BEAD Frequently Asked Questions

1.1.1 What is considered “unserved” and “underserved” under the BEAD program?

The NTIA BEAD Notice of Funding Opportunity (NOFO) provides the following definitions:

An “unserved” location is one “without any broadband service at all or with broadband service offering speeds below 25 megabits per second (Mbps) downstream/3 Mbps upstream.”

An “underserved” location is one “without broadband service offering speeds of 100 Mbps downstream/20 Mbps upstream.”

1.1.2 What is NTIA’s definition of reliable broadband service?

According to the BEAD NOFO (p.36), "in identifying an Unserved Service Project or Underserved Service Project, an Eligible Entity may not treat as ‘unserved’ or ‘underserved’ any location that is already subject to an enforceable federal, state, or local commitment to deploy qualifying broadband as of the date that the challenge process described in Section IV.B.6 of this NOFO is concluded.” These commitments include commitments to deploy qualifying broadband service as a condition of grants from the Eligible Entity (the CPUC), high-cost universal service support provided under Section 254 of the Communications Act of 1934, any grant provided under Section 6001 of the American Recovery and Reinvestment Act of 2009, the Secretary of Agriculture, amounts made available for the Education Stabilization Fund, the American Rescue Plan Act of 2021, the Capital Projects Fund, or other “grant, loan, or loan guarantee provided by, or funded in whole or in part by, the federal government or a State or Territorial government for the provision of broadband service.” For Rural Digital Opportunity Fund commitments, it is considered qualifying broadband service only “(a) after the Federal Communications Commission has announced in a Public Notice that RDOF support for that location is ready-to-authorize or is authorized, and (b) the provider does not rely on satellite technologies to deliver service.”

The BEAD NOFO (p. 15) further defines Reliable Broadband Service to include the following FCC Technology Codes: “Copper Wire (10), Coaxial Cable / Hybrid Fiber-Coaxial Cable (40), Optical Carrier / Fiber-to-the-Premises (50), Licensed Terrestrial Fixed Wireless (71) and Licensed-by-Rule Terrestrial Fixed Wireless (72).”

1.1.3 What is the BEAD Challenge Process?

The BEAD NOFO requires each Eligible Entity to “conduct a challenge process. Under this process, a unit of local government, nonprofit organization, or broadband service provider can challenge a determination made by the Eligible Entity in the Initial Proposal as to whether a particular location or community anchor institution within the jurisdiction of the Eligible Entity is eligible for the grant funds, including whether a particular location is unserved or underserved, and Eligible Entities must submit any successful challenges to NTIA for review and approval." (See p. 9 of the BEAD NOFO.)

The NTIA BEAD Challenge Process Policy Notice further explains that the “goal of the BEAD challenge process is to ensure Eligible Entities identify the full universe of locations that are eligible for BEAD funding." and must include the following four stages:

1. “Publication of Eligible Locations: The Eligible Entity publishes the set of locations eligible for BEAD funding, which consists of the locations resulting from the activities outlined in Sections 5 and 6 (i.e., the full universe of locations potentially eligible for BEAD funding minus those removed in the modifications to location classifications process), as well as locations considered served. The status of these locations can be challenged.
2. “Challenge: A representative of one of the permissible challengers submits a challenge to the Eligible Entity, using an online portal maintained by the Eligible Entity (‘challenge portal’). These challenges must be visible to the service provider whose service availability is being contested. The location enters the ‘challenged’ state. Each Eligible Entity must define a minimum level of evidence that must be presented before a challenge will be recognized as valid and subject to rebuttal.
3. “Rebuttal: For challenges related to location eligibility, only the challenged service provider may rebut the reclassification of a location or area with evidence. If a provider claims gigabit service availability for a CAI or a unit of local government disputes the CAI status of a location, the CAI may rebut. A rebuttal causes the location or locations to enter the ‘disputed’ state. If a challenge that meets the minimum level of evidence is not rebutted within the rebuttal period, the challenge is considered sustained. A provider may also agree with the challenge and thus transition the location to the “sustained” state.
4. “Final Determination: If the challenge for a location is in the ‘disputed’ state, the Eligible Entity makes the final determination of the classification of the location, either declaring the challenge ‘sustained’ or ‘rejected.’” (See pp. 13-14 of the Policy Notice.)

