On October 28,
2015, the Subcommittee on Communications and Technology within the House
Committee on Energy and Commerce held a hearing titled “Breaking Down
Barriers to Broadband Infrastructure Deployment.” The hearing
focused on six different proposals, which are all summarized in the hearing’s background memo. These six drafts
represent a positive step towards reducing regulatory barriers and
incentivizing more broadband deployment.
One of the big issues
that is addressed in several of the discussion drafts is the costly approval process
of deploying broadband infrastructure on federal land. Scott Bergmann, VP of Regulatory
Affairs at CTIA - The Wireless Association, said in his written testimony that 28 percent
of land in the United States is held by the federal government, along with
thousands of federal buildings across the country. But he said the approval
process to install broadband infrastructure on federal property can take many years.
Chairman Walden gave
an example from his district. The town of Mitchell, Oregon has waited two and a
half years for permission from the Bureau of Land Management to deploy four power
poles so the town can have three-phase electric power. If it takes that long
for permission to build electrical infrastructure, it probably takes even
longer for permission to build broadband infrastructure.
While the draft
legislation would help streamline federal permitting processes, it would not
implement a “shot clock” for the review process. Mr. Bergmann said that this
simple change would streamline deployment tremendously and has helped broadband
providers at local levels. In 2009, the FCC initiated rules which require
municipalities to respond to broadband deployment applications within 90 or 150
days, depending on the type of request. In 2012 as part of the Middle Class Tax
Relief and Job Creation Act, Congress required states and municipalities to
allow any “modification of an existing wireless tower or base station that does
not substantially change the physical dimensions of such tower or base
station.”
Mr. Bergmann asked
Congress to adopt legislation that would create deadlines for federal agencies
to respond to requests to deploy on federal lands, buildings, or other
properties. Sometimes the only way to reach rural consumers is through federal
property. Without undermining national security or other important federal
projects, this small change would have very large effects. Not only would this
increase revenue for the federal government because providers would pay for
access, but it would increase the quality of Internet access for military
bases, tribal lands, and other remote areas.
Mr. Bergmann
stated that “sound infrastructure policy is a necessary complement to good
spectrum policy.” Of course, more spectrum is
needed
in order to keep up with projected mobile demand. But, in the meantime,
reducing infrastructure barriers is a technology-neutral government action. Implementing
a “dig once” policy (proposed in one piece
of draft legislation) would lower the construction costs of broadband
deployment for all broadband technologies, and implementing a shot clock for
federal agencies would lower administrative costs, helping wireless and
wireline providers reach underserved areas.
In general, it is
an important and positive step to see draft legislation that would reduce
infrastructure barriers because such legislation would avail resources that
providers can use to better serve consumers.
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