Broadband infrastructure refers to networks of deployed telecommunications equipment and technologies necessary to provide high-speed Internet access and other advanced telecommunications services for private homes, businesses, commercial establishments, schools, and public institutions. In the United States, broadband infrastructure is constructed, operated, and maintained primarily by the private sector, including telephone, cable, satellite, wireless, and other information technology companies. Currently deployed broadband technologies include cable modem, DSL (copper wire), wireless systems (mobile and fixed), fiber, and satellite. Although broadband is deployed by private sector providers, federal and state regulation of the telecommunications industry as well as government financial assistance programs can have a significant impact on private sector decisions to invest in and deploy broadband infrastructure, particularly in underserved and unserved areas of the nation. The American Recovery and Reinvestment Act (ARRA, P.L. 111-5 ) provided $7.2 billion primarily for broadband grant programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the Rural Utilities Service (RUS) of the U.S. Department of Agriculture (USDA). Of the $7.2 billion total, the ARRA provided $4.7 billion to establish a Broadband Technology Opportunities Program (BTOP) at NTIA, and $2.5 billion for broadband grant, loan, and loan/grant combination programs at RUS. The ARRA also directed the Federal Communications Commission (FCC) to develop a national broadband strategy. In comparison with previously existing federal broadband programs in the United States, the broadband grant and loan programs established and funded by P.L. 111-5 are unprecedented in scale and scope. The impetus behind broadband provisions in the ARRA was two-fold: in the short term, to create jobs through the construction and deployment of broadband infrastructure, and in the long term, to address concerns over economic and societal impacts of inadequate broadband availability, access, and adoption, particularly in rural and lower-income areas of the nation. The unprecedented scale and scope of the ARRA broadband programs, coupled with the short time frame for awarding grants, presents daunting challenges with respect to program implementation as well as Congressional oversight. In December 2008, leadership in the House and Senate, as well as the Obama transition team, announced their intention to include a broadband component in the infrastructure portion of the economic stimulus package. At the same time, numerous interested parties, including broadband equipment manufacturers; large, mid-sized, and small wireline and wireless service providers; satellite operators; telecommunications unions; consumer groups; education groups; public safety organizations; think tanks; and others unveiled a multitude of specific proposals for government support of broadband infrastructure. The House and Senate approved the Conference Report on H.R. 1 ( H.Rept. 111-16 ) on February 13, 2009. On February 17, 2009, President Obama signed P.L. 111-5 , the American Recovery and Reinvestment Act (ARRA). Broadband provisions of the ARRA provided a total of $7.2 billion, primarily for broadband grants. The total consists of $4.7 billion to NTIA/DOC for a newly established Broadband Technology Opportunities Program (BTOP) and $2.5 billion to RUS/USDA broadband grant, loan, and loan/grant combination programs. Of the $4.7 billion appropriated to NTIA: $4.35 billion was directed to a competitive broadband grant program, of which not less than $200 million shall be available for competitive grants for expanding public computer center capacity (including at community colleges and public libraries); not less than $250 million to encourage sustainable adoption of broadband service; and $10 million transferred to the DOC Office of Inspector General for audits and oversight; $350 million was directed for funding the Broadband Data Improvement Act ( P.L. 110-385 ) and for the purpose of developing and maintaining a broadband inventory map, which shall be made accessible to the public no later than two years after enactment; and Funds deemed necessary and appropriate by the Secretary of Commerce, in consultation with the FCC, may be transferred to the FCC for the purposes of developing a national broadband plan, which shall be completed one year after enactment. The Broadband Technology Opportunities Program within NTIA is authorized by Division B, Title VI of the ARRA. Specific implementation requirements and guidelines for the new NTIA broadband grants are as follows: Established a "national broadband service development and expansion program" with purposes to include providing access to broadband service to consumers residing in unserved and underserved areas; providing broadband education, awareness, training, access, equipment and support to various institutions; improving access to, and use of, broadband service by public safety agencies; and stimulating demand for broadband, economic growth, and job creation. Directed NTIA to consult with each state to identify unserved and underserved areas (with