U.S. should create authority to administer long term, low interest loans for open access advanced telecom infrastructure

Concerns have been raised regarding access to grant funds for advanced telecommunications infrastructure appropriated in the Infrastructure Investment and Jobs Act (IIJA) specifically the National Telecommunications and Information Administration’s (NTIA) Broadband Equity, Access and Deployment (BEAD) program that administers the funds. To ensure program integrity – that grant funds subsidize the construction of infrastructure – the NTIA requires a 25 percent match as well as a bank letter of credit that would allow the NTIA to claw back monies not used for that purpose.

In 2022, the U.S. Government Accountability Office identified a patchwork of more than 100 federal programs administered by 15 agencies that could be used to expand access. The GAO recommended the NTIA identify key statutory limitations to program alignment and develop legislative proposals as appropriate. The NTIA agreed with its recommendations, the GAO reported, and agreed to report to Congress by May 31, 2026 on barriers and statutory limitations that limit broadband program alignment and offer legislative proposals to address them.

Earlier this year in prepared Congressional testimony, the GAO called for national strategy needed to coordinate fragmented, overlapping federal programs, noting fragmentation and overlap can lead to the risk of duplicative support. Three months before, the Federal Communications Commission reported to Congress the Broadband Interagency Coordination Act, which directed the FCC, the National Telecommunications and Information Administration (NTIA) and U.S. Department of Agriculture (USDA) to take a whole-of-government approach to advanced telecommunications infrastructure deployment. The FCC reported an interagency agreement among them “significantly facilitated efficient use of federal funds” and “established a consistent, robust channel for communications among the agencies concerning their respective funding programs.”

The NTIA is finding and will continue to find administering the BEAD program to be challenging. Questions over the accuracy of “broadband maps” created by the FCC to map marketed bandwidth to determine funding eligibility threaten to tie up timely disbursement of funds to the states in addition to the aforementioned concerns over the letter of credit requirement. While opponents see the letter of credit requirement as a way of favoring large investor-owned telephone and cable companies and locking out nonprofit and public sector applicants, it builds in a measure of program integrity to protect public dollars from misappropriation. The downside is by favoring the large investor incumbents along with the eligibility requirements based on their current Swiss cheese service offerings, it will promote continued limited, discrete infrastructure builds (they can be as small as one address under NTIA’s program guidance) that conflict with the expressed intent of the guidance that states develop plans for universal service for all their residents.

Here's what NTIA should recommend to Congress -- and not wait until May 2026 but do so ASAP:

• All existing federal grant programs be eliminated and uncommitted funds placed under a federal 501(c)(1) nonprofit Advanced Telecommunications Authority to administer low interest loans with terms of 30 or more years to state and local governments and 501(c)(12) consumer telecom cooperatives to construct universally available, open access fiber to the premises transmission and delivery infrastructure as well as middle mile transmission infrastructure.
• State and local governments and 501(c)(12) consumer telecom cooperatives would be authorized to issue transparent and fair competitive requests for proposals and qualifications for entities to design, build and operate the infrastructure similar to road and highway projects.
• Since the funds would be structured as loans, the authority should be authorized to develop program rules to mitigate the risk of loan defaults and ensure fully (and not partially) built infrastructure, extending loan funds via regional offices as project milestones are complete and meet construction and quality of service standards.
• States would be authorized to create interstate regional advanced telecommunications infrastructure authorities to enhance economies of scale and access to labor and materials and to ensure timely construction of essential middle mile transmission infrastructure.
• States would be encouraged to expedite permitting approvals and access to rights to way for both new aerial poles and underground infrastructure.
• The publicly owned infrastructure built by the regional authorities would be authorized to charge only nominal access fees to end users. They would be authorized to assess access fees on service and content providers offering services on the infrastructure to defray operational and maintenance costs.

Critics of these measures would likely argue they cannot attain universal, affordable access. But the current market and bandwidth (versus infrastructure)-based strategies clearly cannot in a timely manner. Market-based competition has a role. But in order to serve the public interest, government must take the lead to harness market forces and ensure public funds are used for public purposes.