Bipartisan Bill Aims to Streamline Broadband Permit Review Process 

By Lawson Faulkner

On Monday, a bipartisan coalition of senators introduced legislation to streamline the federal permit review process for broadband projects. The Accelerating Broadband Permits Act, cosponsored by Sens. John Thune (R-S.D.), John Barrasso (R-Wyo.) and Ben Ray Luján (D-N.M.), aims to overhaul tracking systems for broadband project applications, resolving key issues over data reliability and processing times for several federal agencies. 

The legislation relies heavily on the recommendations of an April report from the Government Accountability Office, which aimed to address project tracking system dysfunction within the Bureau of Land Management (BLM) and the Forest Service. Traditionally, these agencies are tasked with processing applications for broadband installation on federal land. Senators Thune and Luján had also solicited comments on potentially consolidating and streamlining overlapping broadband programs last year, for which Digital Liberty submitted comments.

According to the GAO report, from 2018 until 2022, 24% of BLM applications and 41% of Forest Service applications exceeded the 270-day processing deadline. More concerningly, even for applications that managed to escape processing purgatory, 7% of Forest Service records and 42% of BLM records contained “incomplete or inaccurate information”, jeopardizing the record-keeping process for countless broadband projects. 

In a May letter addressed to both federal agencies, Sens. Thune and Barasso issued strong criticism, arguing that “the lack of transparency and accountability by the BLM is concerning, especially when it is a clear violation of the law.” This reprimand echoed a similar critique from Rep. Bob Latta (R-Ohio), who may be in line to chair the House Energy and Commerce Committee next year, during an April 2023 hearing on the $42.5 billion BEAD program by the Subcommittee on Technology and Communications. In his testimony, Rep. Latta feared that “without changes to the permitting process and meaningful oversight, all of this money set aside for broadband could be wasted.” Sens. Thune and Barrasso have also stressed that it is “imperative that this funding is utilized in a timely and efficient manner.”  

The Accelerating Broadband Permits Act includes key measures to streamline the process for federal permit reviews. The legislation would require federal agencies to issue an annual report on persistent process delays, while also optimizing current application tracking systems. If a project application is in danger of exceeding the 270-day review threshold, federal agencies will also be required to notify the applicant.  

As Sen. Thune acknowledged, “it is critical that federal agencies are processing broadband permits in a timely fashion and that they are being held accountable for any delays.” Sen. Barrasso also criticized the federal permit processing barrier, highlighting “higher costs for internet providers and delays in closing the digital divide across rural America.” This bipartisan legislation may help to cut through the red tape that has straightjacketed countless broadband initiatives. As Sen. Barrasso continues, “our legislation will improve the application process and allow more projects to move forward and provide our rural communities with reliable internet services.”

This permitting reform bill was incorporated into the PLAN for Broadband Act at the markup by the Senate Commerce Committee on Wednesday. The package was advanced to the full Senate, but the overall product is less than perfect, as most legislation is. A party-line voice vote added funding for the Affordable Connectivity Program without reauthorizing spectrum auctions to pay for them.

Nonetheless, this permitting reform legislation is a welcome development for anyone who cares about judicious uses of taxpayer dollars. The Accelerating Broadband Permits Act is a critical step towards reducing dysfunction and delay within the federal permit review process. By demanding record keeping, accountability, and streamlining tracking systems, this bipartisan legislation provides a glimmer of hope for federal broadband deployment.