We’re hoping they que off of the recommendations that we’ve provided. Members of Congress and the states are eager to get shovels in the ground. We have high participation of ISPS, which indicates you have ISPs who are acting in good faith and are ready to get moving.”
