    [House Report 119-488]
    [From the U.S. Government Publishing Office]

    119th Congress    }                                    { Rept. 119-488
                            HOUSE OF REPRESENTATIVES
     2d Session       }                                    {    Part 1

    ======================================================================

           STANDARD FEES TO EXPEDITE EVALUATION AND STREAMLINING ACT

                                    _______

                    February 4, 2026.--Ordered to be printed

                                    _______

     Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
                                   following

                                  R E P O R T

                            [To accompany H.R. 1731]

        The Committee on Energy and Commerce, to whom was referred
    the bill (H.R. 1731) to amend the Middle Class Tax Relief and
    Job Creation Act of 2012 to establish a uniform fee schedule
    applicable to the processing of forms for the consideration of
    applications for the placement of communications facilities on
    certain buildings and other property owned by the Federal
    Government, and for other purposes, having considered the same,
    reports favorably thereon without amendment and recommends that
    the bill do pass.

                                    CONTENTS

                                                                       Page
    Purpose and Summary..............................................     2
    Background and Need for Legislation..............................     2
    Committee Action.................................................     2
    Committee Votes..................................................     3
    Oversight Findings and Recommendations...........................     5
    New Budget Authority, Entitlement Authority, and Tax Expenditures     5
    Congressional Budget Office Estimate.............................     5
    Federal Mandates Statement.......................................     5
    Statement of General Performance Goals and Objectives............     5
    Duplication of Federal Programs..................................     5
    Related Committee and Subcommittee Hearings......................     5
    Committee Cost Estimate..........................................     6
    Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     6
    Advisory Committee Statement.....................................     6
    Applicability to Legislative Branch..............................     6
    Section-by-Section Analysis of the Legislation...................     6
    Changes in Existing Law Made by the Bill, as Reported............     7

                              Purpose and Summary

        H.R. 1731, the ``Standard Fees to Expedite Evaluation and
    Streamlining (FEES) Act,'' was introduced on February 27, 2025,
    by Representatives Gary Palmer (R-AL) and Patrick Ryan (D-NY).
    It would direct the General Services Administration to
    establish a uniform fee schedule for the processing and
    consideration of applications to place communications
    facilities on federal property.

                      Background and Need for Legislation

        The United States faces a persistent digital divide.
    According to the Federal Communications Commission,
    approximately 5.8 million homes and businesses lack access to
    fixed broadband at 25 Mbps download/3 Mbps upload, while 31
    percent of the geographic area of the United States lacks 4G
    LTE mobile broadband coverage at speeds of 5 Mbps/1 Mbps.\1\
    Many of these unserved locations are near property owned by the
    federal government. Thus, a broadband provider seeking to serve
    an unserved area may need to access this property to deploy its
    infrastructure. This property is managed by agencies such as
    the Department of Interior and Department of Agriculture, which
    are responsible for reviewing applications for broadband
    deployment on this property.
    ---------------------------------------------------------------------------
        \1\Fed. Commc'n. Comm'n., FCC National Broadband Map, https://
    broadbandmap.fcc.gov/home (last updated Sept. 3, 2025).
    ---------------------------------------------------------------------------
        Federal agencies assess fees for reviewing applications and
    using their land. These fees, however, vary by agency and may
    not be publicly available or disclosed in advance of a
    communications provider applying for a permit. Only two major
    land management agencies, the Bureau of Land Management\2\ and
    the U.S. Forest Service,\3\ have adopted a publicly available
    fee schedule, and these only apply to rental fees. The
    unpredictable and inconsistent fees broadband providers face
    make planning for deployment difficult. A standard fee schedule
    would provide broadband providers with certainty about the fees
    they must pay the federal government when deploying on federal
    property.\4\ Providers will know the fees in advance and have
    assurance that they are consistent regardless of the agency.
    ---------------------------------------------------------------------------
        \2\Bureau of Land Mgmt, Rental Fee Schedule for Communications
    Uses, Calendar Year 2023 (2023), https://www.blm.gov/sites/default/
    files/docs/2022-09/2023%20Rental%20Fee%20Schedule
    %20for%20Communications%20Uses.pdf.
        \3\US Forest Service, Rental Fee Schedule for Communications Uses,
    Calendar Year 2023 (2023), https://www.fs.usda.gov/sites/default/files/
    rental-fee-schedule-for-communications-uses-2023.pdf.
        \4\Breaking Barriers: Streamlining Permitting to Expedite Broadband
    Deployment, Hearing before the Sub. on Commc'n. and Tech., H. Comm. on
    Energy and Commerce, 118th Cong. (2023) (``Permitting Hearing'')
    (Written Testimony of Ernesto Falcon at 12).
    ---------------------------------------------------------------------------

