Broadband Equity, Access, and Deployment
BEAD Benefit of the Bargain Round
Q: What is the NM Benefit of the Bargain round?
The Benefit of the Bargain round is an additional funding round in the New Mexico BEAD program that was mandated by the BEAD Restructuring Policy Notice released by the National Telecommunications and Information Administration (NTIA) on June 6, 2025. In the Benefit of the Bargain round, OBAE is required to make all locations and project areas available for applications and must allow all technology types to compete on equal footing. Additionally, OBAE must reevaluate all previously submitted BEAD applications according to the new requirements. (July 3, 2025)
Q: Who is eligible to participate in the Benefit of the Bargain round?
Only prequalified entities are eligible to participate in the Benefit of the Bargain round. Previously prequalified applicants in the New Mexico BEAD program remain eligible, and OBAE accepted additional prequalification applications from June 17-30. (July 3, 2025)
Q: When calculating my project's total cost per BSL, should I calculate this for my total project, or on a per PAU basis? Should I include CAI locations in the denominator, or just BSLs?
Calculate your project's total cost per BSL (application section 2D) on a total project basis, dividing your total grant request by the total number of BSLs in your application. Include only BSL locations in the denominator, not CAIs. (July 7, 2025)
Q: The BEAD-eligible CAI list does not include x,y coordinates. How should I locate CAI locations that do not have a BSL ID?
OBAE has published an updated BEAD-Eligible CAI list on the BEAD Applications page that includes x,y coordinates. (July 9, 2025)
Q: What are acceptable reasons for a location to be ineligible for BEAD funding, i.e. to be included on the No-BEAD locations list? What types of evidence are acceptable?
OBAE will accept evidence for the following Reason Codes to show a location should be ineligible for BEAD funding:
Q: How can I access my previous BEAD application to make edits and resubmit for the Benefit of the Bargain round?
All previous BEAD applications have been unlocked for editing. To access your application to make edits and resubmit, please follow these instructions:
Q: The BEAD application delineates between Licensed (LFW) and Unlicensed Fixed Wireless (ULFW). Often an ISP will use a blend of both licensed and unlicensed. Should the ISP complete both technical specification templates in that case?
Yes, an applicant proposing a hybrid of LFW and ULFW should complete both technical specifications templates. When you select more than one technology in section 2B, Submittable should prompt you to provide the corresponding technical specifications templates in section 7C. (July 8, 2025)
Q: How will the secondary scoring criterion "Speed to Deployment" be calculated when projects are substantially quicker to deploy? For example, Applicant A can deploy in 32 months, Applicant B can deploy in 24 months and Applicant C can deploy in 11 months. Would all three applicants receive the same 10 points, or will points be allocated based on a formula, with more points going to faster deployments?
In that scenario, all three applicants would receive the same number of points. For Speed to Deployment, 10 points will be awarded if the project will be complete within 36 months of award, and zero points will be awarded if the project will be complete after 36 months from award. (July 10, 2025)
Q: There are locations that appear on both the CAI list and the BSL list. Is it correct to say that we should treat those first as a BSL, then as an optional CAI?
Yes. An application targeting a BSL that is also a CAI must at a minimum commit to deploying 100/20 Mbps service at that location. If additional funding would be necessary to deploy Gigabit symmetrical service to that CAI location, the applicant has a choice about whether to list that location in section 3.E as a CAI and could request additional funding to achieve Gigabit service. Additional funding to connect the location as a CAI is dependent on the availability of funds after all of the unserved and underserved locations are connected. (July 10, 2025)
Q: With underserved locations now available for funding, there are significantly more eligible locations in my project area than when I applied in Round 1. Can I add those locations into my Round 1 application that covered this area, or do I have to start a new application since these are new locations?
You can take either approach to apply for the additional locations. If you do choose to add these locations into your Round 1 application, you must also update the associated financial fields, budget templates, and other sections of the application impacted by the increase in locations. (July 10, 2025)
The Benefit of the Bargain round is an additional funding round in the New Mexico BEAD program that was mandated by the BEAD Restructuring Policy Notice released by the National Telecommunications and Information Administration (NTIA) on June 6, 2025. In the Benefit of the Bargain round, OBAE is required to make all locations and project areas available for applications and must allow all technology types to compete on equal footing. Additionally, OBAE must reevaluate all previously submitted BEAD applications according to the new requirements. (July 3, 2025)
Q: Who is eligible to participate in the Benefit of the Bargain round?
