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Staff Report_BEAD Agreement with State
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2026-09-15 10:00 AM - Commissioners' Agenda
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Staff Report_BEAD Agreement with State
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9/10/2026 12:05:42 PM
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9/10/2026 12:04:35 PM
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Meeting
Date
9/15/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Authorizing the Chair’s signature on the Federal Capital Contract with the Washington State Broadband Office for Broadband Expansion in the County and to Accept Federal and State funding for the Project
Order
11
Placement
Consent Agenda
Row ID
149050
Type
Resolution
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<br />Page 16 of 44 <br /> <br />a. Meet regularly to identify and facilitate resolution of any delays or disputes related to deploying <br />BEAD-funded facilities. <br />b. Collect complaints (and supporting information) from Subgrantees that are not timely resolved <br />through this process and escalate such complaints through the appropriate Permitting Roundtable <br />or working group. <br />4. Grantee will track, publicly post, and submit to NTIA, as part of its Semi-Annual Report, information <br />on subgrantee compliance with the NEPA milestone schedules and data regarding unresolved <br />complaints from Subgrantees, including: (1) issues escalated through the Permitting Roundtable or <br />working group; (2) delays in broadband-related projects that Subgrantees attribute to a state or local <br />prohibition on using its preferred construction techniques; and (3) delays in broadband related projects <br />that Subgrantees attribute to state and/or local authorities failing to follow FCC rules regarding pole <br />attachment timelines, rates, terms, and conditions for access to municipally owned poles and conduit <br />for broadband projects.1 <br /> <br />21. Scheduling Inspection for Final Acceptance <br />The Grantee will schedule a final inspection for each broadband infrastructure project and other <br />construction activities when all construction has been completed, the architect/engineer has conducted its <br />own final inspection, and any deficiencies have been corrected. Representatives of the Grantee, the <br />architect/engineer, and the Subgrantee and/or contractor(s) will attend the Grantee’s final inspection for <br />each project. NTIA must be given reasonable advance notice of each final inspection so that a <br />representative of NTIA may participate. <br /> <br />22. Domestic Preference for Procurements (Build America, Buy <br />America) <br />The Build America, Buy America Act (BABA) was enacted on November 15, 2021, as part of the <br />Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429, 70901-70927. BABA established <br />domestic content procurement preference requirements for Federal financial assistance projects for <br />infrastructure, including the BEAD Program, consistent with Section 70912(2) of the Infrastructure Act. The <br />Subgrantee shall comply with BABA consistent with applicable legal authorities, such as the Infrastructure <br />Act, Executive Order 14005, 2 CFR Part 184, OMB Memo M-24-02, and the requirements laid out in the <br />final version of the BEAD BABA waiver. All waivers applicable to BEAD, an FAQ, and a BEAD BABA Self <br />Certification list are posted on the Build America, Buy America page maintained by the Department of <br />Commerce Office of Acquisition Management at https://www.commerce.gov/oam/build-america-buy- <br />america. <br /> <br /> <br />1 The parties have interpreted this provision to mean that "Poles with attachment rates and access that are <br />regulated by state law or by a government corporation such as the Tennessee Valley Authority will not be <br />affected by this provision" in accordance with NTIA's FAQ 6.9, version 20, available <br />at https://broadbandusa.ntia.gov/sites/default/files/2026-04/BEAD_FAQs_v20.pdf.
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