Bridging the Digital Divide: Legal and Regulatory Insights on the BEAD Program

The Broadband Equity, Access, and Deployment (BEAD) Program represents the largest federal investment in broadband infrastructure in U.S. history. Enabled by the Infrastructure Investment and Jobs Act (IIJA) and administered by the NTIA, BEAD aims to close the digital divide by expanding high-speed internet access to unserved and underserved communities. This CLE program offers legal professionals a comprehensive overview of the BEAD program, its regulatory framework, and the litigation and compliance challenges it presents. With a particular focus on the legal risks related to procurement, permitting, and equity obligations, this course prepares attorneys to navigate the intersection of broadband policy and law, advocate for equitable access, and counsel clients involved in broadband deployment efforts.

Learning Objectives:

1. Explain the structure and objectives of the BEAD Program, including its relationship to the IIJA and the NTIA's oversight responsibilities

2. Identify key legal risks associated with broadband deployment under BEAD, such as procurement challenges, right-of-way disputes, and environmental compliance

3. Analyze the role of government-owned networks and asset mapping in supporting cost-effective and equitable broadband expansion

4. Evaluate the legal and ethical considerations in addressing digital redlining and ensuring equitable access to broadband in historically underserved communities

5. Understand the BEAD challenge process and its legal framework, including how broadband availability disputes are resolved and how attorneys can support clients through this mechanism