respect to access to broadband service) as well as the appropriate allocation of grant funds within that state. Directed NTIA, to the extent practical, to award not less than one grant in each state. Did not define "unserved area," "underserved area," and "broadband." The Conferees instructed NTIA to coordinate its understanding of these terms with the FCC, and in defining "broadband service" to take into consideration technical differences between wireless and wireline networks and to consider the actual speeds these networks are able to deliver to consumers under a variety of circumstances. Directed NTIA, in coordination with the FCC, to publish "non-discrimination and network interconnection obligations" that shall be contractual conditions of awarded grants, and specifies that these obligations should adhere, at a minimum, to the FCC's broadband principles to promote the openness and interconnected nature of the Internet (FCC 05-151, adopted August 5, 2005). Directed NTIA, when considering applications for grants, to consider whether the project will provide the greatest broadband speed possible to the greatest population of users in the area. There are no specific speed thresholds that applicants must meet to be eligible for a grant. The Conferees acknowledged that while speed thresholds could have the unintended effect of thwarting broadband deployment in some areas, deploying next-generation speeds would likely result in greater job creation and job preservation. NTIA is instructed to "seek to fund, to the extent practicable, projects that provide the highest possible, next-generation broadband speeds to consumers." Defined entities eligible for grants as: a state or political division thereof; the District of Columbia; a territory or possession of the United States; an Indian tribe or native Hawaiian organization; a nonprofit foundation, corporation, institution or association; or any other entity, including a broadband service or infrastructure provider, that NTIA finds by rule to be in the public interest. Required NTIA to consider whether a grant applicant is a socially and economically disadvantaged small business as defined under the Small Business Act. Directed NTIA to ensure that all awards are made before the end of FY2010. Grantees will be required to substantially complete projects within two years after the grant is awarded. Directed that the federal share of any project cannot exceed 80% unless the applicant petitions NTIA and demonstrates financial need. Directed that grant applicants must demonstrate that the grant project would not have been implemented during the grant period without federal grant assistance. The $2.5 billion appropriated to RUS was designated as additional amounts for RUS grant and loan programs. The ARRA did not specify how the $2.5 billion is to be divided between grants and loans. Regarding projects applying for ARRA funding, the law stated that: at least 75% of the area to be served by a project receiving these funds shall be in a rural area without sufficient access to high-speed broadband service to facilitate economic development, as determined by the Secretary of Agriculture; priority shall be given to projects that will deliver end users a choice of more than one broadband service provider; priority shall be given to projects that provide service to the highest proportion of rural residents that do not have access to broadband service; priority shall be given to borrowers and former borrowers of rural telephone loans; priority shall be given to projects demonstrating that all project elements will be fully funded, that can commence promptly, and that can be completed; and no area of a project may receive funding to provide broadband service under the Broadband Technology Opportunities Program at NTIA/DOC. ARRA broadband programs encompass three distinct programs or activities: (1) grants, loans, and loan/grant combinations to expand broadband services and infrastructure (NTIA and RUS); (2) the State Broadband Data and Development Grant Program (NTIA); and (3) development of a national broadband plan (FCC). "Broadband USA," the official web portal to apply for ARRA broadband funding, is located at http://broadbandusa.sc.egov.usda.gov/ . Agency websites tracking the latest ARRA broadband program developments are located at NTIA, RUS, and the FCC. There were two rounds of broadband funding. The first funding round was announced with the release of a Notice of Funds Availability (NOFA) on July 1, 2009. The second funding round was announced on January 15, 2010, and applications were accepted between February 16 and March 15, 2010. The ARRA mandated that all award funding be obligated by September 30, 2010. On July 1, 2009, NTIA and RUS jointly released the first Notice of Funds Availability (NOFA) detailing requirements, rules, and procedures for applying for ARRA grants, loans, and loan grant combinations. The total amount available in this first funding round was $4 billion, consisting of $2.4 billion (program level) under the RUS Broadband Initiatives Program (BIP), and $1.6 billion (budget authority) under the NTIA Broadband Technology Opportunities Program (BTOP).