NTIA Stands Firm on Buy America Rules, Says BEAD Projects Must Be American : Broadband Breakfast

The NTIA's comments came after President Biden said fiber optics should be made in America.

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WASHINGTON, February 9, 2023 – In a firm statement on Thursday, the National Telecommunications and Information Administration said it will stand behind the country's domestic production preference laws when it comes to the manufacturing of fiber optic glass or cable products using federal funds.

It also said it believes broadband projects funded from its $42.5 billion Broadband Equity, Access and Deployment program "have time" to get "made in America" products, potentially closing the door on waivers for products some in the industry have said could increase the cost or make the timely completion of projects difficult for that program. The NTIA will allocate the BEAD money to the states by June 30.

The Infrastructure, Investment and Jobs Act includes a "Build America, Buy America" provision that requires at least 55 percent of the cost of products funded by the federal government for projects be made in the country. But the legislation includes an exemption opportunity from the domestic preference rule in certain cases.

"NTIA has done considerable research and does not currently see any need for waivers for fiber optic glass or cable," the Commerce Department agency said in its Thursday statement.

The comments were in direct response to President Joe Biden's State of the Union Address on Tuesday night, in which he announced "new standards" requiring "all construction materials used in federal infrastructure projects to be made in America," with a specific mention of fiber optic cables.

"Our expectation is that industry will be able to produce enough quantity [of fiber] to satisfy the demand from the Broadband Equity, Access, and Deployment (BEAD) Program over the coming years," the NTIA statement said, adding it will not be an agency that will "skirt" the BABA requirements.

The Commerce Department agency added it "believes that if it can be Made in America, it should be made in America – and it's why we’ll strictly enforce ‘Build America, Buy America’ (BABA) requirements outlined in the Bipartisan Infrastructure Law and the Internet for All Notices of Funding Opportunity (NOFOs)," it added.

Broadband Breakfast reported that the Fiber Broadband Association sent a letter to Sen. John Thune, R-SD, about the need for BABA waivers on products that exclude optical fiber and fiber cable but that include other optical connectivity products, fiber optic adapters and connectors, and fiber cable assemblies and enclosures. If those have to be made in America, the industry association says costs would increase significantly.

Wednesday's Broadband Breakfast Live Online event included a discussion on BABA.

The NTIA also said that it believes bidders for the $42.5 billion BEAD money will be able to satisfy their domestic production requirements, despite some in the industry requesting some form of BABA waiver because some of the products they need for build are produced overseas.

"The BEAD Program has different requirements, and manufacturers have time to re-shore or expand their operations," the NTIA statement said. "Moving forward, NTIA will work with these businesses to ensure that they can produce the relevant products for the BEAD program domestically.

"We are carefully monitoring administration-wide initiatives like the new proposed Made in America policies from the Office of Management and Budget (OMB) to ensure that we meet our obligations," the statement added.

The NTIA is currently considering a BABA waiver opportunity for its $1 billion Enabling Middle Mile Broadband Infrastructure Program, which includes certain project components. It also has an existing waiver in place for its Tribal Broadband Connectivity Program and the Connecting Minority Communities Pilot Program.

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Managing Editor Ahmad Hathout has spent the last half-decade reporting on the Canadian telecommunications and media industries for leading publications. He started the scoop-driven news site downup.io to make Canadian telecom news more accessible and digestible. Follow him on Twitter @ackmet.

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Lack of assurance regarding the ACP funding discourages local governments and providers from investing into the program.

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WASHINGTON, June 7, 2023 – The uncertainty surrounding the refunding of the Affordable Connectivity Program, which is expected to run out of funds in 2024, has implications for internet service providers, American households, and local governments, said experts at a Broadband Breakfast Live Online event Wednesday.

Uncertainty surrounding the ACP funds has turned private investment into a risky bidding game, said Blair Levin, senior fellow at think tank Brookings Institution's Metropolitan Policy Program. The ACP increases the amount of private capital that providers are willing to invest in new developments in low-income communities because it increases the estimated take rate, he said.

The ACP is currently subsidizing broadband access for more than 17 million Americans with a discount of up to $30 and $75 a month for low-income and tribal households.

Moreover, ISPs are hesitant to market the program to consumers in a way that would suggest sustainability, as they would face a public relations nightmare if the program were to end abruptly, leaving millions of Americans without internet access, said Levin.