1.1.4 What happens if all locations are not connected through the BEAD process?

The BEAD NOFO allows Eligible Entities to "seek proposals to serve unserved locations, underserved locations, and CAIs collectively or separately, so long as the Eligible Entity awards funding in a manner that prioritizes Unserved Service Projects and once it certifies that it will ensure coverage of all unserved locations within the Eligible Entity, prioritizes Underserved Service Projects.” (See p. 37, BEAD NOFO.) “If, after soliciting proposals, the Eligible Entity has received no proposals to serve a location or group of locations that are unserved, underserved, or a combination unserved and underserved, the Eligible Entity may engage with existing providers and/or other prospective subgrantees to find providers willing to expand their existing or proposed service areas.” (See p. 38 of the BEAD NOFO.)

1.1.5 Are there any match requirements?

The BEAD NOFO states: “Except in certain specific circumstances… (including projects in designated ‘high-cost areas’ and other cases in which NTIA has waived the matching requirement), in the context of subgrants used to fund broadband network infrastructure deployment, each Eligible Entity shall provide, require its subgrantee to provide, or provide in concert with its subgrantee, matching funds of not less than 25 percent of project costs.” (See p. 20 of the BEAD NOFO.)  The NOFO also states that the subgrantee’s proposed match “must, absent a waiver, cover no less than 25 percent of the project cost.” (See p. 43 of the BEAD NOFO.)

1.1.6 What is the difference between the BEAD Challenge Process and the FCC Broadband Availability Challenge Process?

According to NTIA, "the FCC Challenge Process refined the FCC map that NTIA used to determine BEAD allocations, whereas EEs begin with the most recent FCC map before running the BEAD Challenge Process to identify BEAD-eligible CAIs and determine the BEAD eligibility of the BSLs on the FCC map.” (See slide 11, NTIA Tricky Topics Presentation). 

For the FCC Challenge Process, the FCC “continues to update broadband coverage maps on an ongoing basis (Broadband DATA Maps) using data collected from ISPs. The FCC accepts challenges on a continuous basis to both the Broadband Serviceable Location Fabric and the broadband availability data. NTIA used the FCC’s Broadband DATA Maps to determine the BEAD funding allocation for each state and territory. Future FCC challenges, however, will not affect BEAD allocations. Eligible challengers for the FCC Challenge Process include: industries; state, local and Tribal government entities; and consumers.” (slide 11, NTIA Tricky Topics Presentation)

BEAD Challenge Process Eligible Entities “must develop a challenge process for stakeholders to challenge whether a Broadband Serviceable Location (BSL) is served, unserved, or underserved and the location and BEAD-eligibility of CAIs. The BEAD Challenge Process does not affect BEAD allocations. The timelines for the BEAD Challenge Process will be determined by each Eligible Entity but must comply with NTIA requirements. Eligible challengers for the BEAD Challenge Process are units of local and Tribal government; nonprofit organizations; and broadband service providers.” (slide 11, NTIA Tricky Topics Presentation)

The FCC challenge process allows individual citizens and entities to propose adding or removing address locations, in addition to challenging locations’ coverage status and type of location. In contrast, the BEAD challenge process only allows local governments, Tribal governments, nonprofits and broadband service providers to submit challenges and does not allow adding or removing locations in the address fabric.

1.1.7 Is the challenge process used for disputing served locations, unserved locations or underserved locations?

All of the above. The purpose of the Challenge Process is “to determine which locations are served, unserved, or underserved.” (See p. 6 of the Policy Notice.) As part of this process, several challenges are designated to classify “a location as an unserved or underserved location eligible for BEAD funds,” for example Availability, Speed, Latency, Business Service Only, Data Cap, or Technology Challenges. (See p. 15 of the Policy Notice.) Other challenges are for “the identification of previous federal, state, or local enforceable commitments” (Enforceable Commitment Challenges) or “evidence that [a provider is] currently building out broadband to challenged locations” (Planned Service), which could classify a location as served if accepted. (See p. 15 of the Policy Notice.)

1.2.1 Who is an eligible challenger?

The BEAD Challenge Process Policy Notice limits eligible challengers to “units of local and tribal government, nonprofit organizations, and broadband service providers” (See p. 16 of Policy Notice). Nonprofit CAIs are eligible to participate in the Challenge Process. For-profit CAIs must coordinate with a local government, Tribal government or nonprofit.

1.2.3 How can residents, regional consortia or JPAs participate in the Challenge Process?

“Residents can submit challenges through their unit of local government or a nonprofit, preferably via a web portal. This unit of local government or nonprofit will then upload the challenges to the state challenge portal, which in turn notifies the broadband provider of the challenge.” (See p. 16 of BEAD NOFO.)

