A letter addressed to
the NTIA and Department of Commerce
Re: BEAD — Alternatives to the Irrevocable Standby Letter of Credit Requirement
September 6, 2023
The Honorable Gina M. Raimondo
Secretary of Commerce
The Honorable Alan Davidson
Assistant Secretary of Commerce for Communications
U.S. Department of Commerce
1401 Constitution Avenue NW Washington, DC 20230
Dear Secretary Raimondo and Assistant Secretary Davidson,
We, the undersigned, are deeply committed to the success of the NTIA’s Broadband Equity Access and Deployment (“BEAD”) program. We are, however, equally concerned that the program will not achieve its objective of delivering internet for all because, as currently written, the rules risk excluding thousands of providers whose participation is vital to closing America’s digital divide.
To ensure BEAD lives up to its promise to deliver a more equitable digital future, we respectfully ask you to urgently consider alternatives to the program’s irrevocable standby Letter of Credit (“LOC”) requirement.
Under the current requirements, participants must obtain a LOC issued by an FDIC bank with Weiss rating of B- or better for 25% of the award amount. Banks providing LOCs require that they be collateralized by cash or cash-equivalent. As a result, awardees will have to lock away vast sums of capital for the full duration of the build, likely several years. With the additional 25% match requirement, recipients will have a capital hurdle of more than 60% of their grant. We estimate a provider seeking a $7.5 million grant for a $10 million project will need at least $4.6 million of their own capital up-front.
While we support the NTIA’s intention of ensuring providers are accountable for delivering on grants, far from safeguarding taxpayer dollars, the LOC requirement will prevent the internet service providers (“ISPs”) best positioned to connect unserved and underserved Americans from participating. For the reasons below, alternatives to the LOC should be allowed.
First, by establishing capital barriers too steep for all but the best-funded ISPs, the LOC shuts out the vast majority of entities the program claims to prioritize: small and community-centered ISPs, minority and women-owned ISPs, nonprofits, and municipalities. Rather than demonstrating a provider’s ability to construct a broadband network and provide high-speed broadband services to unserved and underserved Americans, the LOC is a measure of whether they can lock up valuable working capital over multiple years. While large incumbents may be able to bear this financial burden, most others can not. And, due to various state and local rules, municipalities are often not allowed to obtain LOCs. Therefore, alternatives to the LOC are critical to ensure these providers can participate in the BEAD program.
Second, the banking sector has made clear that it does not have the appetite to issue LOCs at the scale required to satisfy this $42.5B program. BEAD rules say LOCs can only be issued by banks with Weiss ratings of B- or better, with lower-rated banks, investors, Community Development Finance Institutions (CDFIs), and philanthropy not eligible to fill the gap. Even if these banks can be persuaded to issue $10.6B in LOCs, the capital needed to collateralize them means billions of dollars are sitting idle and not being used to buy equipment, lay fiber, and train the next generation of broadband engineers. We do not believe this is what the NTIA had in mind when it adopted the LOC requirement.
While the LOC is meant to safeguard funds in the event of default, it fails to find the balance that does this while honoring BEAD’s aim to ensure every American can access high-speed broadband services through a broad sector of ISPs.
Notably, past federal broadband investments had either a match requirement OR a letter of credit — not both. The USDA Rural Utilities Service ReConnect program, for example, requires a 25% match but not a LOC and releases grant funds on reimbursement. The Treasury Department’s Capital Projects Fund has no requirement either for a match or an LOC. On this basis, we recommend waiving the LOC requirement entirely. However, if the NTIA is determined to take a belt-and-suspenders approach, the following should be made available to applicants as additional alternatives to the LOC:
Performance bonds, commonly used in construction projects, are a suitable alternative to a LOC, providing a financial guarantee for the delivery of the project without requiring providers to front such a large amount of capital to secure BEAD funding. Performance bonds have the additional benefit that the bond issuer performs significant due diligence on the applicant, providing an additional layer of qualification. And, as bond issuers are incentivized to ensure performance, this mechanism adds further assurance of project completion.
Delayed reimbursement, allowing providers and State Broadband Offices to agree on a set of milestones that must be achieved to release grant tranches. This formalizes the current reimbursement plan in which grants will be issued to providers incrementally over the course of the build. This commonly used approach will empower Broadband Offices to work effectively with the applicants they deem best positioned to connect unserved and underserved communities in their state.
