Broadband permitting has become something of a hot-button issue of late as NTIA starts approving BEAD final proposals and providers get ready to finally start deployments next year.
Impact: Telecom industry groups like ACA Connects and USTelecom want the FCC to streamline the broadband permitting process and make it easier for providers to deploy broadband without having to work through various state and local provisions that can make the process rather complicated. The FCC in September put out a notice of inquiry on “Eliminating Barriers to Wireline Deployment” aimed at figuring out how the FCC can preempt permitting requirements at the state and local level that slow deployments and make them more costly. LightReading reported that industry groups have made it clear in their responses to the inquiry, which is open until mid-December, that they’d like the agency to use authority granted to it under section 253 of the Communications Act to override what they consider an often convoluted permitting process, which can vary by both state and local jurisdiction.
ACA Connects previewed its comments to the notice last month, indicating its support for the effort to preempt state and local permitting laws through the use of section 253. LightReading said that the group’s summary of its priorities included streamlining permitting and public rights of way, broadband price regulation, and enforcement. For permitting specifically, the group wants the FCC to provide guidelines around permit review timelines, permit access fees, and “unreasonable” conditions and requirements related to the process. ACA executive Brian Hurley outlined a shot-clock-type framework and said the ACA believes unreasonable permitting rules should cover things like deployment depth and indemnification requirements involved with repaving or sidewalk repair. Perhaps most importantly, ACA wants the FCC to enforce any guidelines or requirements it establishes to support faster deployments rather than forcing providers to file petitions or take cases of non-compliance by state and local entities to court.
USTelecom separately released its own fact sheet outlining “three concrete actions” it wants the FCC to take. The group first wants the FCC to establish “uniform national timelines” for permitting, such as no more than 60 days for standard wireline project permits and no more than 90 days for more complex or cross jurisdictions buildouts. Secondly, it suggested the FCC to use its 5G deployment playbook for wireline and require that permitting come with “cost-based, transparent, and non-discriminatory fees” and eliminate unreasonable requirements (such as revenue-based, technology-based, or per-foot charges). The third USTelecom pillar calls for the FCC to take the reins and enforce coordination among states and localities to streamline and standardize the process. The group also pointed out that delays around permitting could put BEAD deployments at risk given the program’s short buildout timeframe.
While the FCC takes comments on the permitting issue, broadband permitting has also been the subject of legislation introduced in the U.S. House of Representatives. Telecompetitor reported that a bill package aims to “streamline the permitting process for broadband and other telecom-related projects.” FCC Chairman Brendan Carr threw his support behind the legislation, arguing that “common-sense permitting reforms will help unleash additional broadband infrastructure bills” while expanding high-speed connectivity and driving down costs to consumers. Cable group NCTA also supports the legislation package as a way to remove “regulatory impediments,” per Ars Technica. But not everyone favors the reforms. Broadband Breakfast reported that Republicans in Congress consider permitting a stumbling block to quicker broadband deployments but said Democrats have concerns that any streamlining of the process will eliminate environmental, local, and tribal safeguards. Local governments also aren’t too keen on having the federal government strip their regulatory autonomy and oversight for the sake of speeding up the approval process.