The lack of assurance regarding the ACP funding discourages states, local governments and providers from investing time and resources into training staff, added Adeyinka Ogunlegan, vice president of government affairs and policy at advocacy nonprofit EducationSuperHighway.

"Households need assurance now that the money will not disappear," she continued. There is an urgent need to apply pressure to Congress to ensure communities get the certainty they need, she said.

The ACP is the lynchpin that connects all other federal funds, added Director of the Capital Projects Fund at the U.S. Treasury, Joseph Wender. If the fund is not replenished by the end of the year, the cascading effect could compromise the effectiveness of other federal broadband infrastructure programs such as the $42.5 billion Broadband Equity Access and Deployment program and the $10 billion Capital Projects Fund by harming affordability and program take rate.

Wender added that it is crucial to avoid reaching a critical point where providers need to notify subscribers about the program's impending end before renewing the project funds. Consequently, relying on the Universal Service Fund reform to fund the program is not feasible within the limited timeframe.

The USF, funded through a tax on voice service providers, supports four programs that make telephone and broadband services affordable for low-income households, health care providers, and schools and libraries. The fund's sustainability has been under pressure with voice service revenues declining as more Americans use broadband services.

The urgency for ACP renewal cannot be overshadowed by conversations about USF reform, said Ogunlegan.

The ACP program is the "single most important policy issue in telecommunications in terms of impact on the largest number of Americans," said Levin.

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Wednesday, June 7, 2023 – Affordable Connectivity Fund (Special Town Hall Edition)

Since being created at the direction of the Infrastructure Investment and Jobs Act of 2021, the Affordable Connectivity Program has gained significant support across multiple sectors. Smaller internet service providers have said that the ACP provides critical funding for building out networks to rural communities, and digital equity advocates have frequently called the program a key part of closing the digital divide for low-income and minority communities. But the program's success might contribute to its downfall—experts have warned that at the rate people are subscribing, the fund will soon run out of money. This special "town hall" event will address the Affordable Connectivity Fund and the strong desire from many in the broadband world to see it renewed.

Panelists

Blair Levin is a nonresident senior fellow at Brookings Metro and a policy analyst with New Street Research, an equity research firm focused on telecommunications and technology. Levin has also been involved in a number efforts to broaden broadband's reach and effectiveness, including serving as the Executive Director of Gig.U: The Next Generation Network Innovation Project, an initiative of three dozen leading research university communities seeking to support educational and economic development by accelerating the deployment of next generation networks, leading the writing of a report for the World Bank and United Nations High Commission on Refugees on broadband for refugees, and most recently, working with the National Urban League to write the Lewis Latimer Plan for Digital Equity and Inclusion. Previously, Levin worked with the Communications & Society Program with the Aspen Institute Communications and Society Program, following his departure in 2010 from the Federal Communications Commission where he oversaw the development of a National Broadband Plan.

Amina Fazlullah is the Senior Director of Equity Policy in Common Sense‘s D.C. office where she works on a range of issues including expanding affordable access to technology, privacy, platform responsibility, and digital well-being. Prior to joining Common Sense, Amina was a tech policy fellow at Mozilla, where she worked to promote broadband connectivity in underserved communities (tribal, rural, and refugee communities) around the world. She has testified before committees in the U.S. House and Senate on technology issues impacting vulnerable consumers, kids, and families. She has been featured by the press and at conferences on issues related to broadband competition, Section 230, the digital divide, and dark patterns. She has published multiple research reports about the scale, cost, and solutions for addressing the digital divide. She has served on the FCC's Consumer Advisory Committee and currently serves as a founding board member of the National Digital Inclusion Alliance. Amina has also worked with the Benton Foundation, U.S. Public Interest Research Group, for the Honorable Chief Judge James M. Rosenbaum of the U.S. District Court of Minnesota, and at the FCC.

Adeyinka Ogunlegan is the vice president for government affairs and policy at EducationSuperHighway, a national nonprofit with the mission to close the digital divide for the 18 million households that have access to the internet but can't afford to connect. EducationSuperHighway focuses on America's most unconnected communities, where more than 25 percent of people don't have internet. As the leader of the government affairs team, Ogunlegan focuses on developing and executing the nonprofit's policy strategy while bringing together the right coalition of champions to accomplish ESH's mission to close the broadband affordability gap. Prior to joining EducationSuperHighway, she spent several years at Comcast where she was responsible for legislative advocacy and building partnerships with community-based organizations to close the digital divide.

