Broadband Equity, Access, and Deployment (BEAD): Legal Considerations in Bridging the Digital Divide

Attorneys should attend this program to better understand the legal considerations surrounding the BEAD program and broadband expansion. With $42.45 billion allocated under the 2021 Infrastructure Investment and Jobs Act (IIJA), involved legal professionals must navigate funding distribution, compliance requirements, and regulatory hurdles. This course will touch upon the range of legal issues that intersect with the BEAD program, including compliance with the program itself, contractual law, antitrust issues, intellectual property disputes, technology preference, right-of-way and easement laws, and litigation risks in broadband deployment, primarily due to preemption over local land use regulations, technology preference, and antitrust laws.

Attendees will gain a broad overview of the BEAD program and its relationship to broadband technology and existing telecommunications law. The course will explore the prioritization of fiber over alternative technologies like Fixed Wireless Access (FWA) and satellite and the legal implications of these choices in funding applications. The program will cover key regulatory challenges, such as compliance with NTIA rules, litigation risks related to broadband availability disputes, and right-of-way and easement laws affecting deployment.

Participants will also learn about contract law considerations, including structuring agreements for broadband projects and mitigating risks via public-private partnerships (P3s) while ensuring local jurisdictions are properly represented and not left to the whims of state agencies and service providers. The program will address privacy concerns related to broadband user data, intellectual property risks such as patent disputes, and antitrust considerations in broadband competition. Lastly, attendees will see how the program evolves in real-time due to the new Republican-led White House and Congress, how to watch news articles concerning federal funding and grants programs, and how each development may or may not affect the BEAD program.

Attorneys involved in municipal, county, and state governance, telecommunications law, regulatory compliance, and infrastructure development will derive insights into how BEAD funds are distributed and the potential legal challenges affecting stakeholders. Corporate attorneys in the telecom and tech sectors handling broadband deployment contracts and intellectual property issues will also gain valuable knowledge from this course. However, attorneys who have an interest in the BEAD program and the effects it will have are encouraged to attend.

Learning Objectives:

• Evaluate the Digital Divide and how public programs such as BEAD attempt to close it and bring high-speed internet access to every American
• Analyze the legal framework and regulatory compliance requirements governing BEAD funding and broadband expansion
• Manage the implications of technology choices, including fiber, Fixed Wireless Access (FWA), and satellite, in funding applications and legal disputes
• Identify and mitigate legal risks related to right-of-way access, zoning laws, environmental regulations
• Navigate antitrust concerns, intellectual property disputes, and litigation risks associated with broadband infrastructure and policy implementation