Only prequalified entities are eligible to participate in the Benefit of the Bargain round. Previously prequalified applicants in the New Mexico BEAD program remain eligible, and OBAE accepted additional prequalification applications from June 17-30. (July 3, 2025)
Q: When calculating my project's total cost per BSL, should I calculate this for my total project, or on a per PAU basis? Should I include CAI locations in the denominator, or just BSLs?
Calculate your project's total cost per BSL (application section 2D) on a total project basis, dividing your total grant request by the total number of BSLs in your application. Include only BSL locations in the denominator, not CAIs. (July 7, 2025)
Q: The BEAD-eligible CAI list does not include x,y coordinates. How should I locate CAI locations that do not have a BSL ID?
OBAE has published an updated BEAD-Eligible CAI list on the BEAD Applications page that includes x,y coordinates. (July 9, 2025)
Q: What are acceptable reasons for a location to be ineligible for BEAD funding, i.e. to be included on the No-BEAD locations list? What types of evidence are acceptable?
OBAE will accept evidence for the following Reason Codes to show a location should be ineligible for BEAD funding:
- Reason Code 1: Location should not have broadband service
- Reason Code 2: Location does not need mass-market broadband service
- Reason Code 4: Location is already served by an enforceable commitment
- Reason Code 5: Location is already served by nonsubsidized service (privately funded network)
Q: How can I access my previous BEAD application to make edits and resubmit for the Benefit of the Bargain round?
All previous BEAD applications have been unlocked for editing. To access your application to make edits and resubmit, please follow these instructions:
- In your Submittable account, open the submission that is now marked Editable by clicking the title.
- From the submission details, go to the Forms tab.
- Then click on the purple Edit button to open the submission.
- Make your changes, and be sure to resubmit the form at the end when you're done.
Q: The BEAD application delineates between Licensed (LFW) and Unlicensed Fixed Wireless (ULFW). Often an ISP will use a blend of both licensed and unlicensed. Should the ISP complete both technical specification templates in that case?
Yes, an applicant proposing a hybrid of LFW and ULFW should complete both technical specifications templates. When you select more than one technology in section 2B, Submittable should prompt you to provide the corresponding technical specifications templates in section 7C. (July 8, 2025)
Q: How will the secondary scoring criterion "Speed to Deployment" be calculated when projects are substantially quicker to deploy? For example, Applicant A can deploy in 32 months, Applicant B can deploy in 24 months and Applicant C can deploy in 11 months. Would all three applicants receive the same 10 points, or will points be allocated based on a formula, with more points going to faster deployments?
In that scenario, all three applicants would receive the same number of points. For Speed to Deployment, 10 points will be awarded if the project will be complete within 36 months of award, and zero points will be awarded if the project will be complete after 36 months from award. (July 10, 2025)
Q: There are locations that appear on both the CAI list and the BSL list. Is it correct to say that we should treat those first as a BSL, then as an optional CAI?
Yes. An application targeting a BSL that is also a CAI must at a minimum commit to deploying 100/20 Mbps service at that location. If additional funding would be necessary to deploy Gigabit symmetrical service to that CAI location, the applicant has a choice about whether to list that location in section 3.E as a CAI and could request additional funding to achieve Gigabit service. Additional funding to connect the location as a CAI is dependent on the availability of funds after all of the unserved and underserved locations are connected. (July 10, 2025)
Q: With underserved locations now available for funding, there are significantly more eligible locations in my project area than when I applied in Round 1. Can I add those locations into my Round 1 application that covered this area, or do I have to start a new application since these are new locations?
You can take either approach to apply for the additional locations. If you do choose to add these locations into your Round 1 application, you must also update the associated financial fields, budget templates, and other sections of the application impacted by the increase in locations. (July 10, 2025)
BEAD Planning and Policy
Q: Where can I view OBAE planning and policy documents for BEAD?
A: BEAD planning and policy documents can be viewed on this page.
A: BEAD planning and policy documents can be viewed on this page.
BEAD Challenge Process
Q: When was the NM BEAD Challenge Process?
A: The NM Bead Challenge Process occurred between April 18 and August 3, 2024. OBAE submitted the results of the Challenge Process to NTIA on August 29, 2024. The results were approved by NTIA on December 12, 2024.
Q: What was the NM BEAD Challenge Process?
