Congressional Action Might be Critical for Broadband Permitting Reform
The American Broadband Deployment Act could provide needed statutory authority for permitting reforms, panelists said.
WASHINGTON, Dec. 8, 2024 - The Supreme Court's recent overturning of Chevron deference has made congressional action increasingly vital for lasting broadband infrastructure permitting reforms, industry experts said during a Broadband Breakfast Live Online event Wednesday.
"With the death of [Chevron deference], getting Congress to speak clearly on this is more important than ever because a lot of the streamlining has been coming from the agencies for decades," said Stephen Keegan, senior counsel of government and legal affairs at the Wireless Infrastructure Association.
"The death of Chevron is great if you don't like a rule. It's not so great if you do like a rule because it's just as easily challenged under that kind of framework," he said.
Stephen Keegan
The American Broadband Deployment Act (H.R. 3557), which passed out of the House Energy and Commerce Committee in 2023, could provide needed statutory authority for permitting reforms if reintroduced in the next Congress, said Keegan. The bill would codify Federal Communications Commission reforms from the Trump administration.
It also establishes strict timelines for local authorities to review telecom permit applications, with permits being automatically approved if the authorities don't act within the specified timeframe.
Ryan Kudera, manager of client services at Finley Engineering and former Wyoming broadband director, emphasized that inconsistent interpretation of rules across agencies and regions creates additional complications.
"We've had projects we've gotten started, got several hundred thousand dollars in the ground and been stopped because of a change of mindset at an agency," Kudera said. "While some aspects were helpful on the federal permitting, it kind of led to more individualistic interpretations out in the field."
The experts noted that federal permitting processes, which involve environmental and historic preservation reviews, can create substantial delays.
"Our members joke it takes two years to put up a tower, about a week to actually construct the tower, and the other hundred and eight weeks to get the permits approved," Keegan said.
Recent administrative reforms have attempted to streamline the process. The National Telecommunications and Information Administration entered into a new national programmatic agreement to expedite environmental and historic preservation reviews for federally funded projects. However, without congressional action, such agency-led reforms could face increased legal challenges under the new Supreme Court framework.
"If I was to have a big wish list, I think one of the largest ones would be to coordinate and streamline permits," Kudera said. "A permit's a permit for plowing in the ground... Realistically it could be boiled down to at least one or two pots of soup instead of 20."
Looking ahead to a potential Trump administration, Keegan expressed optimism about further deregulation efforts. "We're hopeful that the new administration will take this on," he said, noting that the incoming Federal Communications Commission’s chairman Brendan Carr has been "a huge champion on this front."
