[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1241 Introduced in House (IH)]
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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
infrastructure, 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 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
infrastructure, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Incentives for Communities
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress has provided $12,000,000,000 since 2010 in
competitive grants and financial assistance to expand broadband
connections to unserved rural and underserved low-income
communities.
(2) Local governments play a significant role in the
deployment of broadband infrastructure through their zoning and
permitting processes.
(3) Local governments will need additional assistance to
manage the expected accelerated pace of zoning and permitting
applications that facilitate the deployment of broadband
infrastructure in their communities.
(4) The Federal Government has a critical role to play in
encouraging the deployment of broadband infrastructure by local
governments.
(5) The establishment of a competitive grant program to
provide resources to, and incentives for, local governments to
fulfill their role in expanding broadband access for all is a
vital component of a successful broadband deployment policy.
SEC. 3. BROADBAND INCENTIVES FOR COMMUNITIES GRANT PROGRAM.
(a) Establishment.--The Assistant Secretary shall establish a
program to make grants on a competitive basis to covered entities to
assist such entities in providing efficient review and approval of
covered applications.
(b) Eligibility.--The Assistant Secretary may only make a grant
under this section to a covered entity that does the following:
(1) The covered entity submits to the Assistant Secretary
an application at such time, in such form, and accompanied by
such information and assurances as the Assistant Secretary may
require.
(2) The covered entity demonstrates readiness for the
deployment of broadband infrastructure (including fifth-
generation wireless communications infrastructure) in the
jurisdiction of the covered entity, including through the
following:
(A) Adoption and implementation of efficient
processes, which comply with applicable Federal
standards and regulations, for reviewing covered
applications that facilitate wireless and fiber
deployment, including those applications relating to
projects that make efficient use of existing
infrastructure.
(B) Adoption and implementation of written
policies, ordinances, or guidance that allows the use
of expedited processes, such as micro-trenching, for
the deployment of broadband infrastructure.
(C) With respect to fees for the processing of
covered applications--
(i) in the case of a covered application
described in subparagraph (A), adoption and
implementation of fees that are limited to the
actual, objectively reasonable costs incurred
by the covered entity to process the
application and (if applicable) provide access
to the right-of-way to which the application
relates; and
(ii) in the case of any other covered
application, adoption and implementation of
uniform and objectively reasonable fees, which
shall be published in advance of the date on
which such fees begin to apply to any such
application.
(c) Use of Funds.--A covered entity that receives a grant under
this section shall use the grant for one or more of the following:
(1) Capacity-building for the covered entity to facilitate
the processing of covered applications, including employee
training and hiring.
(2) The purchase of technology, software, and equipment to
facilitate the processing of covered applications, including in
a remote work environment.
SEC. 4. LOCAL BROADBAND ADVISORY COUNCIL.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary shall establish an
advisory council, to be known as the ``Local Broadband Advisory
Council'', to develop solutions to the challenges shared by local
jurisdictions, covered entities, and infrastructure providers in
facilitating wireless and broadband deployment, including in unserved
and underserved communities.
(b) Membership.--The Council shall be composed of broadband
deployment stakeholders appointed by the Assistant Secretary, including
representatives from the broadband industry, infrastructure providers,
local governments, and covered entities.
(c) Report.--Not later than 1 year after the Council is established
under subsection (a), the Council shall submit to the Assistant
Secretary and Congress a report on the solutions developed under such
subsection.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Assistant Secretary
such sums as may necessary to carry out this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband infrastructure.--The term ``broadband
infrastructure'' means facilities or equipment utilized for the
provision of broadband internet access service (as defined in
section 8.1(b) of title 47, Code of Federal Regulations).
(3) Council.--The term ``Council'' means the Local
Broadband Advisory Council established under section 4.
(4) Covered application.--The term ``covered application''
means a zoning or permitting application that facilitates the
deployment of broadband infrastructure.
(5) Covered entity.--The term ``covered entity'' means--
(A) a political subdivision of a State; or
(B) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
(6) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
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