A: As required by statute, the initial determinations for funding eligibility under the Broadband Equity Access and Deployment (BEAD) program were based on the Federal Communication Commission’s (FCC) National Broadband Map. The BEAD State Challenge Process was designed to provide stakeholders in New Mexico with an opportunity to challenge the eligibility of locations. Based on the process approved by the National Telecommunications and Information Administration (NTIA) in the Initial Proposal Volume I, challengers could dispute the data from the National Broadband Map using local data. Challenged entities could rebut, and OBAE adjudicated between challenges and rebuttals.
Q: How can I view the results of the NM BEAD Challenge Process?
A: Results of the Challenge Process can be viewed on the Grants for NM Broadband Map on the OBAE Mapping & Data Hub. Additionally, the Post-Challenge BSL data can be downloaded from this page.
Q: Will OBAE true-up the list of eligible BSLs for BEAD to version 5 of the BDC fabric?
A: No, the BEAD eligible BSLs will remain based on version 4.
A: The NM Bead Challenge Process occurred between April 18 and August 3, 2024. OBAE submitted the results of the Challenge Process to NTIA on August 29, 2024. The results were approved by NTIA on December 12, 2024.
Q: What was the NM BEAD Challenge Process?
A: As required by statute, the initial determinations for funding eligibility under the Broadband Equity Access and Deployment (BEAD) program were based on the Federal Communication Commission’s (FCC) National Broadband Map. The BEAD State Challenge Process was designed to provide stakeholders in New Mexico with an opportunity to challenge the eligibility of locations. Based on the process approved by the National Telecommunications and Information Administration (NTIA) in the Initial Proposal Volume I, challengers could dispute the data from the National Broadband Map using local data. Challenged entities could rebut, and OBAE adjudicated between challenges and rebuttals.
Q: How can I view the results of the NM BEAD Challenge Process?
A: Results of the Challenge Process can be viewed on the Grants for NM Broadband Map on the OBAE Mapping & Data Hub. Additionally, the Post-Challenge BSL data can be downloaded from this page.
Q: Will OBAE true-up the list of eligible BSLs for BEAD to version 5 of the BDC fabric?
A: No, the BEAD eligible BSLs will remain based on version 4.
BEAD Project Area Units
Q: What are Project Area Units?
A: Project Area Units (PAUs) are geographic boundaries across the state for which stakeholders will bid for BEAD funding for broadband projects. PAUs are defined as a collection of locations eligible to be funded by the BEAD Program. Applicants will apply to serve a single PAU or a combination of PAUs. PAUs were designed on a custom basis, through a data driven and analytically rigorous process that included stakeholder input in the form of a request for comment.
Q: How were the PAUs defined?
A: OBAE employed a highly customized approach to defining PAUs that relied on a mix of existing administrative and geographic boundaries as well as network infrastructure data. Specifically, PAUs were defined using school districts, census tracts, census block groups, and other infrastructure/geographic boundaries (roads, rivers, mountain ranges, wire center boundaries, etc.). Additionally, Tribal lands and high-cost areas defined by NTIA were assigned their own PAUs.
Q: Where can I view/download the PAU boundaries?
A: The PAUs can be viewed on the Grants for NM Broadband Map on the OBAE Mapping & Data Hub. The PAU boundaries can be downloaded from the Get Data page on the OBAE Mapping & Data Hub.
A: Project Area Units (PAUs) are geographic boundaries across the state for which stakeholders will bid for BEAD funding for broadband projects. PAUs are defined as a collection of locations eligible to be funded by the BEAD Program. Applicants will apply to serve a single PAU or a combination of PAUs. PAUs were designed on a custom basis, through a data driven and analytically rigorous process that included stakeholder input in the form of a request for comment.
Q: How were the PAUs defined?
A: OBAE employed a highly customized approach to defining PAUs that relied on a mix of existing administrative and geographic boundaries as well as network infrastructure data. Specifically, PAUs were defined using school districts, census tracts, census block groups, and other infrastructure/geographic boundaries (roads, rivers, mountain ranges, wire center boundaries, etc.). Additionally, Tribal lands and high-cost areas defined by NTIA were assigned their own PAUs.
Q: Where can I view/download the PAU boundaries?
A: The PAUs can be viewed on the Grants for NM Broadband Map on the OBAE Mapping & Data Hub. The PAU boundaries can be downloaded from the Get Data page on the OBAE Mapping & Data Hub.
