The "BROADBAND Leadership Act" aims to accelerate broadband deployment by removing state and local barriers to entry for telecommunications services, setting strict timelines for approval of infrastructure projects, and enabling legal recourse against obstructive practices. It also affirms states' rights to manage public rights-of-way and regulate in a competitively neutral manner, while allowing the FCC to preempt conflicting state or local laws.
H. Griffith
Representative
VA-9
The "BROADBAND Leadership Act" aims to accelerate broadband deployment by removing state and local barriers that hinder the provision and improvement of telecommunications services. It establishes strict time limits for local governments to approve or deny requests for telecommunications facilities, prohibits discriminatory practices, and allows legal recourse for those harmed by non-compliant regulations. The bill also clarifies the authority of state and local governments to manage public rights-of-way and charge reasonable fees, while preserving their rights to regulate in a competitively neutral and non-discriminatory manner. Finally, the FCC is empowered to override conflicting state or local laws.
BROADBAND Leadership Act: Fast-Tracking Internet Infrastructure, Cutting Local Control
The "Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act"—or, thankfully, the BROADBAND Leadership Act—is all about speeding up internet infrastructure deployment. It does this by significantly limiting state and local governments' power over telecommunications projects.
Rocket Speed Approvals
The core of the bill revolves around strict timelines. Local governments get 90 days to approve or deny projects on existing infrastructure and 150 days for new builds. Miss the deadline? The project is automatically approved. (SEC. 2) This could mean quicker rollouts of 5G and other broadband services, but it also raises concerns about rushed reviews. Imagine a small town's planning department, already swamped, facing this kind of pressure from a major telecom company.
Local Hands Tied
The bill prevents states and localities from enacting regulations that could "prevent" or "discriminate" against telecommunications services or facility construction. (SEC. 2) While seemingly promoting competition, this could tie the hands of local communities. For example, a town wanting to preserve a historic district's aesthetics might find its options severely limited when it comes to cell tower placement. Or, a city that is trying to negotiate free or reduced cost internet access for low income residents with providers before allowing them to build out new infrastructure, would not be able to do that under this law.
The Cost of Connectivity
The bill does allow local governments to charge fees for reviewing applications and using public rights-of-way, but these fees must be "actual, direct, and objectively reasonable," and publicly disclosed. (SEC. 2) This could prevent excessive fees, but the "objectively reasonable" part is open to interpretation, potentially leading to disputes and litigation. The bill also allows companies to sue local governments if they feel these rules are violated, with a court decision required within 30 days. (SEC. 2)
The Big Picture
While the bill preserves some state rights in areas like universal service and consumer protection, the Federal Communications Commission (FCC) gets the ultimate power to override state and local laws it deems in violation. (SEC. 2) The FCC must decide on those overrides within 120 days. The goal is faster broadband for everyone, especially in underserved areas. But the trade-off is a significant shift in power away from local communities and toward telecom companies and the federal government. The bill also leaves open the potential for unintended consequences, like rushed construction and less say for residents about what gets built in their neighborhoods. This is a big one for the future of the internet, and it's going to have effects well beyond the technical jargon.