Digital Equity in Practice: Legal Strategies for BEAD Program Success

Course Description

This CLE class explores how to achieve success under the BEAD initiative, the federal broadband funding program established by the 2021 Infrastructure Investment and Jobs Act. As a once-in-a-generation opportunity to bridge the digital divide, BEAD requires careful navigation of funding allocations, compliance obligations, and provider contracting. The focus is on the legal and practical steps needed to turn federal dollars into real broadband infrastructure for underserved communities, with the end result being 0 underserved and unserved homes and businesses in your community. Ultimately, success under BEAD will depend on aligning legal strategy with practical deployment to ensure the greatest and most lasting impact.

Syllabus

1. BEAD Program Overview – Purpose, structure under the IIJA, role of NTIA and state agencies, and the continuing challenge of closing the digital divide
2. Key Legal Issues in Deployment – Technology preferences (fiber vs. alternatives), FCC mapping challenges, zoning/ROW, and environmental considerations
3. Compliance and Enforcement Risks – NTIA funding conditions, audits, fraud/misuse risks, and ethical concerns such as digital redlining and transparency
4. Public-Private Partnerships & Contracts – Structuring P3s, drafting enforceable BEAD agreements, allocating risk, and managing performance obligations
5. Specialized Topics – Municipal broadband limits, tribal broadband sovereignty issues, and intellectual property concerns in broadband infrastructure
6. Future Outlook – Anticipated legal and regulatory shifts, litigation trends, and the importance of staying current with evolving federal policy