BEAD Prequalification
Q: What is the BEAD Prequalification Phase?
A: Prequalification is the first of the three-step process OBAE will use to select subgrantees for the BEAD Program. Prequalification enables prospective applicants to establish their qualifications and OBAE to prequalify them in advance of the Scoring Phase. The Prequalification Phase is designed to serve several crucial purposes. First, it helps mitigate the challenges of the compressed timeline for BEAD. It will enable OBAE to maximize the limited time available for the Scoring Phase, extending the available time to this earlier phase so as to allow both prospective applicants and OBAE’s reviewers sufficient time to address qualifications. Second, the process will help to manage OBAE’s own resources efficiently. By filtering out potential applicants who do not meet the minimum criteria, a prequalification process can ensure that reviewers can focus their time and attention on evaluating proposals from organizations that meet NTIA’s and the State of New Mexico’s requirements and are most likely to achieve the objectives of the BEAD program. Third, a prequalification process will enable adequate curing opportunity by providing additional time for follow-up data requests by OBAE, as necessary, and provision of additional information by prospective applicants.
Q: Can two entities who have already prequalified form a partnership/consortium?
A: If both entities prequalified separately and were approved, then they may apply as a consortium under either entity's name. If one entity did not prequalify, then the two entities may still apply as a consortium, but the prequalified entity must be the lead applicant and OBAE would need to collect some of the prequalification materials (i.e. ownership disclosures) from the non-prequalified entity during curing.
A: Prequalification is the first of the three-step process OBAE will use to select subgrantees for the BEAD Program. Prequalification enables prospective applicants to establish their qualifications and OBAE to prequalify them in advance of the Scoring Phase. The Prequalification Phase is designed to serve several crucial purposes. First, it helps mitigate the challenges of the compressed timeline for BEAD. It will enable OBAE to maximize the limited time available for the Scoring Phase, extending the available time to this earlier phase so as to allow both prospective applicants and OBAE’s reviewers sufficient time to address qualifications. Second, the process will help to manage OBAE’s own resources efficiently. By filtering out potential applicants who do not meet the minimum criteria, a prequalification process can ensure that reviewers can focus their time and attention on evaluating proposals from organizations that meet NTIA’s and the State of New Mexico’s requirements and are most likely to achieve the objectives of the BEAD program. Third, a prequalification process will enable adequate curing opportunity by providing additional time for follow-up data requests by OBAE, as necessary, and provision of additional information by prospective applicants.
Q: Can two entities who have already prequalified form a partnership/consortium?
A: If both entities prequalified separately and were approved, then they may apply as a consortium under either entity's name. If one entity did not prequalify, then the two entities may still apply as a consortium, but the prequalified entity must be the lead applicant and OBAE would need to collect some of the prequalification materials (i.e. ownership disclosures) from the non-prequalified entity during curing.
BEAD Subgrantee Selection
Q: When will OBAE begin accepting BEAD applications?
A: OBAE plans to begin accepting applications for BEAD on January 3, 2025.
Q: What is the subgrantee selection process for BEAD?
A: In addition to the Prequalification Phase, subgrantee selection consists of a Scoring Phase and a Negotiation Phase. During the Scoring Phase, OBAE will accept, review, and score grant applications for specific projects. During the Negotiation Phase, OBAE will engage with applicants in negotiations designed to reach final agreement on two topics for PAUs with bids: project area boundaries (number and location of BSLs related to the Alternative Percentage) and costs.
Q: How should we address non-serviceable BSLs in our application?
A: NTIA will allow states to mark BSLs as “non-serviceable” in the Final Proposal. Our suggestion would be to include any such non-serviceable BSLs in your application and request zero dollars in funding for these locations. Retain documentation that the BSL is non-serviceable for later use in OBAE’s Final Proposal, should your application be selected.
Q: Does OBAE have a list of approved financial institutions from whom applicants can obtain a letter of credit or performance bond?
A: No, OBAE does not have a list of approved institutions. Refer to the NTIA BEAD NOFO and Letter of Credit Waiver for the eligibility requirements for these institutions.
Q: When do applicants need to have a letter of credit or performance bond in place? Do applicants need to have a letter of credit or performance bond in place with the application?
A: Applicants must submit a letter of commitment for a letter of credit or performance bond at the time of the application. The letter at a minimum must include the dollar amount of the letter of credit or performance bond. The letter of credit or performance bond must be in place prior to the finalization of any subgrantee agreement.
