This bill, titled the BroadBand Leadership Act, amends the Communications Act of 1934 to speed up how and where broadband and other telecommunications facilities can be placed, built, or modified. It creates strict timelines for state and local reviews, with automatic approval if a decision isn’t issued within those timeframes. It also sets standards for the review process (including written, publicly available decisions with substantial supporting evidence), outlines how fees may be charged, and gives federal authority (the FCC) powers to preempt local or state rules that block or conflict with these timelines and procedures. The goal is to reduce regulatory delays that slow broadband deployment while preserving certain state rights and procedures around rights-of-way and public safety. In short, the bill aims to accelerate broadband infrastructure deployment by limiting review times, clarifying what counts as a complete application, standardizing fees, and enabling federal preemption if local rules hinder timely deployment. It preserves some state and local authority, particularly over rights-of-way, as long as actions remain neutral and nondiscriminatory.
Key Points
- 1Timelines for siting reviews: State/local governments must act within 90 days for placement on eligible support infrastructure and 150 days for other actions related to a telecommunications facility. These timeframes cover all required permits and authorizations and cannot be tolled by moratoria.
- 2Deemed granted: If a local or state authority does not act within the applicable timeframe, the request is deemed granted and the facility is authorized to proceed without further action.
- 3Written decisions with record: Any denial must be in writing, supported by substantial written evidence, and publicly released to the applicant on the same day the decision is made.
- 4Fees framework: Fees for review or use of rights-of-way must be reasonable, competitively neutral, technology-neutral, and disclosed in advance. They must be cost-based (covering actual review costs and certain related repairs or equipment) and distinguish between nonrecurring and recurring costs, as well as potential differences for existing infrastructure versus new locations.
- 5Federal preemption and expedited review: If a state or local rule violates the bill, the FCC can preempt and override it to correct the conflict, with a fast-track timeline (the FCC must decide on a preemption petition within 120 days). The bill also requires expedited judicial review of challenges to local actions inconsistent with these rules.