The common question I get asked and that many wrestle with is, why are they vital for federal broadband grants? Engineering stamps are crucially important for infrastructure projects and build outs, including broadband infrastructure projects using federal funds. State agencies must be vigilant of the details submitted by grantee proposers. Federal agencies like the National Telecommunications and Information Administration (NTIA) and the U.S. Department of Agriculture (USDA) require certification from a Professional Engineer (PE) for grant applications to verify the technical design, feasibility, and safety of proposed networks. However, the specific certification requirements can vary by program and evolve over time, as seen with the FCC’s recent shift for some broadband data collection filings.

       Verifying a project’s technical design requires the PE certification assuring the funding agency that the network design, cost, and timeline are feasible and accurate. Without such verification, the funding agency would be without assurance and would be at risk in future audits. For example, the USDA’s ReConnect program requires a PE-certified network design, diagram, and buildout timeline as part of the application.

       So, how are they needed? One aspect is that they serve to ensure safety and welfare by virtue of the PE stamp signifying that the design meets professional standards and prioritizes public safety, health, and welfare. This is particularly critical for large-scale infrastructure involving public rights-of-way, utility poles, or underground construction. PE Stamps must comply with federal laws (e.g., Build America, Buy America under IIJA), environmental regulations, and local codes. Grants require post-award audits to verify PE involvement, per 2 CFR Part 200. [1] Program income and costs must be treated as federal funds without commingling.[2] A 2022 CPF project in New Mexico faced audit scrutiny for non-compliant material sourcing, despite PE certification.[3]

       Another aspect is to foster accountability and fraud prevention by the PE stamp carrying legal and professional responsibility. It provides a layer of accountability for the accuracy of grant submissions and protects against wasteful spending of federal funds. Subsequent audits can investigate PE’s involvement to ensure their work was thorough and not a “rubber stamp”. PE stamps carry personal and professional liability. Inadequate supervision (e.g., minimal billed hours) can trigger audits, funding revocations, or license suspension. Engineers are considered liable for government costs due to design deficiencies.[4]

       An additional aspect is the overarching compliance with grant program requirements, as many grant programs, such as the NTIA’s Broadband Equity, Access, and Deployment (BEAD) Program, explicitly require PE certification for aspects like network design. Failure to include a certified design would prevent an applicant from receiving funding. PE Stamps cover the scope of telecom-specific elements (e.g., fiber optic layouts, equipment huts) and may extend to civil engineering for pole attachments, environmental impacts, or electrical systems for power supplies. If a project involves components outside a PE’s expertise, separate qualified PEs must stamp those sections, according to the National Society of Professional Engineers (NSPE) guidelines.[5]

       Moreover and highly important is the certification of performance requirements,[6] by the PE certification confirming that the proposed network can actually deliver the required broadband speeds to all locations in the service area, as defined by the funding program.[7] [8] CPF programs may require stamps on plans and evidence of financing/permits, as seen in Florida’s requirement for ACP participation.[9] For example, Florida’s CPF program requires engineering and design plans to be signed and stamped by a licensed PE as part of the grant application, included as a required attachment.[10]

       While the PE stamp is essential for most broadband deployment grants, some federal requirements are subject to change. For instance, the FCC has required PE certification for its Broadband Data Collection (BDC) filings, which inform federal broadband maps. However, the FCC recently moved to a more flexible “qualified engineer” standard for these specific filings due to the difficulty and cost of finding licensed PEs with specific broadband expertise. Also, program-specific requirements of specific engineering documentation needed will differ depending on the grant program and agency. BEAD and ReConnect will have their own distinct requirements regarding the scope of the engineering certification. For example, the BEAD program requires PE certification for network designs, diagrams, costs, and project timelines. This is a formal, non-negotiable step to receiving federal funds.

       In a nutshell, a professional engineer’s stamp is a serious responsibility and a non-negotiable requirement for the grant application process of many federally funded broadband programs.[11] It provides the necessary assurances to federal agencies that the project is technically sound and responsibly planned before taxpayer money is invested. As for best practices, PEs early involvement in a project for thorough reviews including certifications is conducive to avoid incompleteness. As always, consult the appropriate state broadband offices for guidance.

 

Lorenzo Law, LLC. All rights reserved, 2025. https://www.lorenzolawfirm.com

 

#broadband #ConnectMT #telecommunications #governance #Internet #governmentcontracts #governmenttransparency #publicrecords #litigation #compliance #BEAD #IIJA

 

Note: This article contains general information only and is not intended as legal advice. It does not create an attorney-client relationship or substitute for the advice of a qualified attorney for your specific situation.

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[1] Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, §60102, 135 Stat. 429 (2021); NTIA, BEAD NOFO, § IV.D.2.c (May 2022).

[2] U.S. Department of the Treasury, CPF Guidance for Broadband Infrastructure, § 2.3 (2022).

[3] New Mexico Office of Broadband Access, CPF Audit Report (2022).

[4] See 48 CFR § 36.6, Federal Acquisition Regulation: Architect-Engineer Services.

[5] National Society of Professional Engineers, NSPE Code of Ethics and Professional Practice Guidelines (2023).

[6] BEAD requires PEs to certify network designs, diagrams, project costs, build-out timelines, and milestones, ensuring performance standards (e.g., IIJA §60102) For example, a 2023 Colorado CPF project required PE certification to validate fiber deployment costs and timelines, ensuring grant compliance. Colorado Broadband Office, CPF Project Compliance Summary (2023).

[7] Federal grant programs often mandate PE certification for critical project components, such as network designs, build-out timelines, costs, and milestones, to ensure reliable service delivery (e.g., 100/20 Mbps speeds for BEAD). The BEAD Program requires prospective subgrantees to submit PE-certified materials demonstrating technical capability, with partial waivers for specific elements like the four-year capital investment schedule. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, §60102, 135 Stat. 429 (2021); NTIA, BEAD NOFO, § IV.D.2.c (May 2022).

[8] NTIA, BEAD Program FAQs, Version 2.0, § 4.2 (2023).

[9] CPF Guidance for Broadband Infrastructure, § 2.3 (2022).

[10] Florida Department of Economic Opportunity, CPF Broadband Infrastructure Program Guidelines, Attachment 4D (2023). See also, 2 CFR § 200.318 (Uniform Administrative Requirements for Federal Awards).

[11] Projects must demonstrate financing, permits, and equitable access, with PE involvement supporting compliance under FAR 36.609 for design corrections. See 48 CFR § 36.6 (Federal Acquisition Regulation: Architect-Engineer Services).