Q: If an applicant indicated in the prequalification process that they are not interested in the alternative letter of credit waiver, can the applicant later decide to explore the alternative letter of credit options?
A: Yes, the letter of credit question in the prequalification application was informational. Applicants formally indicate their choice for the letter of credit requirement in the main BEAD application.
Q: Is there a maximum award amount for the NM BEAD Program?
A: No.
Q: If a project utilizes a hybrid of fiber and fixed wireless technologies, can it be submitted in round one?
A: If the non-fiber portion of a hybrid proposal utilizes a "reliable broadband" technology such as licensed fixed wireless, then the application can be submitted in round one. Applications containing an "alternative technology" such as unlicensed fixed wireless or LEO satellite can only be submitted in round two.
Q: NTIA has published a Programmatic Waiver regarding the Professional Engineer Certification Requirement, stating that the professional engineer making certifications in connection with the PE Certification Requirement may be licensed in any of the 56 Eligible Entities. Is OBAE adopting this policy?
A: No, OBAE is not adopting NTIA’s policy that professional engineers may be licensed in any of the 56 eligible entities. Permitting a professional engineer to work as an engineer in New Mexico without being licensed to work as an engineer in New Mexico would violate New Mexico law. The New Mexico Engineering and Practice Act provides in relevant part that, “It is unlawful for . . . any person to engage in the construction of any public work involving engineering unless the engineering is under the responsible charge of a licensed professional engineer.” NMSA 1978, § 61-23-26. OBAE notified applicants of this requirement in its approved Initial Proposal Volume II, which states that, “OBAE will require that the certifying engineer holds all required professional licenses from the State of New Mexico.”
If a professional engineer is licensed to practice in a different jurisdiction, the professional engineer may apply to be licensed as a professional engineer in New Mexico by comity. The requirements for applying for a license by comity can be found at NMSA 1978, §§ 61-23-14.1. For questions or additional information regarding licensure of professional engineers in New Mexico, please contact the New Mexico Board of Licensure of Professional Engineers & Professional Surveyors.
Q: Section 3 of the BEAD application asks for a breakdown of BSLs by low-income status. Our CostQuest data doesn't show poverty levels. Is there a recommended way for applicants to find that information?
A: Including this question in the application was an oversight on OBAE's part. OBAE will calculate the number of BSLs, and percentages, within each application that fall below 200 percent of the federal poverty line using Small Area Income and Poverty Estimates Program (SAIPE) data. No applicant input is required for this criterion. The application PDF and submission portal have been updated accordingly as of 2/24/2025.
Q: Section 13(G) of the BEAD application references potential supplementary funding from the State. What are the criteria for qualifying for this supplementary funding?
A: This question references potential supplementary funding, should it be approved by the New Mexico Legislature, and by checking “Yes,” the applicant indicates they would like their BEAD application to be used as an application for such funding, should it become available. OBAE will develop the criteria for qualifying for this funding at a later date, should such funding be approved by the New Mexico Legislature, in accordance with any applicable laws or regulations.
Q: Will the extension of the BEAD application deadline to March 24, 2025, change OBAE’s deadline to submit the Final Proposal?
A: For the present, OBAE’s deadline to submit the Final Proposal remains unchanged.
Q: Is a Tier C CostQuest license acceptable for use of OBAE's BEAD Mapping Tool?
A: Either Tier C or Tier D licenses are acceptable to use in OBAE's mapping tool
Q: Is purchasing a CostQuest license mandatory for BEAD applicants?
A: CostQuest offers licenses for Federal Broadband Granting Programs at no cost. Obtaining a free CostQuest license is required for BEAD applicants. Applicants will need a CostQuest license in order to access the BSL data needed to complete the application, as well as to satisfy reporting requirements if awarded. You can read more about CostQuest licensing for BEAD here, and you can request a CostQuest license here.
Q: If a BEAD application is denied, will the applicant be notified the reasons why they were not selected?
A: Yes, a full explanation will be provided.
Q: For the purposes of satisfying the requirement to provide a letter from a surety company committing to providing a performance bond, will a letter modeled after the "Bondability Letter" in the BEAD Program Surety Bond Information Kit published by the National Association of Surety Bond Producers (NASBP) and The Surety & Fidelity Association of America (SFAA) be sufficient?