                                Committee Action

        On March 5, 2025, the Subcommittee on Communications and
    Technology held a hearing entitled, ``Fixing Biden's Broadband
    Blunder.'' The Subcommittee received testimony from:
               Grant Spellmeyer, President and CEO, ACA
            Connects
               Tim Donovan, President and CEO, Competitive
            Carriers Association
               Greg Hale, CEO, LTC Connect
               Sarah Morris, Former Acting Deputy
            Administrator, National Telecommunications and
            Information Administration
        On September 18, 2025, the Subcommittee on Communications
    and Technology held a legislative hearing entitled, ``Examining
    Solutions to Expedite Broadband Permitting.'' The Subcommittee
    received testimony from:
               Jonathan Spalter, President and CEO,
            USTelecom--The Broadband Association
               Patrick Halley, President and CEO, Wireless
            Infrastructure Association
               Staci Pies, Senior Vice President of
            Government Affairs and Policy, INCOMPAS
               Drew Garner, Director of Policy Engagement,
            Benton Institute for Broadband & Society
        On November 18, 2025, the Subcommittee on Communications
    and Technology met in open markup session and forwarded H.R.
    1731, without amendment, to the full Committee by a voice vote.
    On December 3, 2025, the full Committee on Energy and Commerce
    met in open markup session and ordered H.R. 1731, without
    amendment, favorably reported to the House by a record vote of
    49 yeas and 0 nays.

                                Committee Votes

        Clause 3(b) of rule XIII requires the Committee to list the
    record votes on the motion to report legislation and amendments
    thereto. The following reflects the record votes taken during
    the Committee consideration:
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                     Oversight Findings and Recommendations

        Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
    rule XIII, the Committee held a hearing and made findings that
    are reflected in this report.

       New Budget Authority, Entitlement Authority, and Tax Expenditures

        Pursuant to clause 3(c)(2) of rule XIII, the Committee
    finds that H.R. 1731 would result in no new or increased budget
    authority, entitlement authority, or tax expenditures or
    revenues.

                      Congressional Budget Office Estimate

        Pursuant to clause 3(c)(3) of rule XIII, at the time this
    report was filed, the cost estimate prepared by the Director of
    the Congressional Budget Office pursuant to section 402 of the
    Congressional Budget Act of 1974 was not available.

                           Federal Mandates Statement

        The Committee adopts as its own the estimate of Federal
    mandates prepared by the Director of the Congressional Budget
    Office pursuant to section 423 of the Unfunded Mandates Reform
    Act.

             Statement of General Performance Goals and Objectives

        Pursuant to clause 3(c)(4) of rule XIII, the general
    performance goal or objective of this legislation is to
    expedite broadband deployment by streamlining the permitting
    process at the federal, state, and local level.

                        Duplication of Federal Programs

        Pursuant to clause 3(c)(5) of rule XIII, no provision of
    H.R. 1731 is known to be duplicative of another Federal
    program, including any program that was included in a report to
    Congress pursuant to section 21 of Public Law 111-139 or the
    most recent Catalog of Federal Domestic Assistance.

