NTIA Issues BEAD Supplemental Deployment Policy Notice

The National Telecommunications and Information Administration (NTIA) has issued a Supplemental Deployment Policy Notice for the BEAD program that establishes a new funding opportunity for locations that remain unserved due to defaults in other programs, misreporting by providers, and other changes to the broadband data maps. Under the new guidance, NTIA will allow Eligible Entities (states) to access additional BEAD funding that was left over from the first Benefit of the Bargain round last year.

NTIA will authorize a second Benefit of the Bargain round to fund broadband deployment to the unserved locations identified on a Supplemental BEAD Eligible Location List. Eligible Entities must publish their revised lists for public inspection within seven calendar days of completing the initial review. Stakeholders will then have 30 calendar days to submit evidence that a location on the list does in fact have BEAD qualifying service or planned service and should be removed. No new locations may be added to the Supplemental BEAD Eligible Location List during this abbreviated challenge process. Eligible Entities must adjudicate challenges within 30 calendar days of the close of the challenge period and there will be no rebuttal round.

NTIA will set an upper limit of funding for each Eligible Entity based on the average cost of serving a broadband serviceable location (BSL) under the Eligible Entity’s previously approved Final Proposal and the number of additional unserved locations. The second Benefit of the Bargain round must be conducted within 90 calendar days following NTIA approval of the final list of eligible locations consistent with the June 2025 Restructuring Policy Notice (RPN) and BEAD Notice of Funding Opportunity (NOFO). Afterward, Eligible Entities will submit a proposed Supplemental Deployment Plan to NTIA for approval. If under extraordinary circumstances, the cost exceeds the limit, the Eligible Entity may seek additional funds by requesting a waiver.

Broadband providers, whether they decide to participate in the new funding round or not, should review the Eligible Entities’ mapping information and participate in the challenge process if the list includes locations that it already serves.

If you have questions about the new BEAD policy notice, please contact an attorney in our Broadband, Spectrum, and Communications Infrastructure practice group.