What This Bill Does
This bill directs a federal official called the Assistant Secretary of Commerce for Communications and Information to create a grant program. The program gives money to local governments that improve their zoning and permitting processes to help companies build broadband internet infrastructure faster. The bill also creates an advisory council to help solve problems local governments face when approving broadband projects.
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Who It Affects
Local governments and Indian Tribes (as defined in the Indian Self-Determination and Education Assistance Act). Broadband companies and infrastructure providers that deploy broadband services. Federal officials managing the grant program.
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Key Provisions
- The Assistant Secretary must establish a competitive grant program (meaning local governments compete for funding by showing they meet certain requirements) to help covered entities (local governments or Indian Tribes) process zoning and permitting applications more efficiently. (Sec. 3(a))
- Local governments that want grant money must adopt efficient processes for reviewing permit applications and adopt written policies allowing expedited processes like micro-trenching (a method that uses smaller trenches to lay broadband cables). (Sec. 3(b)(2)(A) and 3(b)(2)(B))
- Local governments must limit fees for processing broadband applications to actual, reasonable costs incurred by the local government. (Sec. 3(b)(2)(C))
- Grant money can be used for training employees, hiring staff, or buying technology and software to help process applications faster. (Sec. 3(c))
- The Assistant Secretary must create a Local Broadband Advisory Council within 90 days to develop solutions for broadband deployment challenges. The council must report its findings to Congress within one year. (Sec. 4(a) and 4(c))
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What Changes
If this becomes law, local governments can receive federal grants if they streamline their zoning and permitting approval processes for broadband projects. Local governments would be required to cap application fees at actual costs. A new advisory council would be created to study and report on broadband deployment challenges facing local jurisdictions.
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Important Definitions
Assistant Secretary: The Assistant Secretary of Commerce for Communications and Information.
Broadband Infrastructure: Facilities or equipment used to provide broadband internet access service (as defined in federal regulations).
Covered Application: A zoning or permitting application that helps companies deploy broadband infrastructure.
Covered Entity: A political subdivision of a state (like a city or county) or an Indian Tribe.
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1241
To direct the Assistant Secretary of Commerce for Communications and
Information to establish a competitive grant program to assist local
governments in providing efficient review and approval of zoning and
permitting applications that facilitate the deployment of broadband infra-
structure, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2023
Mrs. FLETCHER introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To direct the Assistant Secretary of Commerce for Commu-
nications and Information to establish a competitive
grant program to assist local governments in providing
efficient review and approval of zoning and permitting
applications that facilitate the deployment of broadband
infrastructure, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Broadband Incentives
4
for Communities Act’’.
5
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•HR 1241 IH
SEC. 2. FINDINGS.
1
Congress finds the following:
2
(1) Congress has provided $12,000,000,000
3
since 2010 in competitive grants and financial as-
4
sistance to expand broadband connections to
5
unserved rural and underserved low-income commu-
6
nities.
7
(2) Local governments play a significant role in
8
the deployment of broadband infrastructure through
9
their zoning and permitting processes.
10
(3) Local governments will need additional as-
11
sistance to manage the expected accelerated pace of
12
zoning and permitting applications that facilitate the
13
deployment of broadband infrastructure in their
14
communities.
15
(4) The Federal Government has a critical role
16
to play in encouraging the deployment of broadband
17
infrastructure by local governments.
18
(5) The establishment of a competitive grant
19
program to provide resources to, and incentives for,
20
local governments to fulfill their role in expanding
21
broadband access for all is a vital component of a
22
successful broadband deployment policy.
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•HR 1241 IH
SEC. 3. BROADBAND INCENTIVES FOR COMMUNITIES
1
GRANT PROGRAM.
2
(a) ESTABLISHMENT.—The Assistant Secretary shall
3
establish a program to make grants on a competitive basis
4
to covered entities to assist such entities in providing effi-
5
cient review and approval of covered applications.
6
(b) ELIGIBILITY.—The Assistant Secretary may only
7
make a grant under this section to a covered entity that
8
does the following:
9
(1) The covered entity submits to the Assistant
10
Secretary an application at such time, in such form,
11
and accompanied by such information and assur-
12
ances as the Assistant Secretary may require.
