[House Report 119-488]
[From the U.S. Government Publishing Office]
119th Congress } { Rept. 119-488
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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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.
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\1\Fed. Commc'n. Comm'n., FCC National Broadband Map, https://
broadbandmap.fcc.gov/home (last updated Sept. 3, 2025).
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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.
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\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).
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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
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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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