House Commerce Committee Clears Broadband Permitting Bills

WASHINGTON, Dec. 3, 2025 – The House Energy and Commerce Committee cleared a package of seven broadband permitting bills Wednesday. Lawmakers traded barbs over one in particular, a Republican-led effort that would put shot clocks on state and local permit reviews.

Six of the bills were bipartisan and passed unanimously. They included legislation to digitize the permit application process at federal land management agencies and make it easier for ISPs to cross railroad lines.

The railroad bill, the Broadband and Telecommunications RAIL Act, would make it more difficult for railroads to deny an ISP’s crossing application and give the Federal Communications Commission oversight over disputes between broadband providers and railroads, among other things.

Railroad companies aren’t excited about the bill. Association of American Railroads President Ian Jefferies said in a Dec. 2 letter to lawmakers that the industry had “significant concerns” about the safety implications of the bill. AAR argued that telecom work near rail lines could be unsafe if the railroad hasn’t thoroughly vetted the project, a process ISPs complain is lengthy and arbitrary.

Indeed, major broadband trade groups sent their own letter to the committee Wednesday supporting the bill.

“Under the current system, providers encounter long delays, excessive fees, and a lack of any enforceable permitting timelines or cost standards,” they wrote. “The RAIL Act offers the balanced, thoughtful solution that has been missing.”

Sens. Marsha Blackburn, R-Tenn., and Ben Ray Luján, D-N.M., introduced a version of the RAIL Act in the Senate on Nov. 21, soon after the House version cleared the Communications and Technology Subcommittee. 

American Broadband Deployment Act 

The American Broadband Deployment Act, a collection of language from what were previously more than 20 separate bills, took up most of the lawmakers’ attention Wednesday. The bill passed on a 26-24 party-line vote.

The package, supported by Republicans and opposed by Democrats, would make a host of changes to federal, state, and local permitting processes, all aimed at making the process easier and faster for broadband providers looking to deploy networks.

The sticking point was provisions that would give state and local permitting agencies between 60 and 150 days, depending on the situation, to approve or deny requests to build or modify broadband infrastructure. After that, the request would be deemed approved.

For Democratic opponents, the bill would wrest control from understaffed agencies that don’t have the resources to evaluate complicated applications in the required timeframes. 

“The federal shot clocks force local governments to gamble with public safety and surrender control to private companies,” said Rep. Nanette Barragán, D-Calif.

Rep. Morgan Griffith, R-Va., said in defense of the bill that localities could always deny an application because they needed more information and make a provider reapply.

“If you choose to put the application, or the request for the permit into an obscure box somewhere and never get around to answering it, then the answer is going to be yes under this bill. That’s true,” he said.

Local governments do indeed oppose the legislation. In a joint letter several groups representing localities urged lawmakers to vote against bills that were folded into the American Broadband Deployment Act, including the shot clock provision.

“These bills represent an unprecedented federal intrusion into established local decision-making processes, favoring large broadband, telecommunications, wireless, and cable companies at the expense of residents and taxpayers,” they wrote in a letter to lawmakers. “These bills strip local governments of the ability to effectively manage the infrastructure built on local streets and in neighborhoods, while imposing no reciprocal obligations on providers.”

The letter was signed by the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and the National Association of Telecommunications Officers and Advisors.

Industry groups were pleased to see the committee clear the bill and the other broadband permitting legislation.

“A national broadband permitting framework that provides a path to accelerated connectivity in every community in America while respecting the important role of local governments is essential,” Wireless Infrastructure Association CEO Patrick Halley said in a statement. “In particular, we thank Rep. Buddy Carter for his leadership in championing the American Broadband Deployment Act of 2025 and we urge the full House to act swiftly. Passing these critical bills will unlock connectivity everywhere and power America’s digital future.”  

When the Communications Subcommittee cleared the bills last month, FCC Chairman Brendan Carr said he was happy to see them move forward.

The FCC is undertaking two proceedings seeking comment on state and local rules the companies say are holding up both wireline and wireless deployment. The ultimate goal is to potentially preempt rules using the agency’s power under the Communications Act, similar to steps the agency took around small cell permits in 2018. 

With the Commerce Committee’s approval, the full House could now vote on the legislation. The Senate would also have to approve the bills before they became law.

Last Congress, a package of broadband permitting bills similar to the American Broadband Deployment Act failed to make it out of the House.