June 28, 2023
Andy Pollock & Sarah Meier, Rembolt Ludtke LLP
Nebraska will receive over $405 million from the federal government under the Broadband, Equity, Access, and Deployment (BEAD) program. This allocation, announced June26, was based on the National Broadband Map as updated by the FCC in late May. The updated map represents a much more accurate account of the state’s unserved locations. As a result of the improved mapping, Nebraska received a much larger allocation of BEAD funds than was originally expected.
The updates to the map were based on provider data submitted to the FCC through the end of 2022 as well as the results of several availability challenges submitted by January 13, 2023. Certain licensed fixed wireless service providers overstated availability of 25/3 Mbps service in thousands of locations in the first version of the map. Once this became apparent, Sarah Meier of Rembolt Ludtke and Oliver Borchers-Williams of the Southeast Nebraska Development District collaborated with the Public Service Commission to raise the gravity of the issue to the FCC and NTIA. With the help of Meier and Borcher-Williams, the Public Service Commission submitted bulk challenges for these locations, which the FCC adjudicated favorably for Nebraska. This corrected availability is reflected in the National Broadband Map released in May.
In the prior version of the map, released last fall, only 20,118 unserved locations were identified in Nebraska, which industry knew was grossly inaccurate. The current version includes 68,405 unserved locations for Nebraska, a 240% increase (change of 48,287 locations). Nebraska is one of the top 10 states leading the nation in gaining the most unserved locations in this iteration of the map.
The map now shows Nebraska as having a total of 791,617 broadband serviceable locations (BSLs). Of those locations, providers made a total of 406,953 corrections to fixed wireless service offerings at BSLs across the state. This correction of unserved locations means Nebraska will have a fighting chance to get all Nebraskans connected to adequate and affordable broadband service by 2027.
While the May 2023 iteration of the National Broadband Map served as the basis for the funding allocations yesterday, the map is iterative and there will be continued opportunities for the submission of location and availability challenges which the FCC will continue to adjudicate for months to come.
This article is provided for general information purposes only and should not be construed as legal advice. Those requiring legal advice are encouraged to consult with their attorney.
