RAPID Act
The RAPID Act aims to speed up the deployment of small personal wireless service facilities (often small cell sites used to provide cellular coverage) by exempting these projects from two major review requirements: the environmental review under NEPA and the historic preservation review under the National Historic Preservation Act. It also creates a new presumption process tied to Indian Tribes’ responses to FCC Form 620/621, intended to reduce delays when tribes do not timely act on these forms. The bill defines what counts as a “small personal wireless service facility” (antennas capped at 3 cubic feet per antenna and excluding wireline backhaul) and clarifies key terms for FCC handling of such projects. While the goal is faster wireless infrastructure deployment, the exemptions could affect environmental and cultural protections and tribal consultation processes.
Key Points
- 1NEPA exemption: Federal authorizations for deploying a small personal wireless service facility may not be treated as a major Federal action under NEPA, which typically triggers environmental impact analysis.
- 2NHPA exemption: Projects deploying a small personal wireless service facility may not be considered undertakings under the National Historic Preservation Act, limiting historic preservation reviews.
- 3Tribal Form 620/621 presumption: If a Tribe is shown to have received a complete FCC Form 620 or 621 (or successor) and has not acted within 45 days, the FCC and a court shall presume the applicant made a good faith effort to provide necessary information and that the Tribe has disclaimed interest in the undertaking.
- 4How the presumption can be overcome: Tribes may challenge the presumption with a favorable demonstration on specified factors, including whether the applicant followed up with the Tribe within 30-50 days after submission and whether the relevant FCC forms or rules violate a Nationwide Programmatic Agreement.
- 5Definitions: The act defines key terms, including (a) “Commission” as the FCC; (b) “Federal authorization” as any required federal permit or approval; (c) “Personal wireless service” including commercial mobile data service; (d) “Small personal wireless service facility” as having antennas not more than 3 cubic feet in volume and excluding wireline backhaul facilities; and (e) “Wireline backhaul facility” as a connected network transport facility to link the small facility to the broader network.