BEAD Policy Changes Have Fiber Applicants Playing Defense: Lawyer
The BEAD policy changes announced earlier this month (see 2506060052), such as putting satellite and unlicensed fixed wireless (uFW) on equal standing with fiber projects, leave prior BEAD applicants "in a defensive position," Keller & Heckman communications lawyer Casey Lide…
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wrote Tuesday. Fiber providers that already submitted BEAD applications now have to compete against low earth orbit satellite and uFW solely on cost, "with unequal technologies being treated the same." More funding for uFW means a uFW provider can protect its existing service territory from BEAD funding by showing that the current service meets certain technical requirements, he said. Meanwhile, there's no apparent process for third-party comment or intervention, and it's not clear whether state broadband offices would have enough time to hear contrary evidence, Lide said. The BEAD policy notice is also "conspicuously silent" about locations that can be served by LEO now and whether they should be removed from BEAD eligibility. Lide said that if maps of BEAD-eligible locations aren't updated before funding decisions are made, BEAD money "will end up supporting significant overbuilding of existing networks," given how much deployment occurred while the BEAD process dragged on. Past BEAD applicants that want to resubmit might need "to aggressively adjust" the BEAD proposal budget, he said.