[Weekly Compilation of Presidential Documents Volume 40, Number 18 (Monday, May 3, 2004)]
[Pages 696-697]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Improving Rights-of-Way Management Across Federal Lands To 
Spur Greater Broadband Deployment

April 26, 2004

Memorandum for the Heads of Executive Departments and Agencies

Subject: Improving Rights-of-Way Management Across Federal Lands to Spur 
Greater Broadband Deployment

    Broadband, also known as high-speed Internet access, has the 
potential to bring new services and products to American consumers and 
businesses, fostering innovation, investment, and job-producing economic 
growth. My Administration has long recognized the economic vitality that 
can result from broadband deployment and is working to create an 
environment to foster broadband deployment. All Americans should have 
affordable access to broadband technology by the year 2007.

[[Page 697]]

    A key to widespread broadband deployment is ensuring that broadband 
providers have timely and cost-effective access to rights-of-way so that 
they can build out their networks across the Nation. These networks 
often need to cross large areas of land owned or controlled by the 
Federal Government. Thus, effective and efficient Federal rights-of-way 
policies and practices are critical for promoting broadband deployment.
    To ensure that the Federal Government's rights-of-way policies and 
practices facilitate the aggressive deployment of broadband networks, my 
Administration created a Federal Rights-of-Way Working Group composed of 
representatives from most of the major Federal agencies with land 
management responsibilities. The mission of the Working Group was to 
identify and recommend changes in Federal policies, procedures, 
regulations, and practices that would improve the process of granting 
rights-of-way for broadband communications networks on lands under 
Federal jurisdiction.
    Based on information gathered from the communications industry, the 
Federal agencies, state, local, and tribal representatives, and other 
stakeholders, the Working Group has produced a report entitled, 
``Improving Rights-of-Way Management Across Federal Lands: A Roadmap for 
Greater Broadband Deployment,'' which sets forth specific 
recommendations in four main areas.
 (1)         Information Access and Collection--to streamline and 
            standardize applications to reduce the administrative burden 
            and costs on broadband providers.
 (2)         Timely Process--to speed Federal agencies' consideration of 
            rights-of-way applications.
 (3)         Fees--to ensure that fees charged by Federal agencies are 
            reasonable and appropriate.
 (4)         Compliance--to ensure that Federal agencies have the proper 
            tools to promote compliance with rights-of-way grants or 
            permits.
    These recommendations are designed to assist Federal agencies in 
efficiently and effectively performing their vital role as stewards of 
the public lands, while working cooperatively with industry to spur 
broadband deployment.
    Therefore, I hereby direct the heads of executive departments and 
agencies (agencies) to take appropriate actions to implement the 
specific recommendations contained in the report to the maximum extent 
practicable and as permitted by law.
    In addition, agencies should review their existing policies and 
procedures and identify any additional ways to improve the process for 
granting rights-of-way for broadband communications networks. Agencies 
should report to me, through the Director of the Office of Management 
and Budget, within 1 year of the date of this memorandum on all actions 
taken. The agencies shall take these actions using existing budget 
authority.
                                                George W. Bush