RAPID Act
The RAPID Act seeks to speed up the deployment of small personal wireless service facilities (often the small cell infrastructure used to support 5G and other mobile services) by exempting them from certain federal reviews. Specifically, it would remove these projects from being treated as “major Federal actions” under NEPA (the environmental review law) and from being considered “undertakings” under the National Historic Preservation Act (NHPA). The bill also creates a set of presumptions about how Indian Tribes are engaged through FCC Forms 620/621 related to historic properties, with a mechanism for tribes to overcome those presumptions. In short, the measure is designed to streamline siting and permitting for small wireless equipment, potentially accelerating infrastructure deployment but reducing some environmental and tribal review processes. Key definitions in the bill clarify what counts as a “small personal wireless service facility” (antennas must be no more than 3 cubic feet per antenna and no wireline backhaul facility) and reiterate that the term covers facilities that provide personal wireless service (including commercial mobile data service). The effects would primarily concern federal actions and permitting processes tied to deploying such facilities.
Key Points
- 1NEPA exemption: A federal authorization for deploying a small personal wireless service facility would not be considered a major federal action under NEPA, meaning a full environmental impact statement or even an environmental assessment would not be triggered for these projects.
- 2NHPA exemption: Projects to deploy these facilities would not be treated as undertakings under the National Historic Preservation Act, limiting federal historic preservation review.
- 3Tribal Form 620/621 presumption: If a recognized Indian Tribe receives a complete FCC Form 620 or 621 (or a successor) and does not act within 45 days, the FCC and a court would presume the applicant has made a good-faith effort to provide necessary information and that the Tribe has disclaimed interest in the undertaking.
- 4Overcoming the presumption: Tribes can overcome the presumption by demonstrating factors such as whether the applicant followed up within a specified timeframe (30–50 days after submission) and whether the agency’s rules or the forms themselves violate a Nationwide Programmatic Agreement.
- 5Definitions and scope: The bill defines key terms (Commission, Federal authorization, Indian Tribe, personal wireless service, personal wireless service facility, small personal wireless service facility, and wireline backhaul facility). A small personal wireless service facility is limited to antennas no more than 3 cubic feet each and excludes wireline backhaul.