A: A letter modeled on this structure—so long as it provides equivalent assurances and meets the intent of the requirement—can serve as a valid demonstration of your qualifications. The purpose of the bondability letter is to demonstrate financial and operational credibility, ensuring that an entity has the capacity to fulfill its obligations under the program.
It is understood that surety companies require specific criteria to issue performance bonds and that no formal applications for such bonds have been submitted yet. Given this, a letter affirming that an organization meets the necessary criteria for bondability, even if a bond has not been issued, can still serve the intended purpose of demonstrating financial and operational capacity.
Q: My organization received a letter of support after submitting our BEAD application. May we add the letter of support to our application?
A: OBAE can accept additional letters of support from BEAD applicants until 5pm on April 4, 2025, via email at [email protected]. After that time, additional materials can only be added to BEAD applications during the curing and negotiation processes in response to an OBAE request.
Q: My organization forgot to add something to our BEAD application. May we add that item to our application?
A: OBAE can accept additional materials until 5pm on April 4, 2025, via email at [email protected]. After that time, additional materials can only be added to BEAD applications during the curing and negotiation processes in response to an OBAE request.
A: OBAE plans to begin accepting applications for BEAD on January 3, 2025.
Q: What is the subgrantee selection process for BEAD?
A: In addition to the Prequalification Phase, subgrantee selection consists of a Scoring Phase and a Negotiation Phase. During the Scoring Phase, OBAE will accept, review, and score grant applications for specific projects. During the Negotiation Phase, OBAE will engage with applicants in negotiations designed to reach final agreement on two topics for PAUs with bids: project area boundaries (number and location of BSLs related to the Alternative Percentage) and costs.
Q: How should we address non-serviceable BSLs in our application?
A: NTIA will allow states to mark BSLs as “non-serviceable” in the Final Proposal. Our suggestion would be to include any such non-serviceable BSLs in your application and request zero dollars in funding for these locations. Retain documentation that the BSL is non-serviceable for later use in OBAE’s Final Proposal, should your application be selected.
Q: Does OBAE have a list of approved financial institutions from whom applicants can obtain a letter of credit or performance bond?
A: No, OBAE does not have a list of approved institutions. Refer to the NTIA BEAD NOFO and Letter of Credit Waiver for the eligibility requirements for these institutions.
Q: When do applicants need to have a letter of credit or performance bond in place? Do applicants need to have a letter of credit or performance bond in place with the application?
A: Applicants must submit a letter of commitment for a letter of credit or performance bond at the time of the application. The letter at a minimum must include the dollar amount of the letter of credit or performance bond. The letter of credit or performance bond must be in place prior to the finalization of any subgrantee agreement.
Q: If an applicant indicated in the prequalification process that they are not interested in the alternative letter of credit waiver, can the applicant later decide to explore the alternative letter of credit options?
A: Yes, the letter of credit question in the prequalification application was informational. Applicants formally indicate their choice for the letter of credit requirement in the main BEAD application.
Q: Is there a maximum award amount for the NM BEAD Program?
A: No.
Q: If a project utilizes a hybrid of fiber and fixed wireless technologies, can it be submitted in round one?
A: If the non-fiber portion of a hybrid proposal utilizes a "reliable broadband" technology such as licensed fixed wireless, then the application can be submitted in round one. Applications containing an "alternative technology" such as unlicensed fixed wireless or LEO satellite can only be submitted in round two.
Q: NTIA has published a Programmatic Waiver regarding the Professional Engineer Certification Requirement, stating that the professional engineer making certifications in connection with the PE Certification Requirement may be licensed in any of the 56 Eligible Entities. Is OBAE adopting this policy?
A: No, OBAE is not adopting NTIA’s policy that professional engineers may be licensed in any of the 56 eligible entities. Permitting a professional engineer to work as an engineer in New Mexico without being licensed to work as an engineer in New Mexico would violate New Mexico law. The New Mexico Engineering and Practice Act provides in relevant part that, “It is unlawful for . . . any person to engage in the construction of any public work involving engineering unless the engineering is under the responsible charge of a licensed professional engineer.” NMSA 1978, § 61-23-26. OBAE notified applicants of this requirement in its approved Initial Proposal Volume II, which states that, “OBAE will require that the certifying engineer holds all required professional licenses from the State of New Mexico.”
