National Telecommunications and Information Administration Seeks Public Comment on Allocation of Funds for Investment in Broadband

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act of 2021 (“IIJA”) into law. The IIJA set aside a record $65 billion for investment in broadband, at least $48 billion of which will be administered by the National Telecommunications and Information Administration (“NTIA”). NTIA published a notice on January 10, 2022, seeking public comment on how it should allocate the $48 billion in broadband infrastructure funds allotted to it by the IIJA (the “Notice”). 

The Notice seeks public comment on three programs that NTIA is required to establish under the IIJA: 
 

1. The Broadband Equity, Access and Deployment, (“BEAD Program”): a $42.5 billion grant program that allows states to expand broadband in unserved communities.
2. The Middle Mile Broadband Infrastructure Program (MMBIP”): a $1 billion program for the improvement of middle-mile infrastructure. 
3. The Digital Equity Planning Grant Program (“DEPGP”): a $2.75 billion program to promote digital inclusion. 

NTIA, through the Notice, invites interested parties to comment on any matter they believe is important to NTIA’s efforts to administer the IIJA and the above three programs. Particularly, NTIA encourages commenters who have applied to or had experience with other federal or state broadband funding programs to offer suggestions on how to effectively implement these programs. 

To assist with this effort, NTIA has provided a set of 36 unique questions that it intends to explore through the public comment process. Specifically, those questions address topics such as what criteria states and territories must meet in order to be eligible to receive funding, how to spend the allotted money in an efficient way, and how to establish strong partnerships between state, local, and tribal governments, among others.

Any comments to NTIA’s Notice, as described above, may be submitted electronically through the Federal e-Rulemaking Portal. Commenters can access the docket established for this rulemaking at www.Regulations.gov, NTIA-2020-0002. In addition, NTIA is hosting a series of public virtual listening sessions that the public can attend to learn more information.

The Ice Miller Broadband team is available to answer questions regarding the broadband components of the IIJA or the NTIA Notice and its comment process. Please reach out to a member of Ice Miller’s Public Affairs Group with any questions.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.