13
(2) The covered entity demonstrates readiness
14
for the deployment of broadband infrastructure (in-
15
cluding fifth-generation wireless communications in-
16
frastructure) in the jurisdiction of the covered enti-
17
ty, including through the following:
18
(A) Adoption and implementation of effi-
19
cient processes, which comply with applicable
20
Federal standards and regulations, for review-
21
ing covered applications that facilitate wireless
22
and fiber deployment, including those applica-
23
tions relating to projects that make efficient use
24
of existing infrastructure.
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•HR 1241 IH
(B) Adoption and implementation of writ-
1
ten policies, ordinances, or guidance that allows
2
the use of expedited processes, such as micro-
3
trenching, for the deployment of broadband in-
4
frastructure.
5
(C) With respect to fees for the processing
6
of covered applications—
7
(i) in the case of a covered application
8
described in subparagraph (A), adoption
9
and implementation of fees that are limited
10
to the actual, objectively reasonable costs
11
incurred by the covered entity to process
12
the application and (if applicable) provide
13
access to the right-of-way to which the ap-
14
plication relates; and
15
(ii) in the case of any other covered
16
application, adoption and implementation
17
of uniform and objectively reasonable fees,
18
which shall be published in advance of the
19
date on which such fees begin to apply to
20
any such application.
21
(c) USE OF FUNDS.—A covered entity that receives
22
a grant under this section shall use the grant for one or
23
more of the following:
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•HR 1241 IH
(1) Capacity-building for the covered entity to
1
facilitate the processing of covered applications, in-
2
cluding employee training and hiring.
3
(2) The purchase of technology, software, and
4
equipment to facilitate the processing of covered ap-
5
plications, including in a remote work environment.
6
SEC. 4. LOCAL BROADBAND ADVISORY COUNCIL.
7
(a) ESTABLISHMENT.—Not later than 90 days after
8
the date of the enactment of this Act, the Assistant Sec-
9
retary shall establish an advisory council, to be known as
10
the ‘‘Local Broadband Advisory Council’’, to develop solu-
11
tions to the challenges shared by local jurisdictions, cov-
12
ered entities, and infrastructure providers in facilitating
13
wireless and broadband deployment, including in unserved
14
and underserved communities.
15
(b) MEMBERSHIP.—The Council shall be composed of
16
broadband deployment stakeholders appointed by the As-
17
sistant Secretary, including representatives from the
18
broadband industry, infrastructure providers, local govern-
19
ments, and covered entities.
20
(c) REPORT.—Not later than 1 year after the Council
21
is established under subsection (a), the Council shall sub-
22
mit to the Assistant Secretary and Congress a report on
23
the solutions developed under such subsection.
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•HR 1241 IH
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
1
There are authorized to be appropriated to the As-
2
sistant Secretary such sums as may necessary to carry out
3
this Act.
4
SEC. 6. DEFINITIONS.
5
In this Act:
6
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
7
ant Secretary’’ means the Assistant Secretary of
8
Commerce for Communications and Information.
9
(2) BROADBAND INFRASTRUCTURE.—The term
10
‘‘broadband infrastructure’’ means facilities or
11
equipment utilized for the provision of broadband
12
internet access service (as defined in section 8.1(b)
13
of title 47, Code of Federal Regulations).
14
(3) COUNCIL.—The term ‘‘Council’’ means the
15
Local Broadband Advisory Council established under
16
section 4.
17
(4) COVERED APPLICATION.—The term ‘‘cov-
18
ered application’’ means a zoning or permitting ap-
19
plication
that
facilitates
the
deployment
of
20
broadband infrastructure.
21
(5) COVERED ENTITY.—The term ‘‘covered en-
22
tity’’ means—
23
(A) a political subdivision of a State; or
24
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•HR 1241 IH
(B) an Indian Tribe (as defined in section
1
4 of the Indian Self-Determination and Edu-
2
cation Assistance Act (25 U.S.C. 5304)).
3
(6) STATE.—The term ‘‘State’’ means each
4
State of the United States, the District of Columbia,
5
and each commonwealth, territory, or possession of
6
the United States.
7
Æ
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