Trump killed the Digital Equity Act, but US was forced to bring part of it back

Ars Technica News

Summary

A court forced the Trump administration to partially reinstate the Digital Equity Act's competitive grant program, but eliminated racial and ethnic minority eligibility criteria. The NTIA will issue a new funding opportunity while the NDIA urges restoration of state grants.

<p>The Trump administration said it will reinstate a broadband grant program to comply with a court ruling that prevented it from fully ignoring the Digital Equity Act <a href="https://arstechnica.com/tech-policy/2021/11/congress-oks-42-billion-to-deploy-100mbps-broadband-in-unserved-areas/">enacted by Congress</a> in 2021. The US government said in a court filing that it plans to start taking applications for grants in December.</p> <p>However, the Trump administration won a partial victory because the judge ruled the government can't allocate money based on the race or ethnicity of people who would benefit from grants. The government program can still award broadband grants based on factors such as income, age, and disability.</p> <p>The Digital Equity Act of 2021 provided $2.75 billion for three grant programs aimed at closing gaps in broadband access. The Biden administration started awarding $60 million in planning grants to states in 2022, and in 2024 it <a href="https://web.archive.org/web/20241106211710/https://www.ntia.gov/press-release/2024/biden-harris-administration-allocates-more-800-million-increase-digital-inclusion-efforts">started taking applications</a> to distribute the rest of the $2.75 billion. Trump <a href="https://arstechnica.com/tech-policy/2025/05/trump-is-killing-broadband-grants-because-some-of-them-help-minorities/">announced in May 2025</a> that he would end the grant programs, claiming the Digital Equity Act itself is racist and unconstitutional.</p><p><a href="https://arstechnica.com/tech-policy/2026/08/trump-forced-to-reinstate-broadband-grants-but-court-lets-us-scrap-race-criteria/">Read full article</a></p> <p><a href="https://arstechnica.com/tech-policy/2026/08/trump-forced-to-reinstate-broadband-grants-but-court-lets-us-scrap-race-criteria/#comments">Comments</a></p>
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# Trump killed the Digital Equity Act, but US was forced to bring part of it back Source: [https://arstechnica.com/tech-policy/2026/08/trump-forced-to-reinstate-broadband-grants-but-court-lets-us-scrap-race-criteria/](https://arstechnica.com/tech-policy/2026/08/trump-forced-to-reinstate-broadband-grants-but-court-lets-us-scrap-race-criteria/) The National Telecommunications and Information Administration is now preparing a new Notice of Funding Opportunity for the competitive grant program and intends to start accepting applications in December, the joint status report said\. The NDIA could object to the government’s proposed timeline, but is still evaluating it and asked the court for another two weeks to determine whether the sides can reach an “agreement on the path forward and proposed schedule\.” The[Digital Equity Act](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1724&num=0&edition=prelim)directed the US to establish a Competitive Grant Program to “spur greater adoption of broadband among covered populations\.” The law[defined](https://uscode.house.gov/view.xhtml?req=(title:47%20section:1721%20edition:prelim)%20OR%20(granuleid:USC-prelim-title47-section1721)&f=treesort&num=0&edition=prelim)eight types of covered populations, including “individuals who are members of a racial or ethnic minority group\.” The racial and ethnic minority category will be eliminated from the program as a result of the judge’s ruling, but the other categories remain\. This includes people in low\-income households, people who are 60 or older, incarcerated people except those in federal correctional facilities, veterans, people with disabilities, people with language barriers, and people living in rural areas\. ## NDIA waits for details before seeking new grant NDIA Executive Director Angela Siefer said it is too early to determine whether her group will apply for a grant when the government starts taking applications\. She said the NDIA will need to examine the Notice of Funding Opportunity to be issued by the Trump administration\. Siefer said the NDIA proposal that won a grant from the Biden administration “was carefully crafted” and would have served 30,000 people in rural, urban and tribal communities\. “NDIA’s vision is for everyone to have the opportunity to use technology to live, learn, work, and thrive\. This is not controversial,” she said\. Siefer also said the government should bring back the state grants even though they weren’t part of the NDIA lawsuit\. Plans developed by US states during the Biden administration “are ready to be implemented,” Siefer told Ars\. The Digital Equity Act was approved by Congress at the same time as the $42\.45 billion Broadband Equity, Access, and Deployment \(BEAD\) program, which gives money to states to provide subsidies for Internet providers that deploy broadband in unserved and underserved areas\. The Trump administration didn’t scrap BEAD, but it delayed the grants and overhauled the program\. The Trump administration cut spending on broadband deployment to[about $21 billion](https://arstechnica.com/tech-policy/2025/11/us-states-could-lose-21-billion-of-broadband-grants-after-trump-overhaul/), told states not to[require low prices](https://arstechnica.com/tech-policy/2025/10/trump-admin-demands-states-exempt-isps-from-net-neutrality-and-price-laws/)or compliance with net neutrality rules, and[helped Starlink](https://arstechnica.com/tech-policy/2026/01/starlink-demands-grant-money-from-states-even-when-residents-dont-buy-service/)obtain more funding than it originally was going to get\. The administration[hasn’t revealed](https://www.benton.org/headlines/ntia-administrator-arielle-roth-provides-congress-update-bead)what it will do with the other $21 billion yet\.

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