Cruz Presses NTIA for Withdrawal of Digital Equity Grant Program Rules
Senate Commerce Committee ranking member Ted Cruz, R-Texas, urged NTIA Administrator Alan Davidson Thursday to “withdraw” a notice of funding opportunity (NOFO) for its $1.25 billion digital equity competitive grant program (see 2408300003) “and halt issuing Program grants before you…
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cause real harm.” The initiative is among the broadband programs funded via the 2021 Infrastructure Investment and Jobs Act. “NTIA’s use of racial classifications, as set forth in the [digital equity competitive grant program] NOFO, does not serve a compelling governmental interest,” Cruz said in a letter to Davidson. He contends that language requiring grant applicants to prioritize “Covered Populations” violates the Fifth Amendment's due process clause because the agency doesn’t provide evidence of racial discrimination in internet access and lacks clear metrics. “The NOFO provides no evidence racial minorities face discrimination in accessing the internet, let alone specific instances of discrimination that NTIA is seeking to address,” Cruz said: It also “does not define 'minority,' making it impossible to determine whether it is underinclusive, but in any event, it is overinclusive because it includes anyone who falls into some racial group, without any determination that that specific group has faced discrimination in access to broadband.” Cruz wants NTIA to respond by Dec. 12 indicating it’s going to withdraw the language or justify its constitutionality. NTIA didn’t immediately comment. Cruz has been critical of NTIA’s implementation of other IIJA connectivity initiatives, including the $42.5 billion BEAD program (see 2410210043).