These alternatives do not supersede the due diligence that State Broadband Offices must perform on applicants to ensure proposals are viable and that applicants have the capacity to perform. But providing alternatives to LOCs ensures such objectives are achieved without unnecessarily excluding ISPs otherwise ready and able to connect communities across the US.
BEAD has the potential to be one of the most transformative investments in our history. Like the Rural Electrification Act of the 1930s, it can unleash the power of marginalized communities nationwide, but only if we create a level playing field where all providers have an equal opportunity to participate. A course-correction is therefore needed.
We were encouraged when your advisor Kevin Gallagher said, “If you take the equity out of BEAD, it’s just BAD.” So we ask you to act now to keep equity in BEAD and ensure the program lives up to its promise.
Sincerely,
Jochai Ben-Avie, CEO, Connect Humanity
Gigi Sohn, Executive Director, American Association for Public Broadband
Sharayah Lane, Senior Advisor for Indigenous Community Connectivity, Internet Society
Jade Piros de Carvalho, Director of Broadband Development, Kansas Department of Commerce
Mark Vasconi, Director, Washington State Broadband Office
Christine D Hallquist, Executive Director, Vermont Community Broadband Board
Shane Larson, Senior Director for Government Affairs and Policy, Communications Workers of America
John Windhausen, Executive Director, Schools, Health & Libraries Broadband (SHLB) Coalition
Adrianne Furniss, Executive Director, Benton Institute for Broadband & Society
Quinn Jordan, Executive Director, Mississippi Broadband Association
Megan Janicki, Deputy Director, American Library Association
Cedric Watkins, Policy Advocate, Public Knowledge
Matthew Chase, Executive Director, National Association of Counties
Jonathan Schwantes, Senior Policy Counsel, Consumer Reports
Blair Levin, Former Executive Director 2010 National Broadband Plan
Pierce Verchick, Head of Broadband Lending, Live Oak Bank
Kelty Garbee, Executive Director, Texas Rural Funders
Robert P Vietzke, Director, Vermont Communications Union Districts Association
Amina Fazlullah, Senior Director Equity Policy, Common Sense Media
Christopher Mitchell, Program Director, Institute for Local Self-Reliance
L. Elizabeth Bowles, CEO, Aristotle Unified Communications L.L.C.
Donna Gambrell, President and CEO, Appalachian Community Capital
Joseph Valandra, Chairman & CEO, Tribal Ready, PBC
Matt Wood, VP of Policy, Free Press
Doug Dawson, President, CCG Consulting
Sascha Meinrath, Director, X-Lab
Mark Buell & Phil Mozejko, Indigenous Connectivity Institute
Cindy S. Church, Continuing Education Consultant, Library of Virginia
Amy Sample Ward, CEO, NTEN
Francella Ochillo, Executive Director, Next Century Cities
Scott D. Woods, President, Public-Private Partnerships, Ready.net, Inc.
Dawn Euer, Senator, Rhode Island Senate
Megan Mauro, SVP of Policy and Advocacy, Texas Association of Business
Christine Yanas, Vice President of Policy & Advocacy, Methodist Healthcare Ministries of South Texas, Inc.
