SPEED for Broadband Infrastructure Act of 2025
The SPEED for Broadband Infrastructure Act of 2025 would amend the Communications Act of 1934 to streamline federal permitting for certain new or replacement wireless facilities by exempting a defined set of projects from major environmental and historic preservation reviews. Specifically, it creates a new Section 14 that says covered projects and covered easements on federal property may not be treated as “major Federal actions” under NEPA, nor as “undertakings” under the National Historic Preservation Act (NHPA). The bill preserves some reviews and regulatory duties (notably RF exposure considerations and certain state/local authorities) and sets precise conditions that determine which projects qualify as “covered.” The aim is to accelerate deployment of broadband infrastructure, particularly in public rights-of-way (ROW), while narrowing the scope of federal environmental and historic preservation review for specific, small-scale wireless deployments.
Key Points
- 1Exemption for covered projects from NEPA and NHPA
- 2- A federal authorization for a covered project may not be considered a major Federal action under NEPA.
- 3- A covered project may not be considered an NHPA “undertaking.”
- 4- However, certain protections and obligations remain: RF exposure evaluation under NEPA may still occur; general NEPA compliance outside the explicit exemption remains possible; and local zoning and related land-use authorities can still apply consistent with the statute.
- 5Exemption for covered easements on federal property
- 6- If a covered easement has previously been granted for another facility on the same federal property, a new covered easement may also avoid NEPA major-action status and NHPA undertakings related to that property.
- 7Definitions shaping what counts as a covered project
- 8- Covered project: placement and installation of a new communications facility meeting one of several criteria:
- 9- Located in a public right-of-way and not taller than 50 feet or not more than 10 feet taller than the tallest structure in the right-of-way, whichever is higher.
- 10- A replacement for an existing facility and substantially similar to the facility being replaced.
- 11- A facility of a type described in 6409(d)(1)(B) of the 2012 Middle Class Tax Relief and Job Creation Act and meeting the Commission’s small-antenna size limits.
- 12- Involves expanding the site of an existing facility by no more than 30 feet in any direction.
- 13Coverage and scope definitions
- 14- Federal authorization covers any required federal permits or approvals.
- 15- Public right-of-way is defined to include areas on, below, or above roads and adjacent lands, but excludes components of the Interstate System.
- 16- Wireless service, antenna, communications facility, and utility facility definitions align with established federal telecom and infrastructure concepts.
- 17Possible constraints and guardrails
- 18- The savings clause preserves certain existing authorities, including local zoning consistency and the Commission’s RF exposure considerations.
- 19- The Act relies on specific numeric thresholds (e.g., height limits, expansion caps) to determine eligibility as a covered project.
- 20- The bill keeps the possibility that some federal or state reviews or requirements still apply outside the enumerated exemptions.