Broadband Competition and Efficient Deployment Act
The Broadband Competition and Efficient Deployment Act would exempt certain federally authorized activities to collocate a telecommunications service facility from the environmental review requirements of NEPA (National Environmental Policy Act) and the historic preservation review requirements of NHPA (National Historic Preservation Act). Specifically, if a project involves placing, building, or modifying telecom facilities on eligible support infrastructure and requires FCC (the Commission) authorization, it would not be treated as a “major Federal action” under NEPA nor as an “undertaking” under NHPA. The intent is to speed up the deployment of broadband by reducing federal review delays for these collocation projects. The bill defines key terms (covered project, eligible support infrastructure, federal authorization) and designates the FCC as the governing “Commission.” While it aims to expedite federal approval processes for these projects, it does not remove all local or state permitting or other non-federal reviews. Sponsor: Rep. Joyce (PA); introduced in the 119th Congress and referred to committees for consideration.
Key Points
- 1NEPA exemption: A federal authorization for a covered project may not be considered a major Federal action under NEPA, thereby potentially avoiding NEPA environmental assessments or environmental impact statements.
- 2NHPA exemption: A covered project may not be considered an undertaking under NHPA Section 106, removing federal historic preservation reviews for these projects.
- 3Covered project definition: Projects involving placement, construction, or modification of a telecommunications service facility on eligible support infrastructure, for which FCC permits or approvals are required.
- 4Eligible support infrastructure definition: Infrastructure that supports or houses a telecommunications facility at the time a complete authorization request is made to a state/local government or Indian Tribe.
- 5Scope and jurisdiction: The exemptions apply to federal actions and approvals administered by the FCC; other non-federal reviews or local regulations may still apply.