Kenley Joseph, Tech and Telecom Policy Counsel, Multicultural Media, Telecom, and Internet Council
Jamie Rasberry, Director of Policy and Strategic Partnerships, Mississippi Alliance for Nonprofits and Philanthropy
Dr. Jeanine Abrams McLean, President, Fair Count
Jordana Barton-Garcia, Co-Chair, Texas Rio Grande Valley Broadband Coalition
Dianne Connery, Director, Pottsboro Area Public Library
Rebecca Masisak, CEO, TechSoup
F. X. Flinn, Chair, Governing Board, East Central VT Telecommunications District (dba ECFiber)
Brian Snider, CEO, Lit Communities
Katherine Townsend, Director, Measurement Lab
Thomas W. Ferree, Chairman & CEO, Connected Nation
Colby Hall, Executive Director, Shaping Our Appalachian Region
Norma Fernandez, Chief Executive Officer, EveryoneOn
Jennifer Imo, Executive Director, National Association of Towns and Townships
Steven Schwerbel, State Advocacy Manager, WISPA - Broadband Without Boundaries
Garren Shannon, Director of Information Technology Services, Pullman Public Schools
Tracy S. Doaks, President & CEO, MCNC
Charles E. Thomas, President, TrailRunner Communications
Jim Baller, President, Coalition for Local Internet Choice
Linda Ujifusa, Senator (Dist. 11), Rhode Island State Senator
Tiffany Patterson, President & CEO, United Ways of Texas
Ann Janda, CCCUD Clerk, Chittenden County Communications Union District (CCCUD)
Frank Marley, Exec VP Government Affairs & Business Development, Indigenous Broadband Solutions, LLC
Jennille Smith, Executive Director, CVFiber
Myles Smith, Executive Director, Maine Broadband Coalition
La Plata County Board of County Commissioners: Marsha Porter-Norton, Chair; Matt Salka, Vice Chair: Clyde Church, Commissioner, La Plata County Government
Michael Stephen Donovan Jr., Owner, Belzoni Cable, LLC
Andrea F Bennett, Executive Director, California IT in Education (CITE)
Nathanael Wills, Organizer, Delta Interfaith
Andre DeMattia, Co-CEO, Talkie Communications, Inc.
Eric Hatch, Board Chair, Southern Vermont Communications Union District
Jonathan Cooper, Community & Economic Development Program Manager, Bennington County Regional Commission
Ellie de Villiers, Executive Director, Addison County Communications Union District (dba Maple Broadband)
Michelle Salas, Owner, UpNet Wisconsin, LLC
Mike Buschman, Library Development Manager, Washington State Library
Christa Shute, Executive Director, NEK Broadband
Emily C. Schuh, Administrative Services Director, ACCESS Anacortes Fiber Internet (City of Anacortes)
Matt Miller, Mayor, City of Anacortes
Marsha Porter-Norton, Chairwoman, Board of Commissioners, La Plata County
Butch Brock, Executive Vice President, ITC Holding Company
Alan Fitzpatrick, CEO, Open Broadband, LLC
Mike Bordogna, County Manager, San Miguel County
Andy Kerr, Chair, Board of County Commissioners, Jefferson County (CO) Government
Sean R. Kio, NWCUD Executive Director, Northwest Vermont Communications Union District
Beverly LaShawn Williamson, CEO, Wave7 Communications, LLC
Gayle Nelson, Vice President, Education Sales, ENA by Zayo
Laurence Brett ("Brett") Glass, Owner and Founder, LARIAT (The World's first WISP)
Steven Corbató, Executive Director, Link Oregon
Dianne Connery, Director, Pottsboro Area Public Library
Eric Pearson, President & CEO, El Paso Community Foundation
Ellen Ray, CEO, Still Water Foundation
Paul Fixx, Governing Board Chair, NEK Broadband Communications Union District
JJ McGrath, Owner/Operator, Texoma Communications, LLC dba TekWav
Richard D Soutar, President, Triple Crown Internet, Inc
Larry Didway, Superintendent, Clackamas Education Service District
Joe Turnham, Director, Macon County Economic Development Authority
Gene Logan, Jr., Co-Founder & CEO, Final Span, LLC
Brian Smith, CEO, Uplink LLC
Rod Wagner, Director, Nebraska Library Commission
Arielle Jones, Digital Navigator, Goodwill Industries of the Inland Northwest
Lee Davenport, Director, US Ignite
Roy Hoover, President & CEO, Hoover Technology Consulting, LLC
Ronnie Maez, Chairman of the Board of County Commissioners, Archuleta County
William A. Tookey, County Administrator, San Juan County, Colorado
Dee Davis, President, Center for Rural Strategies
Roy Davis, Assistant Librarian, Fannie Brown Booth Memorial Library
Dwayne McFall, County Commissioner, Fremont County, Colorado
Lisa Nolen Birmingham, Interim Executive Director, Lamoille FiberNet Communications Union District
Mitchell Block, President, Net Ops Communications
Matt Larsen, CEO, Vistabeam
Marybeth Allen, Co-Chair, Orland (Maine) Broadband Committee
Christopher Christian, LAN Communications Corp
Martha Huizenga, COO and Co-Owner, DC Access LLC
Jane Brown, President and CEO, Robert W. Deutsch Foundation
Lawrence Guyot, President, Empowerment through Technology & Education, Inc.