If a professional engineer is licensed to practice in a different jurisdiction, the professional engineer may apply to be licensed as a professional engineer in New Mexico by comity. The requirements for applying for a license by comity can be found at NMSA 1978, §§ 61-23-14.1. For questions or additional information regarding licensure of professional engineers in New Mexico, please contact the New Mexico Board of Licensure of Professional Engineers & Professional Surveyors.
Q: Section 3 of the BEAD application asks for a breakdown of BSLs by low-income status. Our CostQuest data doesn't show poverty levels. Is there a recommended way for applicants to find that information?
A: Including this question in the application was an oversight on OBAE's part. OBAE will calculate the number of BSLs, and percentages, within each application that fall below 200 percent of the federal poverty line using Small Area Income and Poverty Estimates Program (SAIPE) data. No applicant input is required for this criterion. The application PDF and submission portal have been updated accordingly as of 2/24/2025.
Q: Section 13(G) of the BEAD application references potential supplementary funding from the State. What are the criteria for qualifying for this supplementary funding?
A: This question references potential supplementary funding, should it be approved by the New Mexico Legislature, and by checking “Yes,” the applicant indicates they would like their BEAD application to be used as an application for such funding, should it become available. OBAE will develop the criteria for qualifying for this funding at a later date, should such funding be approved by the New Mexico Legislature, in accordance with any applicable laws or regulations.
Q: Will the extension of the BEAD application deadline to March 24, 2025, change OBAE’s deadline to submit the Final Proposal?
A: For the present, OBAE’s deadline to submit the Final Proposal remains unchanged.
Q: Is a Tier C CostQuest license acceptable for use of OBAE's BEAD Mapping Tool?
A: Either Tier C or Tier D licenses are acceptable to use in OBAE's mapping tool
Q: Is purchasing a CostQuest license mandatory for BEAD applicants?
A: CostQuest offers licenses for Federal Broadband Granting Programs at no cost. Obtaining a free CostQuest license is required for BEAD applicants. Applicants will need a CostQuest license in order to access the BSL data needed to complete the application, as well as to satisfy reporting requirements if awarded. You can read more about CostQuest licensing for BEAD here, and you can request a CostQuest license here.
Q: If a BEAD application is denied, will the applicant be notified the reasons why they were not selected?
A: Yes, a full explanation will be provided.
Q: For the purposes of satisfying the requirement to provide a letter from a surety company committing to providing a performance bond, will a letter modeled after the "Bondability Letter" in the BEAD Program Surety Bond Information Kit published by the National Association of Surety Bond Producers (NASBP) and The Surety & Fidelity Association of America (SFAA) be sufficient?
A: A letter modeled on this structure—so long as it provides equivalent assurances and meets the intent of the requirement—can serve as a valid demonstration of your qualifications. The purpose of the bondability letter is to demonstrate financial and operational credibility, ensuring that an entity has the capacity to fulfill its obligations under the program.
It is understood that surety companies require specific criteria to issue performance bonds and that no formal applications for such bonds have been submitted yet. Given this, a letter affirming that an organization meets the necessary criteria for bondability, even if a bond has not been issued, can still serve the intended purpose of demonstrating financial and operational capacity.
Q: My organization received a letter of support after submitting our BEAD application. May we add the letter of support to our application?
A: OBAE can accept additional letters of support from BEAD applicants until 5pm on April 4, 2025, via email at [email protected]. After that time, additional materials can only be added to BEAD applications during the curing and negotiation processes in response to an OBAE request.
Q: My organization forgot to add something to our BEAD application. May we add that item to our application?
A: OBAE can accept additional materials until 5pm on April 4, 2025, via email at [email protected]. After that time, additional materials can only be added to BEAD applications during the curing and negotiation processes in response to an OBAE request.
BEAD Post-Award Compliance
Q: Are make-ready costs eligible expenditures for BEAD?
A: Per OBAE's BEAD NOFO, eligible expenses include: "Construction, improvement, and/or acquisition of facilities and telecommunications equipment required to provide qualifying broadband service, including infrastructure for backhaul, middle- and last-mile networks, and multi-tenant buildings." OBAE does consider this to include make-ready costs that are necessary for a BEAD-funded project.
A: Per OBAE's BEAD NOFO, eligible expenses include: "Construction, improvement, and/or acquisition of facilities and telecommunications equipment required to provide qualifying broadband service, including infrastructure for backhaul, middle- and last-mile networks, and multi-tenant buildings." OBAE does consider this to include make-ready costs that are necessary for a BEAD-funded project.
