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Overview: New and Changed Rules for the NTIA BEAD Program 

Below is a summary of the material changes to the BEAD program based on the new NTIA BEAD Program Guidance released on June 6, 2025.  

New NTIA BEAD GUidance: ELimination of Regulatory Burdens 

  • Technology choice reset: Removed “fiber-first” bias. All technologies (fiber, cable/HFC, DSL, fixed wireless, LEO satellite) that meet performance standards (100/20 Mbps, latency ≤ 100 ms, scalable to future needs) can qualify. 
  • Redefined “Priority Broadband Project”: Any qualifying project (by speed, latency, scalability) —regardless of technology—can be prioritized. 
  • Simplified compliance: Removed extra requirements like fair labor standards, workforce training, DEI, civil rights compliance, and rules about contracting with minority- or women-owned businesses. 
  • Just one requirement remains: Providers must self-certify they follow federal labor and employment laws. 
  • Dropped climate mandates: Removed climate analysis and resilience planning rules from the original NOFO. 
  • Basic risk plan still needed: Projects must still include risk management, covering natural disasters and cybersecurity—but without additional climate rules. 
  • No more broadband usage rules: Eliminated mandates on usage caps, network management practices, wholesaling requirements, and interconnection rules. 
  • Minimum fiber conduit requirement stays: Fiber projects must still include conduit access points, but only as required by law—no additional obligations. 
  • Scrapped heavy consultation demands: Removed requirements to consult widely with demographic and identity-based groups and detailed “public notice” mandates. 
  • Simplified compliance: Now, states just need to certify they met statutory public comment requirements before final submission. 
  • No special treatment: Removed requirements that gave preferential consideration or forced justification of traditional providers over municipalities. 
  • Open to all providers: Now, any eligible entity can compete, without bias. Excluding prior defaults. 
  • Dropped middle-class plans: The requirement for an evolving middle-class affordability plan was removed. 
  • Simplified affordability rules: Removed NTIA-set price caps and complicated guidelines from the NOFO. 
  • Providers set their own low-cost plan: Subsidized providers propose their own LCSO to meet legal minimums (100/20 Mbps, ≤ 100 ms latency). 
  • Eligibility redefined: Only FCC Lifeline-eligible households can receive the low-cost option, not the broader ACP standard. 
  • Reset selection: States must start a fresh subgrant selection round, rescind earlier awards, and let all providers (including new and non-traditional) reapply. 
  • Cost is king: The primary evaluation factor is lowest BEAD funding per served location. Secondary criteria (deployment speed, tech quality, continuity) only matter if bids are within 15% of the lowest (this is key to states managing their awards). 
  • Quick turnaround: States must redo selection and resubmit final plans within 90 days of the June 6 notice; NTIA will review in another 90 days. 

New NTIA BEAD GUidance: Technology Neutrality 

  • Primary Criteria: Entity must select the combination of project proposals with the lowest overall cost to the Program. 
  • Secondary Criteria: If project cost within 15% of the lowest-cost proposal, speed of deployment, speed of network (or other technical capabilities), and preliminary subgrantees. 
  • No national cost threshold 
  • NTIA reserves the right to reject any proposed deployment project
  • Eligible Entities must rescind all preliminary and provisional subaward selections 
  • Eligible Entities that have already completed subgrantee selection must conduct at least one Benefit of the Bargain round 
  • Prequalification must be reopened to all interested applicants 
  • Eliminates the NOFO’s rigid three-tier structure for prioritizing technology 
  • Technologies must meet the technical performance requirements in the NOFO 
  • Provide broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria as the Assistant Secretary shall determine 
  • Ensure that the network built by the project can easily scale speeds over time to meet the evolving connectivity needs of households and businesses and support the deployment of 5G, successor wireless technologies, and other advanced services. 

New NTIA BEAD GUidance: Optimizing BEAD Locations 

  • Eligible Entities must investigate and account for locations that do not require BEAD funding using the reason code process. 
  • Modify BEAD-eligible location lists to include locations no longer served due to a default or change in service area. 
  • Account for BSLs with access to existing ULFW networks to prevent overbuilding. 
  • Revise list of eligible Community Anchor Institutions (CAIs) to ensure their designations conform with the statutory definition of a CAI as established by IIJA. 

New NTIA BEAD GUidance: Non-Deployment Funding 

  • NTIA will issue further guidance on allowable Non-Deployment Funding. 
  • NTIA rescinds all prior approvals of non-deployment funded activities 
  • Eligible Entity should consult with the NIST Grants Office and NTIA if the Eligible Entity believes that it is entitled to reimbursement for non-deployment activities. 

New NTIA BEAD GUidance: Permitting 

  • Goal of issuing National Environmental Policy Act (NEPA) approvals within two weeks for an estimated 90 percent of BEAD projects 
  • Eligible Entities required to use the Environmental Screening and Permitting Tracking Tool (ESAPTT). 

New NTIA BEAD GUidance: Alignment with Prior Guidance 

  • Policy Notices addressing “Alternative Technologies” and BEAD subgrantee selection are rescinded. 

New NTIA BEAD GUidance: Modification of Initial and Final Proposals 

  • Eligible Entities must submit a letter to NTIA within 30 calendar days requesting an Initial Proposal correction to incorporate the terms of the Policy Notice into its Initial Proposal. 
  • Eligible Entities may also submit an Initial Proposal Funding Request budget modification. 

Deadlines for Related Actions 

Deadline 

Responsible Party 

Action Required 

June 6, 2025
(Policy Issuance) 

NTIA & States/Territories 

  • NTIA rescinds all Final Proposal approvals 
  • Halts non-deployment funding 
  • States/territories rescind preliminary/provisional awards 

By June 20, 2025
(14 days) 

NTIA & States/Territories 

  • NTIA sends list of newly eligible/defaulted BSLs 
  • States verify and prep updates 

By July 6, 2025
(30 days) 

States/Territories 

  • Submit Initial Proposal Correction letter

Immediately after NTIA approval 

States/Territories & ISPs 

  • Launch ‘Benefit of the Bargain’ selection round

By September 4, 2025
(90 days) 

States/Territories 

  • Submit revised Final Proposals to NTIA

By December 3, 2025
(90 days post submission) 

NTIA 

  • Review and approve Final Proposals

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