Angela Bennink, General Manager, Public Utility District #1 of Kitsap County
Tamara Davis Brown, CEO, Last Mile Broadband of Maryland, LLC
James Kyle, CEO, Millennium Infrastructure Fund
Arthur S. Gaylord, co-founder and Chair Emeritus, OpenCape, Inc
Reg Weiser, CEO, Positron Access Solutions Corp
Vikram Venkatasubramanian, CEO, Nandi Security, Inc
Mark Ouellette, CEO, Axiom Technologies, LLC
Ryan Delack, CFO, Surf Internet
Charles W. Sherwood, Jr., Community Media Visioning
Tony Beyer, Broadband Advocate, ROANEnet
Joseph Ceasar, Executive Director, Legacy Institute for Financial Education dba LIFE Tech
Wynn Rosser, Ph.D., President & CEO, T.L.L. Temple Foundation
Gabrielle Ciuffreda, Executive Director, DVFiber
Sajit Bhaskaran, CEO, Aspen Networks Inc
Cesar Villa, Director of Operations, Eagle Pass Public Library
Jeffrey R. West, Executive Director, Education to Employment Partners
Joey Anderson, CEO, Nortex Communications
Armando Cantu, Executive Director, CARDBoard Project
Peggy O'Brien, Chair, Upper Rio Grande Regional Working Group
Eddie Hopkins, Executive Director, Jasper Economic Development Corporation
Kristen Moudy, Executive Director, Wheeler Economic Development and Chamber of Commerce
Kate Laughlin, Executive Director, Association for Rural & Small Libraries
Becky Calahan, Director, Philanthropy Advocates
Dr. Ron Suarez, Executive Director, Broadband Institute Foundation (ISPcoop)
Mary Ellen Wiederwohl, President & CEO, Accelerator for America
Lonnie Hunt, Executive Director, Deep East Texas Council of Governments
Ben Mackey, Executive Director, Texas Impact Network
Chad Sims, County Judge, Harrison County, Texas
Ines Polonius, Chief Executive Officer, Communities Unlimited, Inc.
Debbie Bresette, Executive Director, Bastrop County Cares
Robert Scott, Texas Rural Broadband Coalition
Carrie Warren-Gully, Chair, Board of County Commissioners, Arapahoe County (CO) Government
Sam Patterson, Board Chair, Falmouth Broadband MLP
Larry Gatlin, IT Administrator, Wheeler County
Laura Black, Governing Board Chair, Otter Creek Communications Union District
Katie Alford, President & CEO, Community Foundation of Abilene
Jeff Branick, Texas County Judge, Jefferson County, Texas
Michelle D. Monse, President, Carl B. & Florence E. King Foundation
Peter R. Jones, Llano County Commissioner, Llano County
Keralee Clay, Sr. Vice President, Amarillo Area Foundation
Tricia Jagneaux, CEO, Evergreen Technology Solutions, LLC
Justin Yancy, President , Texas Business Leadership Council
Theodore Pietz, Principal, Aquidneck Light
Brett Schuppner, General Manager, Reedsburg Utility Commission
Abe Laydon, Commissioner, Douglas County
Sally Braun, Director, First Mile Connectivity Consortium
Marcie Trevino Ripper, Policy Consultant, SA Digital Connects
Lori E Dodd, Executive Director, Texas Midwest Community Network
Leonard Winchester, President, Smoky Mountain Techworks Incl
Rob Barlow CEO, 6 Harmonics Inc
Bill Murdoch, Executive Director, Clear Sky Connections
Amy Cortina, Senior Vice President, Strategic Partnerships, UNITE-LA
Todd Harpest, External Affairs & Regulatory Director, MetaLINK Technologies, Inc.
Lora Thomas, Commissioner, Douglas County
George Teal, Commissioner, Douglas County
Jason Guzzo, CEO, Hudson Valley Wireless
Troy Walcott, President, People's Choice Communications
Flite Freimann, Director, Washington County Department of Job and Family Services
Shrihari Pandit, Member , Stealth Communications
Greg P. Metzger, CEO, Yellowstone Fiber
Jim Candelaria, Chairman, Montezuma County
Bob Knight, President & CEO, Harrison Edwards, Inc.
