[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5058 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5058

 To direct the Assistant Secretary of Commerce for Communications and 
 Information to establish a competitive grant program to assist local 
 governments in providing efficient review and approval of zoning and 
  permitting applications that facilitate the deployment of broadband 
                infrastructure, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 20, 2021

Mrs. Fletcher introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Assistant Secretary of Commerce for Communications and 
 Information to establish a competitive grant program to assist local 
 governments in providing efficient review and approval of zoning and 
  permitting applications that facilitate the deployment of broadband 
                infrastructure, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Incentives for Communities 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress has provided $12,000,000,000 since 2010 in 
        competitive grants and financial assistance to expand broadband 
        connections to unserved rural and underserved low-income 
        communities.
            (2) Local governments play a significant role in the 
        deployment of broadband infrastructure through their zoning and 
        permitting processes.
            (3) Local governments will need additional assistance to 
        manage the expected accelerated pace of zoning and permitting 
        applications that facilitate the deployment of broadband 
        infrastructure in their communities.
            (4) The Federal Government has a critical role to play in 
        encouraging the deployment of broadband infrastructure by local 
        governments.
            (5) The establishment of a competitive grant program to 
        provide resources to, and incentives for, local governments to 
        fulfill their role in expanding broadband access for all is a 
        vital component of a successful broadband deployment policy.

SEC. 3. BROADBAND INCENTIVES FOR COMMUNITIES GRANT PROGRAM.

    (a) Establishment.--The Assistant Secretary shall establish a 
program to make grants on a competitive basis to covered entities to 
assist such entities in providing efficient review and approval of 
covered applications.
    (b) Eligibility.--The Assistant Secretary may only make a grant 
under this section to a covered entity that does the following:
            (1) The covered entity submits to the Assistant Secretary 
        an application at such time, in such form, and accompanied by 
        such information and assurances as the Assistant Secretary may 
        require.
            (2) The covered entity demonstrates readiness for the 
        deployment of broadband infrastructure (including fifth-
        generation wireless communications infrastructure) in the 
        jurisdiction of the covered entity, including through the 
        following:
                    (A) Adoption and implementation of efficient 
                processes, which comply with applicable Federal 
                standards and regulations, for reviewing covered 
                applications that facilitate wireless and fiber 
                deployment, including those applications relating to 
                projects that make efficient use of existing 
                infrastructure.
                    (B) Adoption and implementation of written 
                policies, ordinances, or guidance that allows the use 
                of expedited processes, such as micro-trenching, for 
                the deployment of broadband infrastructure.
                    (C) With respect to fees for the processing of 
                covered applications--
                            (i) in the case of a covered application 
                        described in subparagraph (A), adoption and 
                        implementation of fees that are limited to the 
                        actual, objectively reasonable costs incurred 
                        by the covered entity to process the 
                        application and (if applicable) provide access 
                        to the right-of-way to which the application 
                        relates; and
                            (ii) in the case of any other covered 
                        application, adoption and implementation of 
                        uniform and objectively reasonable fees, which 
                        shall be published in advance of the date on 
                        which such fees begin to apply to any such 
                        application.
    (c) Use of Funds.--A covered entity that receives a grant under 
this section shall use the grant for one or more of the following:
            (1) Capacity-building for the covered entity to facilitate 
        the processing of covered applications, including employee 
        training and hiring.
            (2) The purchase of technology, software, and equipment to 
        facilitate the processing of covered applications, including in 
        a remote work environment.

SEC. 4. LOCAL BROADBAND ADVISORY COUNCIL.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Assistant Secretary shall establish an 
advisory council, to be known as the ``Local Broadband Advisory 
Council'', to develop solutions to the challenges shared by local 
jurisdictions, covered entities, and infrastructure providers in 
facilitating wireless and broadband deployment, including in unserved 
and underserved communities.
    (b) Membership.--The Council shall be composed of broadband 
deployment stakeholders appointed by the Assistant Secretary, including 
representatives from the broadband industry, infrastructure providers, 
local governments, and covered entities.
    (c) Report.--Not later than 1 year after the Council is established 
under subsection (a), the Council shall submit to the Assistant 
Secretary and Congress a report on the solutions developed under such 
subsection.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Assistant Secretary 
such sums as may necessary to carry out this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means facilities or equipment utilized for the 
        provision of broadband internet access service (as defined in 
        section 8.1(b) of title 47, Code of Federal Regulations).
            (3) Council.--The term ``Council'' means the Local 
        Broadband Advisory Council established under section 4.
            (4) Covered application.--The term ``covered application'' 
        means a zoning or permitting application that facilitates the 
        deployment of broadband infrastructure.
            (5) Covered entity.--The term ``covered entity'' means--
                    (A) a political subdivision of a State; or
                    (B) an Indian Tribe (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)).
            (6) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
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