A regional consortium can participate if it is an eligible challenger.

JPAs are eligible as public agencies.

1.3.1 When does the Challenge process start?

The exact dates of the Challenge Process in California have yet to be determined. Please sign up for email updates on the CPUC BEAD Challenge Process webpage to be notified about timeline and next steps.

1.3.2 When will the CPUC make the “pre-challenge deduplication process” results public?

That date has yet to be determined. It will occur before the beginning of the challenge process when the list of eligible locations is released.

1.3.3 Can the challenge process begin before the CPUC awards Last-Mile Federal Funding Account infrastructure grants currently under review?

Yes, it can. The BEAD program and the FFA program are two separate grant funding opportunities. Some of the enforceable commitments from FFA may be included as part of the Challenge Process.

1.4.1 How will RDOF or other awards impact the Challenge Process and determinations?

Areas that have received federal or state funding under a program such as RDOF to complete service above 100/20 Mbps are not eligible for funding through the BEAD Program and will be removed from the list of BEAD-eligible locations in the deduplication process. The BEAD NOFO states, “An Eligible Entity may not treat as ‘unserved’ or ‘underserved’ any location that is already subject to an enforceable federal, state, or local commitment to deploy qualifying broadband as of the date that the challenge process described in Section IV.B.6 of this NOFO is concluded. […] An enforceable commitment for the deployment of qualifying broadband to a location exists when the commitment to deploy qualifying broadband service to that location was made as a condition of a ‘grant, loan, or loan guarantee provided by, or funded in whole or in part by, the federal government or a State or Territorial government for the provision of broadband service,’ including ‘any high-cost universal service support’ provided under Section 254 of the Communications Act of 1934 (47 U.S.C. § 254), except that in the case of the Rural Digital Opportunity Fund, a location will be considered to have an enforceable commitment for qualifying broadband only (a) after the Federal Communications Commission has announced in a Public Notice that RDOF support for that location is ready-to-authorize or is authorized, and (b) the provider does not rely on satellite technologies to deliver service.” (See pp. 36-37 of BEAD NOFO).

1.4.2 Regarding enforceable commitments, how do we know what is enforceable?Will CAF and RDOF defaults affect the BEAD Challenge Process?

Please see the definition of an enforceable commitment in the BEAD NOFO on page 36. BEAD NOFO.pdf (doc.gov)

2.2.1 What is the webinar and training schedule?

Please visit the CPUC website for an updated list.

2.2.2 Who will do the training for eligible challengers?

The CPUC will coordinate training for challengers along with its partners.

2.2.3 When will each webinar be available for us to go back and review this recording?

The webinars will each be posted on the CPUC website after the original meeting, typically within a week of the webinar at the CPUC BEAD Events page.

2.3.1 Do we have access to the CPUC and its staff during the 30 days of the Challenge Process?

There will be a helpdesk email account available for questions regarding the Challenge Process Portal (cahelpdesk@ready.net), and the CPUC’s email address is available for general questions regarding the BEAD Program and the Challenge Process (BEAD@cpuc.ca.gov). Office hours will be available leading up to the Challenge Process to ask questions and receive answers in real time. The CPUC plans on holding webinars with focuses on different topics and stakeholders. Please visit the CPUC webpage for Office Hours dates and times and the webinar schedule. The CPUC will announce what other support will be available during the Challenge and Rebuttal Phases.

2.4.1 What happens if NTIA wants to see changes in the approved list of eligible locations? Will the CPUC come back to the public and allow for public comment?

There will not be another public comment period after the Challenge Phase and the Rebuttal Phase. The CPUC will consider all challenges and rebuttals and will issue the final list of eligible locations, which is subject to approval by the NTIA.

3.1.4 Which types of challenges won’t be helpful for the BEAD Program even if they are allowed?

The CPUC encourages participants to submit challenges that will have impact on determining which locations will be eligible for BEAD funding.

Certain challenges are allowed but will not have impact due to BEAD Program rules. According to the Policy Notice, the CPUC cannot “treat as ‘unserved’ or ‘underserved’ any location that is already subject to an enforceable federal, state, or local commitment to deploy qualifying broadband as of the date that the challenge process is concluded.” (p. 10, Policy Notice). As a result, submitting a challenge for a location to be treated as unserved or underserved if it is already subject to an enforceable commitment will not result in a reclassification or a change to its eligibility for the BEAD Program.