Larry R. Mincks, Washington County Sheriff, Washington County Sheriff's Office
Mark Sur, Founder, ELMT Consulting
Petra Falcon, Executive Director, Promise Arizona
Kathy Chandler-Henry, Matt Scherr & Jeanne McQueeney, Eagle County Commissioners, Eagle County Government
Leslie Wollack, Executive Director, National Association of Regional Councils
Charles R Dennie, Consultant, Broadband Solutions, LLC
Kim Alexander, CEO, Collegiate Edu-Nation
Miguel A Perez, Director of Technology, Fabens Independent School District
James M. Decker, Mayor, City of Stamford, Texas
Ryan Franklin, Senior Director, Policy & Advocacy, Educate Texas
Michael Hardrick, Library Director, Forest Hill Library District
Kellie Wilks, Ed.D, Chief Technology Officer
Ryan Grewell, General Manager , Smart Way Communications
Eddie Trevino, Jr., Cameron County Judge, Cameron County, Texas
Martha Huizenga, COO and Co-Owner, DC Access LLC
Paul M Donovan, Principal, PMD RE Consulting Services, LLC
Mike Cariveau, CEO, Bayfield Wireless
President and CEO, Intermax Networks
Narciso Garcia, Superintendent, Vanguard Academy
Jessica Karlsruher, Executive Director, TREAD Coalition
Stanton Williams, CFO, ValleyNet/ECFiber
Sarah Holderman, Interim General Manager, Public Utility District No. 1 of Pend Oreille County
George Caan, Executive Director, Washington Public Utility Districts Association
Reg Weiser, CEO, Positron Access Solutions Corp
Alan Yoder, President, Smartcom Telephone, LLC
Mario Lozoya, President, Lozoya Consulting, LLC, Lozoya Consulting, LLC
Nancy C Windham, President & CEO, Texas Forest Country Partnership
Amanda McAfee, President & CEO, Lubbock Area United Way
Kelly D. Cheek, Executive Director, Texas Rural Health Association
Annette Creekpaum, Manager, Mason County PUD 3
Michael Henson, Chief Operating Officer , Northwest Open Access Network
Scott Rhees, General Manager & CEO, Public Utility District No. 1 of Franklin County
Molly Fohn, Policy Program Manager, Voqal
Joey Arnett , Owner, rNetworks LLC
Matt Deaton, General Manager & CEO, Orange County REMC
David Stoll, General Manager & CEO, MEI Telecom Services
Jim Garrett, President, Kinex Telecom, Inc.
Gregory Hayman, President & Managing Member, TechInfo Communications, LLC
Jennifer Carter, Chief Mission Officer, Goodwill Central Texas
Chris E. Wallace, President & CEO, North Texas Commission
Michael Ward Jr., President & CEO, Austin Urban Technology Movement (AUTMHQ)
Lori Harnick, President & CEO, Goodwill of the Olympics & Rainier Region
Cassie Bair, Chief Business Development Executive, Mobile Citizen, LLC
Dawn Franks, President & CEO, ETMC Foundation
Neil Sheridan, Executive Director, Michigan Townships Association
Jeff Krueger, Executive Director, Minnesota Association of Townships
Gary Cooper, President, Southern Ohio Communications
Marc Wilson, General Manager, Public Utility District No. 2 of Pacific County
Mark Webb, President, TurboNet Technologies, Inc.
Josh Luthman, President, Imagine Networks, LLC
Johnny Veselka, Member, Board of Directors, Collegiate Edu-Nation
Bethany Castro, Executive Director, United Way of the Crossroads
Heidi Fought, Executive Director, Ohio Township Association
Jerry Crabtree, Executive Director, Township Officials of Illinois
Todd Jagger, Broadband & Legislative Liaison, Jeff Davis County, Texas
Larry Syverson, Executive Secretary / Director of Governmental Relations, North Dakota Township Officers Association
Gerry Geist, Executive Director, Association of Towns of the State of New York
Mike Koles, Executive Director, Wisconsin Towns Association
Angie Cuellar, Executive Director, Cuero Chamber of Commerce
Thomas Mehlert, Executive Director, Arizona Students Recycling Used Technology
David Hoover, Principal, The Ferguson Group (TFG)
Steve Garchar, Dolores County Commissioner Chair, Dolores County
Leslie Shivers, Executive Director, Association of Colorado County Administrators
Mike Leerar, County Commissioner, Yuma County, Colorado
Ronald E. Hadley, CEO, whererugoing.com
Ruben D. Longoria, Jr. Assistant Director, Governmental Relations, Texas Association of School Boards
Stephen Stewart, CEO, Smart Broadband LLC
Heather B. Gold, VP, External Affairs, Mears Broadband
Kevin Ancell, General Manager, STE Communications
Fred Maldonado, VP, Regulatory, Broadband & Community Relations, Astound Broadband
Mark Stanley, Director of Operations, Demand Progress Education Fund
Shirley Mewborn, Library Director, Grifton Public Library
Jack McNairy, Co-Founder, HarvestBeam Inc.
