NTIA tells BEAD subgrantees to flag states that alter required contract language

"NTIA has issued guidance to broadband providers that will receive Broadband Equity, Access, and Deployment (BEAD) Program funding, telling them not to sign subgrant agreements that omit or modify required contract language and to report any state that attempts to do so."

"The guidance, titled “BEAD Subgrantees: Protect Your Rights,” outlines specific contract terms that states are required to include verbatim in every subgrantee agreement. If a state omits or alters the required language, the NTIA said it is out of compliance with BEAD requirements. This puts the subgrant - and the state's overall award - at risk. Subgrantees that encounter a non-compliant agreement are directed to notify their federal program officer."

"Under the BEAD general terms and conditions, each state has committed to not enforce any law, regulation, executive order, or other obligation against a subgrantee that directly or indirectly regulates broadband rates, terms, and conditions, or that imposes net neutrality or open access rules. The prohibition applies anywhere the subgrantee provides service within the state's jurisdiction, for as long as the subgrant remains within its performance period. The NTIA BEAD guidance defines a net neutrality rule broadly to include any obligation that prohibits blocking, throttling, data caps, paid prioritization, or general conduct standards."

"States are required to include commitments that broadband-related permit applications will be accepted promptly and decided within 90 days, that permitting fees will reflect only reasonable costs, and that a single point of contact will be established for broadband permits. States must also establish permitting roundtables that include federal, state, l"

NTIA issued guidance to BEAD-funded broadband providers not to sign subgrant agreements that omit or modify required contract language and to report states that attempt to do so. The guidance requires states to include specific terms verbatim in every subgrantee agreement, and omitting or altering language makes the state out of compliance and puts subgrants and awards at risk. Subgrantees encountering noncompliant agreements are directed to notify their federal program officer. Required language includes a prohibition on utility-style rate regulation, covering laws or obligations that regulate broadband rates, terms, conditions, or impose net neutrality or open access rules. It also requires permitting commitments, including prompt acceptance and decisions within 90 days, fees limited to reasonable costs, a single point of contact, and permitting roundtables with federal and state participation.

Read at Telecompetitor