GOP overhaul of broadband permit laws: Cities hate it, cable companies love it

US Rep. Richard Hudson (R-N.C.), the subcommittee chairman, defended the bills at today’s hearing. “These reforms will add much-needed certainty, predictability, and accountability to the broadband permitting process and help expedite deployment,” he said.

Cable lobby group NCTA called the hearing “important progress” toward “the removal of regulatory impediments that slow deployment to unserved areas.” Another cable lobby group, America’s Communications Association, said the permitting reform bills “will strip away red tape and enable broadband, cable, and telecommunications providers to redirect resources to upgrading and expanding their networks and services, especially in rural areas.”

$42 billion program delays

Much of the debate centered on a $42 billion federal program that was created in a November 2021 law to subsidize broadband construction in areas without modern access. The Trump administration threw out a Biden-era plan for distributing the Broadband Equity, Access, and Deployment (BEAD) program funds, forcing state governments to rewrite their plans and cut costs, delaying the projects’ start. Money still hasn’t been distributed, though the Trump administration today said it approved the rewritten plans of 18 states and territories.

Hudson alleged that BEAD suffered from “four years of delays caused by the Biden-Harris administration,” though the Biden administration had approximately three years to set up the program. Hudson said that “permitting reform is essential” to prevent the money from being “tied up in further unnecessary reviews and bureaucratic delays.”

The bills set varying deadlines for different types of network projects, ranging from 60 days to 150 days. One bill demands that permit fees for BEAD construction projects be based on the local government’s “actual and direct costs.” Another stipulates that certain environmental and historical preservation reviews aren’t required when removing equipment targeted by a 2019 law on foreign technology deemed to be a security risk.

Rep. Doris Matsui (D-Calif.), the subcommittee’s top Democrat, said during the hearing that she won’t support “proposals that force local governments to meet tight deadlines without any extra staff or funding.” She said that if the “shot clock” specified in the legislation “runs out, the project is automatically approved. That may sound like a way to speed things up but in reality, it cuts out community input, leads to mistakes and sets us up for more delays down the road. If we want faster reviews, we should give local communities more help, not take away their say.”