                  Related Committee and Subcommittee Hearings

        Pursuant to clause 3(c)(6) of rule XIII, the following
    related hearing was used to develop or consider H.R. 1731:
               On March 5, 2025, the Subcommittee on
            Communications and Technology held a hearing entitled,
            ``Fixing Biden's Broadband Blunder.'' The Subcommittee
            received testimony from:
                       Grant Spellmeyer, President and
                    CEO, ACA Connects
                       Tim Donovan, President and CEO,
                    Competitive Carriers Association
                       Greg Hale, CEO, LTC Connect
                       Sarah Morris, Former Acting
                    Deputy Administrator, National
                    Telecommunications and Information
                    Administration
               On September 18, 2025, the Subcommittee on
            Communications and Technology held a hearing on H.R.
            1665. The title of the hearing was ``Examining
            Solutions to Expedite Broadband Permitting.'' The
            Subcommittee received testimony from:
                       Jonathan Spalter, President and
                    CEO, USTelecom--The Broadband Association
                       Patrick Halley, President and
                    CEO, Wireless Infrastructure Association;
                       Patrick Halley, President and
                    CEO, Wireless Infrastructure Association; and,
                       Drew Garner, Director of Policy
                    Engagement, Benton Institute for Broadband &
                    Society

                            Committee Cost Estimate

        Pursuant to clause 3(d)(1) of rule XIII, the Committee
    adopts as its own the cost estimate prepared by the Director of
    the Congressional Budget Office pursuant to section 402 of the
    Congressional Budget Act of 1974. At the time this report was
    filed, the estimate was not available.

           Earmark, Limited Tax Benefits, and Limited Tariff Benefits

        Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
    Committee finds that H.R. 1731 contains no earmarks, limited
    tax benefits, or limited tariff benefits.

                          Advisory Committee Statement

        No advisory committees within the meaning of section 5(b)
    of the Federal Advisory Committee Act were created by this
    legislation.

                      Applicability to Legislative Branch

        The Committee finds that the legislation does not relate to
    the terms and conditions of employment or access to public
    services or accommodations within the meaning of section
    102(b)(3) of the Congressional Accountability Act.

                 Section-by-Section Analysis of the Legislation

    Section 1. Short title

        This section provides that the Act may be cited as the
    ``Standard Fees to Expedite Evaluation and Streamlining Act''
    or the ``Standard FEES Act.''

    Section 2. Establishment of uniform fee schedule applicable to the
            processing of certain forms

        Subsection (a) would amend Section 6409 of the Middle Class
    Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) by
    inserting a new subsection (d).
        The new subsection (d)(1) of Section 6409 would direct the
    Administrator of General Services to establish a uniform
    schedule of fees for the processing of applications to deploy
    communications facilities on federal property.
        Subsection (d)(2) would establish the guidelines for the
    new fee schedule. These guidelines would require the fees to be
    based on the direct costs incurred by an agency for processing
    an application and require that the fees be competitively
    neutral.
        Subsection (d)(3) would permit exceptions to the fee
    schedule that are:
               Competitively neutral regarding the
            individuals or entities receiving the exception;
               In consideration of the public benefit of
            granting access to the federal property or for entering
            into a contract for the placement of the communications
            facility on federal property; and,
               In the interest of expanding broadband
            deployment.
        Subsection (d)(4) would require the head of each executive
    agency to adopt by regulation the fees that correspond to the
    new fee schedule and any exceptions established to that fee
    schedule.
        Under subsection (d)(5), any fee collected by an executive
    agency would only be available to the extent, and in such
    amounts, as are provided in advance in appropriation Acts, to
    the agency to cover the costs of processing the application. In
    other words, the agency may not use the fees collected for any
    purpose Congress has not previously appropriated.
        Subsection (d)(6) would state that any fee charged under
    this fee schedule would supersede any other fee applicable to
    the processing of an application to deploy a communications
    facility on federal land chargeable under another statute.
        Subsection (b)(1) of H.R. 1731 would direct the
    Administrator of the GSA to establish the fee schedule required
    under this Act within 30 days of enactment.
        Subsection (b)(2) would direct executive agencies to adopt
    the fees and exceptions required under this Act within 120 days
    of establishment by the Administrator of the GSA.

             Changes in Existing Law Made by the Bill, as Reported

      In compliance with clause 3(e) of rule XIII of the Rules of
    the House of Representatives, changes in existing law made by
    the bill, as reported, are shown as follows (existing law
    proposed to be omitted is enclosed in black brackets, new
    matter is printed in italics, and existing law in which no
    change is proposed is shown in roman):

              MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2012

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      TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM
    AUCTIONS

               *       *       *       *       *       *       *

    Subtitle D--Spectrum Auction Authority

               *       *       *       *       *       *       *

    SEC. 6409. WIRELESS FACILITIES DEPLOYMENT.

