Anyone remember the Broadband Equity Access and Deployment Program (BEAD)?  

First authorized by the 2021 Bipartisan Infrastructure Law, BEAD awards were eventually allocated in the summer of 2023, when the National Telecommunications and Information Administration (NTIA) announced that Nevada would receive $416 million to build out a statewide broadband network, bringing the rurals up to digital speed.

The program has come under fire from both sides of the aisle recently as an example of the slowness of bureaucracy, because 3 ½ years after its passage, zero miles of broadband infrastructure have been built with these funds.

And with a change in presidential administration, it could be held up again as the Trump administration investigates the slowness and tinkers with requirements.

Luckily for Nevada, the state is ahead of its peers — it’s one of only three states (along with Delaware and Louisiana) that has advanced to the final stage of the multi-step process and is in the public comment period on the final proposal. 

The program’s director feels confident that shovels will hit the ground this summer. But Sen. Jacky Rosen (D-NV) is worried that the Trump administration could get in the way.

Let’s get into it.

The News of the Week: BEAD

The BEAD program is intended to deliver enormous quantities of money to states to build out broadband networks, targeting areas with the lowest internet speeds and access first. Structured as a passthrough grant, the federal government awards money to states, which in turn award money to subgrantees including internet service providers, tribes and local governments to build out the broadband network. 

The BEAD program has given preference to fiber-optic internet rather than satellite internet, given that fiber, while more expensive, has no bandwidth capacity limits and is easily expandable once implemented. 

But the Trump administration — frustrated by “woke mandates, favoritism towards certain technologies, and burdensome regulations,” according to Commerce Secretary Howard Lutnick — has placed the program under review and instituted a 90-day extension for states (unlike Nevada) that have not submitted their final plans. 

More than 100 state legislators — including Assm. Sandra Jauregui (D-Las Vegas) — sent a letter to Lutnick asking that the review cause no further delays. While groups representing satellite internet service providers are excited, the fiber industry (while still pushing for efficiency) is worried that the delay is undermining progress.

Supporters say that a more satellite-heavy mix will make the program more affordable, and that because fiber is so expensive, states will not have enough left over to meet some of the program’s affordability requirements. Democrats see a more sinister motive — Elon Musk’s Starlink company is a satellite internet service provider, and, coupled with SpaceX, could receive up to $20 billion in BEAD funding if the program is made more tech-neutral.

While some states are contemplating changes to their BEAD plans to incorporate a more tech-neutral approach, Nevada, having already received final approval in January, should be able to access 20 percent of the $416 million fund once all administrative approvals are in place.

Rep. Frank Pallone (D-NJ), the ranking member of the House Energy and Commerce Committee, said the Trump administration’s review had put “shackles on broadband providers” in Nevada and the two other states that should already be able to draw down money. 

But Brian Mitchell, the Nevada broadband director, said that his office is still in the process of negotiation and signing award agreements with the 19 different providers, so the federal delay has not slowed his office’s work. He still anticipates that shovels will go in the ground and the first Nevadans will be connected to the internet through the program this summer. And Mitchell said he welcomes the Commerce Department’s efforts to streamline.

“One of the things that Commerce is focused on is reducing red tape and extraneous requirements in the program,” he said in an interview. “We're very supportive of any changes or reforms to the program that allow our existing group of providers to deploy more quickly.”

The Nevada Angle

Nevada’s final BEAD proposal, released in December and approved in January, made fiber a big winner. More than 80 percent of the unserved locations will be served by fiber, with Stimulus Technologies of Nevada and SkyFiber Internet being the biggest grants recipients. Satellite providers will serve 10 percent of locations, and wireless makes up the final 10 percent. 

The state awarded 19 providers in total that will serve more than 51,600 locations across the state at an average of $10,730 per location. 

Though the technology mix is fiber-heavy, Mitchell said he’s not worried about any pushback from the Trump administration. He said his office considered tech-neutrality from the beginning, given that Nevada is too vast and geographically diverse to rely on any one technology. 

“It's a big win for Nevadans, because it delivers the right technology at the best possible cost for each project area,” Mitchell said. “So when I hear Commerce and NTIA talking about technology neutrality, I think we've already done that. We've checked the box, and I feel very good about our proposal.”

The Impact

Rosen is concerned that the delay is the beginning of an effort to change the technology mix of BEAD proposals. If the Trump administration wants to retroactively change the rules that states operated under in drafting their proposals, Rosen said the entire premise of congressional authority is undermined.

“We have been making the case to them over and over again, and they are toeing the Trump line as if everything is under review,” Rosen said in an interview. “I think that's absolutely ridiculous. Congress has the power. We authorize, we appropriate. Nevada has done the work according to the rules at the time, and they can’t go back and retroactively do that.”

Around the Capitol

⛏️Fast-tracking oil — As Trump tries to fulfill his campaign promise to “drill baby drill” on federal land, the Interior Department is proposing big changes to the way oil and gas projects get approved on federal lands by radically shortening the time environmental reviews take. 

The policy could affect Nevada, which has little to no oil and gas deposits but a preponderance of federal land. And it comes amid big planned changes to federal lands — including efforts, reported by the The Washington Post, to shrink the size of certain national monuments. Not on the list, so far? Avi Kwa Ame, which was created by President Joe Biden in 2023.

🧑‍⚖️Ford v. Trump, again — The latest lawsuit from Democratic attorneys general against the Trump administration is over tariff policy — and Nevada is one of the plaintiffs. Attorney General Aaron Ford joined with colleagues to argue that Trump’s use of emergency authority to unilaterally set tariff rates is unlawful.

🔵CCM out of Dem whip race — Sen. Dick Durbin (D-IL) announced he will be retiring at the end of his term Wednesday, setting off a race among Senate Democrats to replace him as the party’s whip — the No. 2 behind Minority Leader Chuck Schumer (D-NY). Senators floated Sen. Catherine Cortez Masto (D-NV), the current vice chair of outreach, as a potential candidate to jump the leadership line, according to Axios. 

But a Cortez Masto spokesperson told me Thursday that Nevada’s senior senator does not plan to throw her hat in the ring for whip.

What I’m Reading

Nevada Current: DOGE cuts mental health funding for homeless children, youth in Nevada, officials say

The cuts include federal grants to rural counties for mental health treatment for young people.

The Nevada Independent: Trump pardons Fiore, clearing former Las Vegas councilwoman after fraud conviction

The president has the constitutional right to intervene in Las Vegas wire fraud cases.

Reno Gazette Journal: 3 Trump Nevada promises: Here’s where they stand as 100-day mark nears

With the return of Congress in May meaning the reveal of Republicans’ reconciliation bill, we’ll find out about no tax on tips soon.

Notable and Quotable

“Why don’t we go back to 1912 and relitigate?”

— Sen. Jacky Rosen (D-NV), sarcastically, in an April 9 interview on the Trump administration’s penchant for delaying funding to ensure previously created programs are in compliance with its goals.