The CPUC will not adjudicate challenges with no impact on BEAD eligibility.

3.1.5 How do I challenge a location where there is existing broadband service but it is not reflected on the map, or where my company plans to build broadband?

The ‘Planned Service’ challenge category includes: “challenges where a broadband provider offers convincing evidence that they are currently building out broadband to challenged locations without government subsidy or are building out broadband offering performance beyond the program requirements” and “the challenger has knowledge that broadband will be deployed at this location by June 30, 2024, without an enforceable commitment or a provider is building out broadband offering performance beyond the requirements of an enforceable commitment” (pp. 15, 18-19; Policy Notice).  Enforceable Commitment challenges include: “challenges to the identification of previous federal, state, or local enforceable commitments to minimize duplication of funding” and “the challenger has knowledge that broadband will be deployed at this location by the date established in the deployment obligation” (pp. 15, 18; Policy Notice).

3.1.6 Is California accepting existing service challenges?

The ‘Planned Service’ category includes: “challenges where a broadband provider offers convincing evidence that they are currently building out broadband to challenged locations without government subsidy or are building out broadband offering performance beyond the program requirements” and “the challenger has knowledge that broadband will be deployed at this location by June 30, 2024, without an enforceable commitment or a provider is building out broadband offering performance beyond the requirements of an enforceable commitment” (pp. 15, 18-19; Policy Notice).  Enforceable Commitment challenges include: “challenges to the identification of previous federal, state, or local enforceable commitments to minimize duplication of funding” and “the challenger has knowledge that broadband will be deployed at this location by the date established in the deployment obligation” (pp. 15, 18; Policy Notice).

3.2.2 What time is best to issue a challenge during the Challenge Phase?

It is best to issue a challenge as early as possible. You may be allowed to correct or resubmit a challenge with new or corrected information if it is submitted early. If you submit it closer to the end of the Challenge Phase, it is less likely that a resubmission will be possible. Once the Challenge Phase is over, there are no opportunities for resubmission.

3.3.1 How can a challenge be submitted?

Eligible challengers are required to use the CPUC BEAD Challenge Process Portal. Preregistration for the portal starts on May 8 and may be completed in advance of the challenge window. Visit the CPUC BEAD Challenge Process webpage and the ‘Portal Questions’ section of this FAQ for more information.

3.3.2 What evidence will be accepted as part of a challenge?

The full list of evidentiary requirements is published in the NTIA BEAD Challenge Process Policy Notice. The evidence must adhere to requirements and contain all relevant information for that specific challenge type in order for a challenge to be accepted.

3.3.3 Is there a limit on how many challenges I can submit?

Answer pending.

3.3.4 Can I withdraw a challenge?

Yes. You can withdraw a challenge in the portal on a submitted challenge’s page, or if the challenge has already been submitted and reviewed, you can send an email to cahelpdesk@ready.net. A challenger may wish to withdraw its challenge if it was submitted unintentionally or if the challenger discovers new information that invalidates the challenge.

4.2 It says you need to do the speed test as soon as the CPUC approves the challenge process to allow for “60 days before the challenge process begins.” Does the CPUC plan to tell the public when it should start doing the speed tests? 

According to NTIA’s Speed Test Requirements, “Speed tests must not be older than 60 days from the start of the challenge period,” but they can be conducted at any point after that, including during the Challenge Process. Please refer to the Understanding the Speed Test Requirements in the Model Challenge Process notice by the NTIA.

Dates for the Challenge Process will be announced via the CPUC email list as soon as they are available. Sign up for email updates on the CPUC BEAD Challenge Process webpage.

4.5 In a speed challenge, do both the download and the upload speed need to be under 100/20 Mbps in order for the challenge to be accepted?

No. According to the Model Challenge Process, “The median of the three tests (i.e., the second highest (or lowest) speed) is used to trigger a speed-based (S) challenge, for either upload or download.” If the median download speed or the median upload speed (out of three speed tests taken on three different days) does not meet the level to be considered “served,” the speed challenge meets the evidentiary standard. The Model Challenge Process provides the following example: “If a location claims a broadband speed of 100 Mbps/25 Mbps and the three speed tests result in download speed measurements of 105, 102 and 98 Mbps, and three upload speed measurements of 18, 26 and 17 Mbps, the speed tests qualify the location for a challenge, since the measured upload speed marks the location as underserved” (p. 19).

