House committee advances local authority preemption bill for broadband deployment projects

Image of GettyImages-1261105375.jpg

Key Takeaways

On Wednesday, May 24, the House Energy and Commerce Committee passed out of the full committee an amendment in the nature of a substitute titled the American Broadband Deployment Act of 2023 (H.R. 3557). H.R. 3557 would enact new restrictions on a variety of state and local land use and zoning authorities pertaining to the deployment of telecommunications infrastructure, including both wireless deployment and wireline deployment, as well as impose limitations on the ability for counties to negotiate and renew cable franchise agreements. The bill passed on a party-line vote of 27-23.

The following provisions are of concern for counties and are included in H.R. 3557:

  • Preemption of state and local zoning authority over the placement of wireless technologies, including towers, equipment, and small cells;
  • Elimination of state and local government authority to manage public rights-of-way (ROW) by collecting fair market compensation for their use and management, and limiting ROW fees to ”actual, objectively reasonable costs";
  • Enactment of shot clock rules and “deemed granted” provisions which place timelines for the review and approval of telecommunications projects;
  • Prohibition of state and local governments from revoking cable franchises.

The National Association of Counties (NACo), alongside local government organization partners the National League of Cities (NLC), the U.S. Conference of Mayors (USCM), and the National Association of Telecommunications Officers and Advisors (NATOA) urged the House Subcommittee on Communications and Technology to reject legislation that would infringe upon local authorities prior to an April 19 markup of the component bills to H.R. 3557. A link to the letter can be found here.

Counties strongly urge Congress to preserve all local land use and zoning authorities throughout the stages of deployment of broadband infrastructure projects. Counties stand ready to serve as partners in the deployment of broadband infrastructure projects, and a preemption of local decision-making authority would only subvert the intentions of historic federally-funded broadband programs by reducing the ability of counties to ensure deployment projects will meet all community needs.

NACo will be hosting a national membership call on the legislation on Friday, June 2 at 3 p.m. EDT. You can register for the call here. NACo will continue to monitor the issue and provide updates to membership as needed.

Related News

FCC
Advocacy

FCC appoints county leaders to Intergovernmental Advisory Committee

On March 12, the Federal Communications Commission announced new members to the Intergovernmental Advisory Committee, including its appointment of the seven county representatives.

THE_County Countdown_working_image-4.png
Advocacy

County Countdown – March 5, 2024

Every other week, NACo’s County Countdown reviews top federal policy advocacy items with an eye towards counties and the intergovernmental partnership.

Rep. Marc Molinaro (R-N.Y.) speaks in support of an extension of the Affordable Connectivity Program Tuesday at a Capitol Hill press conference. Fellow members of Congress and county officials also took turns speaking at the rally. Photo by Denny Henry
County News

County officials, members of Congress team up to support extension of Affordable Connectivity Program

Several members of Congress teamed up with county officials Tuesday, Feb. 13 at a Capitol Hill press conference to show their support for extending the Affordable Connectivity Program, which provides internet access to more than 23 million households across the country.