WISPA Provides SBOs with BEAD Contract Best Practices Guide
With the announcement this week of NTIA’s approval of 18 state and territory Final Proposals, the BEAD finish line is fast approaching. Attention must now turn to ensuring a smooth process to allow projects to begin construction in early 2026. The next major hurdle is signing contracts with BEAD sub-grantees to formalize BEAD awards and expectations.
As State Broadband Offices (SBOs) finalize drafting the contracts guiding their BEAD deployments, WISPA recognizes two competing needs: on one hand, NTIA guidance has continued to adjust BEAD rules and guidelines, and related BEAD contracts will need to account for the potential that further changes may be announced. On the other hand, contract language that is significantly unbalanced toward state enforcement may appear too restrictive to sign, potentially leading ISPs to walk away from their awards. This scenario would severely impede the success of the BEAD program and could open states to the risk of projects not being completed within Congressionally-mandated timelines.
After extensive review of model language being considered by a range of states, WISPA has developed best practices for constructing contracts that will balance the needs of SBO’s and ISPs, focusing in particular on four key areas in BEAD contract formation:
- Allowing for a single agreement to cover a subgrantee’s multiple project areas in the state,
- Encouraging compliance and remediation over undue enforcement and clawback,
- Adopting reasonable termination guidelines, and
- Qualifying non-compliance.
By following these suggestions, SBO’s will encourage widespread adoption of BEAD contract language and the effective final implementation of BEAD-funded buildouts.
For more information, please contact Steven Schwerbel (sschwerbel@wispa.org), Director of State Advocacy, WISPA.