PolicyBrief
S. 866
119th CongressMar 5th 2025
Accelerating Broadband Permits Act
IN COMMITTEE

The "Accelerating Broadband Permits Act" aims to speed up broadband deployment by improving the federal permitting process, tracking application processing times, addressing delays, and including broadband projects under NEPA review if they exceed $5,000,000 in investment.

John Thune
R

John Thune

Senator

SD

LEGISLATION

Faster Broadband Rollouts? Bill Mandates Permit Tracking, Sets $5M Project Threshold

This proposed legislation, the "Accelerating Broadband Permits Act," tackles the often lengthy process of getting federal approval for building internet infrastructure. It directs executive agencies handling applications for communications projects on federal land or property to get serious about speed. Specifically, it amends the Middle Class Tax Relief and Job Creation Act of 2012 (Section 6409(b)(3)) to require agencies develop systems to accurately track how long permits take, figure out why delays are happening in real-time, and actually do something about those bottlenecks. The goal is to streamline the path for expanding broadband access.

Putting Permits on the Clock

The bill introduces some concrete accountability measures for federal agencies. They'll need to:

  • Track Processing Times: Implement data controls to know exactly how long each communications use application sits in the queue.
  • Analyze Delays: Identify and address factors causing slowdowns as they occur.
  • Report to Congress: Submit annual reports detailing these delay factors to relevant House and Senate committees.
  • Flag Deadlines: Create an alert system to notify staff when an application is nearing the 270-day processing deadline established in existing law.

For anyone waiting on better internet, the idea is that this increased scrutiny and reporting might light a fire under agencies to move faster. If an agency knows it has to explain delays to Congress, it might find ways to clear roadblocks more efficiently. The 270-day alert system aims to prevent applications from falling through the cracks.

Setting the Bar: The $5 Million Question

The act also tweaks the definition of a "covered project" under the FAST Act, a law aimed at improving infrastructure project coordination. It amends section 41001(6)(A) (42 U.S.C. 4370m(6)(A)) to potentially bring more broadband projects under certain FAST Act provisions. To qualify under this change, a broadband project would need to:

  1. Be subject to environmental review under the National Environmental Policy Act (NEPA).
  2. Involve the construction of broadband infrastructure.
  3. Be estimated to cost more than $5,000,000 in total investment.

This means larger-scale broadband projects hitting that $5 million mark and requiring NEPA review could potentially benefit from FAST Act coordination mechanisms. However, it also implicitly means smaller projects under $5 million, even if they face NEPA review and aim to connect underserved areas, might not fall under this specific definition.

The Bottom Line: What It Means on the Ground

Ultimately, this bill is focused on the process behind broadband deployment. If agencies effectively implement the tracking and actively address the delays identified, it could genuinely speed up the rollout of faster internet, especially for larger projects. The increased transparency through reporting could also hold agencies more accountable. However, the effectiveness hinges on execution – just tracking time isn't enough if the underlying causes of delays aren't fixed. Additionally, the $5 million threshold for FAST Act consideration might sideline smaller, yet potentially crucial, local broadband initiatives from any benefits that designation provides.