5.1 Who can rebut planned service challenges?

According to BEAD Program Model Challenge Process, “all types of challengers may rebut planned service (P) and enforceable commitment (E) challenges” (p. 12). The CPUC will make all those type P or type E challenges available to rebut in the Rebuttal Phase.

5.2 If a company submits a challenge regarding its own service area, who submits the rebuttal?

According to the Policy Notice, “For challenges related to location eligibility, only the challenged service provider may rebut the reclassification of a location or area with evidence. If a provider claims gigabit service availability for a CAI or a unit of local government disputes the CAI status of a location, the CAI may rebut” (p. 13).

According to BEAD Program Model Challenge Process, “all types of challengers may rebut planned service (P) and enforceable commitment (E) challenges” (p. 12). The CPUC will verify that evidence provided by challengers is legitimate and substantiates the claimed challenge and make the final determination on the challenge.

5.3 Will the rebuttal period be rolling, or will it just be after the challenge period?

The rebuttal period will not be rolling. Providers will have 30 days to rebut challenges after the end of the Challenge Phase.

5.4 What does classified as “sustained” mean?

According to the Policy Notice, “If a challenge that meets the minimum level of evidence is not rebutted within the rebuttal period, the challenge is considered sustained. A provider may also agree with the challenge and thus transition the location to the “sustained” state” (p. 13, Policy Notice). The “sustained” state therefore means that in the Rebuttal Phase a provider has either 1) not rebutted a challenge or 2) conceded that challenge. If a challenge is sustained, it means it is proposed to be accepted, pending the CPUC’s final determination and NTIA’s review and approval.

6.2.2 How can I add a location to the map that is missing?

According to the BEAD Policy Notice, “NTIA will not permit new BSLs to be added to or removed from the Fabric” (p. 15, Policy Notice). For more information on adding locations outside of the BEAD Challenge Process, see Fabric Challenge Process – BDC Help Center (fcc.gov). 

6.3.1 As a challenger, do I need to get a new CostQuest license if I already have one from the FCC Broadband Data Collection?

Yes. FCC CostQuest licenses do not cover necessary uses for the BEAD Program. You will need an NTIA license (Tier D or Tier E) to participate in the BEAD Challenge Process. Visit the NTIA CostQuest Licensing page (CostQuest Licensing | BroadbandUSA (doc.gov)) to learn more.

6.3.2 Can a local government use the state’s CostQuest license or do they need to request their own?

Every entity needs to request its own license, including local governments.

6.3.4 How do I link your data to the Tier E license data?

Please see FCC, NTIA, and CostQuest help and FAQ pages for in-depth instructions on using Tier D and Tier E license data. The following links may provide assistance: https://help.bdc.fcc.gov/hc/en-us/articles/10419121200923-How-Entities-Can-Access-the-Location-Fabric; https://broadbandusa.ntia.gov/policies/CostQuest-Licensing; https://www.costquest.com/broadband-serviceable-location-fabric/fabric-faq/; https://help.bdc.fcc.gov/hc/en-us/articles/7412732399003-Fabric-FAQs

6.3.6 What is the difference between Tier D and E?

According to CostQuest, “the NTIA Tier D License is intended for qualified or presumptively qualified, prospective direct recipients or indirect subrecipients, and awarded direct recipients or indirect subrecipients to participate in Federal Broadband Granting Agency's (FBGA) broadband grant programs through either a challenge process, by applying for an award of available funds, or by reporting on an awarded grant/loan (including reporting related to the Broadband Funding Map authorized by IIJA § 60105).” (https://apps.costquest.com/NTIArequest/)

“The NTIA Tier E License supports participation in a challenge process organized under a Federal Broadband Granting Agency's (FBGA) broadband grant program(s). The Tier E license is intended for units of local government, non-profits, and other organizations that have signed an FCC Tier 4 license.” (https://apps.costquest.com/ntiatiererequest/)

Note that there is no cost associated with these licenses. (https://broadbandusa.ntia.gov/policies/CostQuest-Licensing)

6.3.7 Can individuals obtain a Tier E License?

Tier E licenses are for “entities that seek to participate in Federal Broadband Granting Agency challenge processes (e.g., the BEAD Program challenge processes).” As individuals cannot participate directly in the NTIA Challenge Process, an individual cannot obtain a Tier E license for the purpose of participating in the Challenge Process.

Please see CostQuest and NTIA information pages about CostQuest licenses: CostQuest Licensing | BroadbandUSA (doc.gov); National Broadband Serviceable Location Fabric FAQ (costquest.com)