Amol Naik is a government affairs executive and public policy lawyer with deep expertise in technology and infrastructure policy developed at senior levels in both the private sector and government. He is SVP of Public Policy and Community Engagement for Ting Internet, where he leads the national team responsible for all of Ting's public policy advocacy at the federal, state and local levels, as well as evaluating new markets, and subsequently collaborating with communities in the manner required for building citywide fiber to the premises networks. Amol is a civic leader in Atlanta and his interest in digital inclusion comes from his experience growing up in rural North Carolina, where he saw the devastating impact the digital divide can have on underserved communities of color.

Joseph Wender currently serves as director of the U.S. Department of the Treasury's Capital Projects Fund. He previously served for nearly 13 years on Capitol Hill, most recently as Senator Ed Markey's senior policy adviser, where he led a team covering a wide range of issues including telecommunications and infrastructure. Wender also worked as then-Representative Markey's legislative director. Prior to working for Markey, he served as counsel for the House Transportation and Infrastructure Committee. He received his B.A. from Wesleyan University and graduated magna cum laude from Harvard Law School.

Drew Clark (moderator) is CEO of Breakfast Media LLC. He has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.

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The state is focused on community partnerships as it waits for federal broadband funds later this month.

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WASHINGTON, June 7, 2023 – Officials at a state broadband conference in Rhode Island last week said that community engagement is the state's top priority ahead of the allocation of federal funds.

Under the $42.5-billion Broadband Equity, Access, and Deployment program, each state will receive at least $100 million to expand high-speed broadband access to all Americans. Additional allocations can be awarded based on the number of unserved locations in the area. The National Telecommunications and Information Administration will announce the exact amount of funds going to each state by June 30 based on the Federal Communications Commission's broadband availability maps.

But while the accuracy of the maps has been a focus of many, including states preparing their own versions to challenge the FCC's, Rhode Island officials said they are focused on other things right now.

Daniela Fairchild, a state commerce department official, highlighted "participatory planning" as the state's top priority as it prepares for the funding allocation. The state would welcome public perspectives and work in conjunction with local stakeholders to "make real decisions" that meet the need of the community, she continued.

"The FCC maps are an essential data point to our planning process," added Rhode Island's Director of Broadband Strategy Brian Thorn. "But they are not the end-all be-all of state broadband planning."

Rhode Island has launched a broadband initiative to facilitate engagement from residents for broadband implementation, officials said. Ongoing efforts include the publication of a broadband newsletter, statewide internet speed surveys, and in-depth focus groups.

New Shoreham, Rhode Island's smallest town, also established its own publicly funded broadband infrastructure independent of federal planning.

Rhode Island, along with other states and territories, is required to submit to the NTIA a five-year broadband action plan.

The program instructs applicants on best practices to write winning grant applications.

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WASHINGTON, June 1, 2023 – Advocacy group National League of Cities is sponsoring a nationwide program designed to advise cities and towns on how to access federal infrastructure funding.

The Local Infrastructure Hub program is hosting a grant application bootcamp aimed at assisting small- and mid-sized cities and towns in their grant applications. The bootcamp series will begin in June and will focus on the programs funded through the $65 billion Infrastructure Investment and Jobs Act and the Inflation Reduction Act.

The camp comes ahead of the National Telecommunications and Information Administration's allocation by June 30 of the $42.5 billion from its Broadband Equity, Access and Deployment program.

The broadband opportunities bootcamp will introduce cities to the entire ecosystem of federal broadband opportunities and educate them on ways they can engage with the private sector, the NLC said. It will guide them through the process of applying to the Broadband Equity Access and Deployment program, it added.

Participants will be guided through the process of creating an asset map for their community, executing a community engagement strategy, utilizing data to understand problems, aligning applications with broader federal priorities, and writing winning applications through provided templates.

Mayors and municipal staff across a wide range of specialties are eligible to participate. Participants will have access to subject-matter experts and individualized coaching sessions. The program will connect applicants with their peers applying to the same programs, the NLC said.

The free bootcamps will last 3 to 4 months and will require several hours of participation each week per team member. Many city leaders tout the program as being highly successful and influential in their grant application process.

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