Many Draft Measures on Deck for House Broadband Deployment Hearing

“Despite the variety of efforts launched by the executive branch to streamline federal permitting processes, these initiatives do not appear to have yet yielded meaningful change,” said the GOP memo for the hearing, released Monday. “The Subcommittee will consider legislation to bolster the administration’s attempts to clarify the process for reviewing broadband infrastructure projects. This legislation would add accountability and clarity to the process of improving the permitting process. Moreover, the legislation can provide additional authority that is beyond the ambit of the executive branch.”

The Commerce Committee posted the measures on its website without any formal announcement. None of the draft bill texts include author names. Committee Republicans worked with Democrats to produce the drafts, a GOP committee aide told us. He said the Wednesday hearing will help show the possible paths forward for them.

One five-page draft bill on pole attachments “requires federally owned poles to charge the same FCC-determined rate as investor-owned utilities,” “applies a nondiscriminatory access requirement across the board to all pole owners” and “requires states that opt to regulate pole attachments within their own states, certify that the state’s regulation ensures nondiscriminatory access to all broadband service providers,” according to the memo about that text. The draft bill also requires all pole owners to give the FCC rate data, so the agency can report on rate data annually. They must give the commission information about pole locations for its inventory and the FCC must launch an inquiry on the associated costs.

Another draft bill would “establish deadlines for the Administrator of General Services to develop common forms, fees, and master contracts for the location of wireless facilities on Federal property,” its text said. A different 10-page draft would “provide for the establishment of an inventory of Federal assets to provide information to entities that construct or operate broadband facilities or provide broadband service and to provide for the tracking of applications to locate or modify broadband facilities on Federal real property,” the text said, ascribing the responsibility to NTIA. In a 13-page draft, House lawmakers would make changes providing for “streamlining of consideration by the Department of the Interior, the Forest Service, and the Department of Defense of applications to locate or modify broadband facilities.” A final six-page text would “provide for the streamlining and acceleration of the historical review of broadband facilities and for the streamlining and acceleration of the preparation of environmental impact statements regarding such facilities.”

The legislative proposals don't appear “problematic” upon initial consideration, NextCentury Cities Executive Director Deb Socia told us. She is one of the four witnesses testifying Wednesday and was reviewing the draft bills Monday. Any congressional action to decrease the length of time for licensing and permission is “a good thing,” she said, citing the latest measures “efforts to streamline and accelerate the process,” whether for a city or private entity. The bipartisan nature of the recent deployment discussions also gives her hope for the prospects, she said: “We are happy when our cities have fast and affordable broadband, whatever it takes to get there.”

“I think the bills are mostly helpful,” said Fiber to the Home Council Americas President Heather Gold, another witness for the Wednesday hearing. “They appear to build upon the recommendations that came out of the Broadband Opportunity Council report released last month. Giving legislative weight and some further clarifications would be beneficial. Tracking and streamlining the federal permitting process, as well as implementing Dig Once, all would expedite fiber infrastructure deployment. Most helpful would be including all pole owners under the pole attachment requirements and putting teeth into enforcement of the FCC rules and policies surrounding ‘make ready’ work and charges.”

"The issues that the committee is looking to address are all important factors in determining where and how CenturyLink rolls out broadband," said CenturyLink Vice President-Federal Regulatory Affairs Jeb Benedict, another witness for the hearing. "The draft legislation is certainly headed in the right direction."

“PCIA has been working closely with the members and staff of both [Senate and House Commerce] committees on specific legislative ideas and language, a substantial portion of which is now in draft form,” President Jonathan Adelstein told us in a statement. “Whether it’s an effort to promote ‘dig-once’ policy to link the deployment of communications facilities to highway construction, or spur the use of federally owned land to responsibly site wireless infrastructure, or ensure that pole attachment policies do not undercut wireless growth, or work with the [FCC] and other agencies to devise policies that help us meet consumer demand without compromising environmental or historical preservation standards, PCIA will continue to play a constructive role in the development of legislation that sparks jobs, economic growth, and technological development.” Adelstein has testified about the need for overhauling deployment policies this year but isn't set to testify Wednesday.

The Broadband Conduit Deployment Act, introduced by the Communications Subcommittee leadership and touting more than 25 co-sponsors, was referred to the Transportation Committee after its introduction last week (see 1510230048). Transportation Committee Chairman Bill Shuster, R-Pa., dismissed the idea of advancing a similar amendment when it was proposed Thursday. “We haven't reviewed that bill and thus can't comment on it at this time,” a committee spokesman for Shuster told us Friday. The legislation “is a step that has long been recommended by the National Broadband Plan and others as a substantial cost-savings effort in deploying broadband,” the Republican memo contended.