Demonstrating compliance with the Buy America requirement

By: Will Arbuckle, Senior Policy Advisor, NTIA

Earlier this year, NTIA released a narrow and targeted Build America, Buy America (BABA) waiver for the Broadband Equity, Access, and Deployment (BEAD) Program. The waiver requires certain equipment be produced in the U.S., while waiving the domestic manufacturing requirement for other equipment. The waiver will result in the majority of fiber broadband equipment-including optical fiber, fiber optic cable, key electronics, and enclosures-necessary to bring affordable and reliable high-speed Internet service to everyone in America being made here in the United States.

BABA requirements will affect a range of stakeholders that will be responsible for demonstrating compliance. Today's announcement provides the framework for entities to self-certify and report compliance with the BABA requirements and use of the BABA waiver for the BEAD Program. This release is timely, as subgrantees are preparing to bid on BEAD deployments across the country, and both subgrantees and manufacturers need clear rules of the road on how to report on BABA compliance.

NTIA's framework for BABA self-certification and compliance is broken down into two main components:

1. Self-Certification: Manufacturers, at the risk of federal penalty, can choose to certify that certain equipment they produce meets the domestic manufacturing requirements described in the BEAD BABA waiver. The Department of Commerce (DOC) will host a BEAD BABA Self-Certification page listing manufacturers that have completed the certification process. Instructions for how to add your company's BABA-compliant equipment to the list can be found under the "Approved Waiver" section on the DOC BABA page.
   • Manufacturers are not required to self-certify. The Self-Certification list is a voluntary mechanism to limit fraudulent claims of BABA compliance.
   • In the coming weeks, NTIA will release the first version of the Self-Certification list. This list will be updated on a regular basis.
     
2. Compliance:
   • Manufacturer's BABA certification letter: Manufacturers are required to provide a BABA certification letter to a subgrantee for equipment that requires domestic production in the BEAD BABA waiver. Subgrantees are required to maintain this certification letter in the event of an audit. More information about the manufacturer certification letter can be found at the BBUSA BABA Compliance and Self Certification page.
   • Waiver Reporting: Subgrantees will be required to report certain information on finished waived electronics used in BEAD deployments. This information will be used to better understand the electronics used in domestic broadband deployments, including the specific types of equipment, their ubiquity, and their country of origin.

The BEAD Program is not just a connectivity program, it's a jobs program. Today's release of self-certification and compliance information is part of a larger effort to drive investment in domestic manufacturing, secure our domestic broadband supply chain, and ensure that potential BEAD Program participants are ready to comply with BABA reporting requirements.