      (a) Facility Modifications.--
              (1) In general.--Notwithstanding section 704 of the
            Telecommunications Act of 1996 (Public Law 104-104) or
            any other provision of law, a State or local government
            may not deny, and shall approve, any eligible
            facilities request for a modification of an existing
            wireless tower or base station that does not
            substantially change the physical dimensions of such
            tower or base station.
              (2) Eligible facilities request.--For purposes of
            this subsection, the term ``eligible facilities
            request'' means any request for modification of an
            existing wireless tower or base station that involves--
                      (A) collocation of new transmission
                    equipment;
                      (B) removal of transmission equipment; or
                      (C) replacement of transmission equipment.
              (3) Applicability of environmental laws.--Nothing in
            paragraph (1) shall be construed to relieve the
            Commission from the requirements of the National
            Historic Preservation Act or the National Environmental
            Policy Act of 1969.
      (b) Federal Easements, Rights-of-way, and Leases.--
              (1) Grant.--If an executive agency, a State, a
            political subdivision or agency of a State, or a
            person, firm, or organization applies for the grant of
            an easement, right-of-way, or lease to, in, over, or on
            a building or other property owned by the Federal
            Government for the right to install, construct, modify,
            or maintain a communications facility installation, the
            executive agency having control of the building or
            other property may grant to the applicant, on behalf of
            the Federal Government, subject to paragraph (3), an
            easement, right-of-way, or lease to perform such
            installation, construction, modification, or
            maintenance.
              (2) Application.--
                      (A) In general.--The Administrator of General
                    Services shall develop a common form for
                    applications for easements, rights-of-way, and
                    leases under paragraph (1) for all executive
                    agencies that, except as provided in
                    subparagraph (B), shall be used by all
                    executive agencies and applicants with respect
                    to the buildings or other property of each such
                    agency.
                      (B) Exception.--The requirement under
                    subparagraph (A) for an executive agency to use
                    the common form developed by the Administrator
                    of General Services shall not apply to an
                    executive agency if the head of an executive
                    agency notifies the Administrator that the
                    executive agency uses a substantially similar
                    application.
              (3) Timely consideration of applications.--
                      (A) In general.--Not later than 270 days
                    after the date on which an executive agency
                    receives a duly filed application for an
                    easement, right-of-way, or lease under this
                    subsection, the executive agency shall--
                              (i) grant or deny, on behalf of the
                            Federal Government, the application;
                            and
                              (ii) notify the applicant of the
                            grant or denial.
                      (B) Explanation of denial.--If an executive
                    agency denies an application under subparagraph
                    (A), the executive agency shall notify the
                    applicant in writing, including a clear
                    statement of the reasons for the denial.
                      (C) Applicability of environmental laws.--
                    Nothing in this paragraph shall be construed to
                    relieve an executive agency of the requirements
                    of division A of subtitle III of title 54,
                    United States Code, or the National
                    Environmental Policy Act of 1969 (42 U.S.C.
                    4321 et seq.).
                      (D) Point of contact.--Upon receiving an
                    application under subparagraph (A), an
                    executive agency shall designate one or more
                    appropriate individuals within the executive
                    agency to act as a point of contact with the
                    applicant.
      (c) Master Contracts for Communications Facility Installation
    Sitings.--
              (1) In general.--Notwithstanding section 704 of the
            Telecommunications Act of 1996 (Public Law 104-104; 110
            Stat. 151) or any other provision of law, the
            Administrator of General Services shall--
                      (A) develop one or more master contracts that
                    shall govern the placement of communications
                    facility installations on buildings and other
                    property owned by the Federal Government; and
                      (B) in developing the master contract or
                    contracts, standardize the treatment of the
                    placement of communications facility
                    installations on building rooftops or facades,
                    the placement of communications facility
                    installations on rooftops or inside buildings,
                    the technology used in connection with
                    communications facility installations placed on
                    Federal buildings and other property, and any
                    other key issues the Administrator of General
                    Services considers appropriate.
              (2) Applicability.--The master contract or contracts
            developed by the Administrator of General Services
            under paragraph (1) shall apply to all publicly
