The National Telecommunications and Information Administration (NTIA) issues a waiver on “Build America, Buy America” regulations for fiber optics equipment and electronics used throughout the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) Program.

On February 22, the National Telecommunications and Information Administration (NTIA) issued its final waiver on “Build America, Buy America” regulations for fiber optics equipment and electronics used throughout the Broadband Equity, Access, and Deployment (BEAD) Program. The waiver is applicable for BEAD projects over the next five years, from February 22, 2024, through February 22, 2029. AGC has been advocating for flexibility with Buy America requirements as the domestic supply chain rachets up and stressing the importance of an efficient and timely waiver process.

The waiver was issued due to concerns over domestic manufacturer’s capacity and their ability to manufacture them to the scale needed. The waiver applies to projects contractors and subcontractors are undertaking that receive federal financial assistance under the BEAD Program.

The waiver applies to most equipment and electronics used throughout the BEAD deployment. While the waiver excludes four categories of electronics, the waiver exempts the four categories from the requirement that 55% of materials within the electronics must be manufactured in the United States to be considered “produced in the United States.” The four excluded electronics categories are: optical line terminals and remote optical line terminals; OLT line cards; optical pluggables; and standalone optical network terminals and optical network units. Iron and steel materials used in BEAD-funded broadband projects are not included in the waiver.

The NTIA still expects over 90% of funds for the BEAD program will be spent on U.S. manufactured materials. 

If you have any questions, please contact John Chambers at [email protected], or (202) 547-3350.