Sen. Moran, Colleagues Call on NTIA to Preserve States’ Ability to Use Broadband Infrastructure Funds as Congress Intended

WASHINGTON - U.S. Senator Jerry Moran (R-Kan.) - a member of the Senate Committee on Commerce, Science, Transportation - joined Senator Deb Fischer (R-Neb.) and their colleagues in urging Arielle Roth, the Assistant Secretary of Commerce for Communications and Information at the National Telecommunications and Information Administration (NTIA), to preserve the ability of states to use their remaining Broadband Equity Access and Deployment (BEAD) funds consistent with congressional intent.

The senators' letter also requests NTIA to provide a public accounting of unspent BEAD funds for each state, clarification of NTIA's current interpretation of allowable "non-deployment" uses and a timetable for revised guidance on non-deployment funds.

Sens. Moran and Fischer were joined by Sens. Ben Ray Luján (D-N.M.), Maria Cantwell (D-Wash.), Jim Risch (R-Idaho), Jacky Rosen (D-Nev.), Mike Crapo (R-Idaho), Jeanne Shaheen (D-N.H.), Dan Sullivan (R-Alaska), Ed Markey (D-Mass.), Lisa Murkowski (R- Alaska), Tammy Baldwin (D-Wis.), Lisa Blunt Rochester (D-Del.) and Amy Klobuchar (D-Minn.).

"We write to request the agency's attention to a major question emerging within the BEAD Program," wrote the senators. "Under the latest BEAD Notice of Funding Opportunity, many states likely will - or already do - have leftover BEAD allocations. Given the intent of Congress that these resources be used to expand broadband access nationwide, we respectfully seek clarity on how NTIA will ensure proper stewardship and redistribution of non-deployment funds to close the digital divide."

The full letter can be found here and below.

Dear Administrator Roth:

We write to request the agency's attention to a major question emerging within the BEAD Program. Under the latest BEAD Restructuring Policy Notice, many states likely will - or already do - have leftover BEAD allocations. Given the intent of Congress that these resources be used to expand broadband access nationwide, we respectfully seek clarity on how NTIA will ensure proper stewardship of non-deployment funds to close the digital divide.

Under the statutory framework established by Section 60102 of the Infrastructure Investment and Jobs Act (47 U.S.C. § 1702), BEAD funding was intended first and foremost to fund broadband expansion: deployment to unserved locations, then underserved areas and connection of eligible community anchor institutions, before consideration of a broader set of permissible "non[1]deployment" uses to facilitate goals of the program. Congress granted this authority, along with the authority to redistribute unallocated funding amongst eligible entities, to maximize broadband infrastructure buildout - and thereby boost the economic productivity that connectivity brings to every corner of our country.

The current status of non-deployment funding, however, appears unsettled. While NTIA's recent guidance stated that allowable non-deployment purposes were still under review, we were encouraged by your public comments on December 2, 2025, stating that the agency is "operating under the assumption that the states will get to use their BEAD savings," though noting that "nothing has been finalized."

Given these considerations, we respectfully request that NTIA provide:

1. A public accounting of the BEAD funds for each state, including amounts already committed to deployment projects and amounts remaining unallocated or reserved for non-deployment uses;
2. Clarification of NTIA's current interpretation of allowable "non-deployment" uses in light of the June 2025 policy notice and consistent with authorized use of the funds under 47 U.S.C. § 1702 moving forward, and whether any previously approved non-deployment activities may remain eligible; and
3. A timetable for revised guidance on non-deployment funds, along with any criteria or conditions under which non-deployment programs will be permitted or prioritized.

In responding, we strongly urge NTIA to preserve states' ability to use their non-deployment BEAD funds consistent with congressional intent and the bipartisan infrastructure law. We look forward to your timely reply and to ensuring that every BEAD dollar is used to connect Americans for generations to come, as Congress intended.

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