            accessible buildings and other property owned by the
            Federal Government, unless the Administrator of General
            Services decides that issues with respect to the siting
            of a communications facility installation on a specific
            building or other property warrant nonstandard
            treatment of such building or other property.
              (3) Application.--
                      (A) In general.--The Administrator of General
                    Services shall develop a common form or set of
                    forms for communications facility installation
                    siting applications that, except as provided in
                    subparagraph (B), shall be used by all
                    executive agencies and applicants with respect
                    to the buildings and other property of each
                    such agency.
                      (B) Exception.--The requirement under
                    subparagraph (A) for an executive agency to use
                    the common form or set of forms developed by
                    the Administrator of General Services shall not
                    apply to an executive agency if the head of the
                    executive agency notifies the Administrator
                    that the executive agency uses a substantially
                    similar application.
      (d) Common Fee Schedule.--
              (1) In general.--The Administrator of General
            Services shall establish a uniform schedule of fees
            applicable to the processing of the forms described
            under subsections (b)(2) and (c)(3).
              (2) Fee guidelines.--The schedule of fees established
            under paragraph (1) shall be--
                      (A) based on the direct costs incurred by an
                    agency in processing a form described under
                    subsection (b)(2) or (c)(3); and
                      (B) competitively neutral with respect to any
                    fee established for the processing of a form
                    for a similar use of the building or other
                    property owned by the Federal Government.
              (3) Exceptions.--The Administrator of General
            Services may establish exceptions to the schedule of
            fees established under paragraph (1)--
                      (A) that are competitively neutral with
                    respect to the categories of individuals or
                    entities to be granted the exception;
                      (B) in consideration of the public benefit
                    of--
                              (i) granting an easement, right-of-
                            way, or lease described under
                            subsection (b)(1); or
                              (ii) entering into a contract for the
                            placement of a communications facility
                            installation under subsection (c)(1);
                            and
                      (C) in the interest of expanding the
                    deployment of broadband internet access
                    service, as defined in section 8.1(b) of title
                    47, Code of Federal Regulations (or any
                    successor regulation).
              (4) Adoption by executive agencies.--
                      (A) In general.--The head of each executive
                    agency shall adopt by regulation--
                              (i) fees that correspond to the
                            schedule established by the
                            Administrator under paragraph (2); and
                              (ii) any exceptions to such schedule
                            established by the Administrator under
                            paragraph (3).
                      (B) Exceptions.--The head of an executive
                    agency may only grant an exception pursuant to
                    subparagraph (A)(ii) on a case-by-case basis.
              (5) Use of fees collected.--Any fee collected by an
            executive agency under this section shall only be
            available to the extent, and in such amounts, as are
            provided in advance in appropriation Acts, to the
            agency to cover the costs of processing the forms
            described under subsections (b)(2) and (c)(3).
              (6) Relationship to other statutes.--Any fee
            chargeable under this subsection shall supercede any
            other fee applicable to the processing of a form
            described under subsection (b)(2) or (c)(3) that is
            chargeable under another statute.
      [(d)] (e) Definitions.--In this section:
              (1) Communications facility installation.--The term
            ``communications facility installation'' includes--
                      (A) any infrastructure, including any
                    transmitting device, tower, or support
                    structure, and any equipment, switches, wiring,
                    cabling, power sources, shelters, or cabinets,
                    associated with the licensed or permitted
                    unlicensed wireless or wireline transmission of
                    writings, signs, signals, data, images,
                    pictures, and sounds of all kinds; and
                      (B) any antenna or apparatus that--
                              (i) is designed for the purpose of
                            emitting radio frequency;
                              (ii) is designed to be operated, or
                            is operating, from a fixed location
                            pursuant to authorization by the
                            Federal Communications Commission or is
                            using duly authorized devices that do
                            not require individual licenses; and
                              (iii) is added to a tower, building,
                            or other structure.
              (2) Executive agency.--The term ``executive agency''
            has the meaning given such term in section 102 of title
            40, United States Code.

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