PDF of Letter (with citations)

RE: BEAD and DE Implementation

Dear Secretary Lutnick,

Congratulations on your confirmation as Secretary of Commerce. We look forward to working with you to bring fast, reliable, affordable broadband to every last one of our constituents.

We, the undersigned group of 15 bipartisan state legislators representing 28 states, respectfully request that the National Telecommunications and Information Administration (NTIA) allow state Broadband Equity, Access, and Deployment (BEAD) and Digital Equity (DE) programs to proceed without delay. If NTIA changes program conditions, we ask that those changes be optional rather than mandatory. We are concerned that mandatory changes will undermine state authority over state programs (a central feature of the Bipartisan Infrastructure Law), undo our BEAD and DE plans, and delay broadband deployment by a year or more.

After three years of preparation, we are just now beginning to implement our BEAD and DE programs. And, so far, it is going very well. For BEAD, initial grant rounds have resulted in nearly universal coverage, widespread competition, and substantial winnings for local and regional providers. For example, Louisiana has achieved 95% fiber coverage, 3% wireless/cable, and 2% satellite; Nevada achieved 83% fiber coverage, 7% wireless/cable, and 9% satellite; and Delaware achieved 100% fiber coverage. These are incredible results, and the flexibility to prioritize fiber while still incorporating wireless and satellite technologies will bring our constituents high-quality, affordable service at reasonable costs. For DE, our states are creating programs that address the full range of digital needs—skills for agriculture, healthcare, personal finance and entrepreneurship, online safety, cybersecurity, and efficient use of government programs. Together, BEAD and DE will ensure that all people reap the full benefit of connectivity.

As state legislators, we understand that no program is perfect. Indeed, we welcome some changes. However, we ask that you defer to our states about which changes we adopt. The federal approach to broadband programs—most recently exemplified by the Rural Digital Opportunity Fund—has created obstacles that we are only now overcoming. Let us not repeat mistakes of the past.

One in four rural residents do not have access to broadband. But they are about to. State BEAD and DE programs have been designed by and for state stakeholders, and they are poised to bring high-speed, reliable, affordable, and scalable broadband to virtually every last one of our constituents. Please respect the results of this process. At this late stage, major changes would undermine our work and delay deployment by years. The health, safety, education, and economic success of our communities depend on these programs. We ask that you tread cautiously when changing them.

Thank you,

-Signatories