The BEAD FEE Act of 2025 would condition access to Broadband Equity, Access, and Deployment (BEAD) grant funds on streamlined, fair, and transparent fees charged by states and their political subdivisions for actions related to broadband infrastructure. Specifically, it adds a new requirement that any fee to consider a request to place, construct, or modify broadband infrastructure, or to use a right-of-way, must be competitively neutral, technology neutral, nondiscriminatory, publicly disclosed, and cost-based. The cost calculations must reflect actual direct costs (like review, processing, repairs, and equipment) and distinguish between nonrecurring and recurring fees as well as whether the rights-of-way are currently hosting broadband infrastructure. If these criteria are not met, the federal grant administrator cannot provide BEAD funds to the eligible entity or its subdivisions (with a narrow exception noted in the text). The measure is titled the Broadband Expansion And Deployment Fee Equity and Efficiency Act of 2025 (BEAD FEE Act of 2025). In short, this bill seeks to prevent excessive or opaque permitting and right-of-way fees from hindering BEAD-funded broadband deployments by tying grant eligibility to transparent, fair, and cost-based fee practices at the state and local level.
Key Points
- 1New BEAD eligibility condition: Starting after enactment, the Assistant Secretary cannot provide BEAD grant funds to an eligible entity or its political subdivisions if they charge certain broadband-related fees that are not compliant with the act’s requirements (with a noted exception for some grant funds under another subsection).
- 2Fees subject to scrutiny: Fees to consider a request to place, construct, or modify broadband infrastructure, and fees for use of a right-of-way or infrastructure in a right-of-way.
- 3Criteria for compliant fees: Fees must be competitively neutral, technology neutral, and nondiscriminatory; publicly disclosed; and calculated based on actual, direct costs that are objectively reasonable.
- 4Cost-based framework: Fee calculations must be tied to actual costs (review/processing, repairs/replacements of components/equipment, etc.), and costs must be reasonable. Fees must differentiate nonrecurring vs recurring charges and distinguish existing infrastructure vs. proposed infrastructure on the right-of-way.
- 5Effective timing and oversight: The restriction on grant funds applies after the date of enactment of this provision, with the Assistant Secretary enforcing these standards; the sole exception mentioned is for certain BEAD funds under paragraph (1)(C).