Extensive Slate of Proposed Legislation To Promote Wireless And Broadband Deployment

Maybe the talk about infrastructure will lead to something in the new Congress.  The Republican members of the House Energy & Commerce Committee have touted a list of 28 Bills (some of them were introduced last year) aimed to promoting deployment of broadband.  The Bills include proposals covering various topics, including streamlining local wireless permitting for macro and small wireless facilities, modification of existing wireless facilities, exemption from environmental review requirements, and access to federal properties.  

Some of these Bills would add to existing provisions, such as Section 6409, and some propose to codify rules adopted by the FCC.  Even when they merely codify what the FCC has already done, these can be important steps.  In some cases, Judges have refused to follow FCC Orders, so codifying the FCC's actions may be necessary.  And we know from experience that access to federal lands can be a very difficult process. Likewise, the imposition of certain environmental review requirements on wireless facilities -- but not other communications or utility facilities in the same location -- is a discriminatory impediment.  Congressman Scalise's draft, for example, would declare that the deployment of a small wireless facility does not constitute an undertaking or a major Federal action.  That's a major step.

Whether any of the proposed Bills, or even some nugget of them, will ever be enacted is impossible to predict.  They will likely face opposition from certain corners, but the focus is positive for the industry and for the public that needs greater access to broadband services.