Nick Didow, Co-Founder, HarvestBeam Inc.
Susan G Myers, Managing Partner, Eastern Carolina Broadband
Gisele Jefferson, Washington County Commissioner, Washington County
Lea Ann Laybourn, Washington County Commissioner, Washington County
Kent Vance, Washington County Commissioner, Washington County
Michael Lilliquist, City Council member, City of Bellingham, WA
Peter Jones, Llano County Commissioner Precinct 1, Llano County
Kenny Thompson, County Judge, Haskell County
Supervisor Gary Bradford, Yuba County
Jose Munoz Jr, Chief Technology Officer , Eagle Pass ISD
John Hargrove, COO, Evergreen Technology Solutions
Shukri Bana, Administrative Coordinator, Texas Rural Funders
Bonnie Fulkinbury, Operations Manager, Arizona Students Recycling Used Technology
Sharon Smith, Special Projects Administrator, Albemarle Commission Regional Council of Governments
Kurtis Heimerl, Associate Professor, Paul G. Allen School of Computer Science and Engineering at the University of Washington
Glenda Hackney, Utility Billing Clerk, City of Trenton
Marc Restuccia, MD, Orland Broadband Committee
Dan Graham, CTO, CMS Internet
Isa kwambo Dagona, Head Of Teachers, Spring Intercontinental Academy
Larry S Landis, Retired Commissioner, Indiana Utility Regulatory Commission
Steve Wallace, Chairman, Ouachita Parish Citizens' Broadband Advisory Committee
Karl Cureton, CEO, Council Exchange Board of Trade
David L DePrez, Board Member, Orland (Maine) Broadband Committee
Michelle Thorne, Director of Strategy, Green Web Foundation
Jim McClain, Director of IT, Montezuma County
Matthew Lawrence LeFluer, Ambassador Member, Vermont Legends of Cities and Towns Equity Commission
Bukengere Morris, Team leader, All for Integral Development
David M. Doggette, President & CEO, 2HB Incorporated
Armin Garcia, CTO, Sien, Inc.
Wayne Smith, President, WayneSmith&Associates
Jane Coffin, Independent Internet Infrastructure and Governance Expert
Samantha Schartman, Director of Philanthropic Programs
Hildie J Lipson, Kennebec Broadband Partnership Coordinator
Jared Tapley, Broadband Navigator
John Covell, Labor Relations Specialist (retired)
Cheryl DeBerry, Broadband & Energy Manager
Marlene Bullard, Rural School District Educator
Nathan Grant McCoslin, Assistant Language Teacher
Adina Dunn, Library Director
Greg Gamboa, Regional Sales Director
Laurie Kelley, Student
Cindy Hogan, Community Digital Inclusion Advocate
Andrea Merrihew, Division Manager
Juliet Martinez, Wesley Nurse (RN)
Julie Allen, Chief Learning Officer
Dr. Robert W. Chase, Professor Emeritus
Marquita Fagan, Operations Coordinator
William A. Fontana, Owner/Manager
Jason Archie, Regional Project Manager Telecommunications
Robert Grant, Government Grants Specialist
Joseph Randol, Telecom Finance & Operations Manager
Ian Martinez (Former NTIA, Microsoft)
Derek Slater
Anthony E. Vigue
Mary F Dunn
David Collado
Jawaid Bazyar
Clarence Glenn Gabriel
Debra Saner
Leroy Keith Clark, Jr.
Elaine Abbott
Travis Ralls
Ralph Hiram Trenary III
Holly L Sampson
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