I 

118TH CONGRESS 

1ST SESSION H. R. 1241 

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 

FEBRUARY 28, 2023 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Broadband Incentives 

5 for Communities Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Congress has provided $12,000,000,000 

4 since 2010 in competitive grants and financial as5 sistance to expand broadband connections to 

6 unserved rural and underserved low-income commu7 nities. 

8 (2) Local governments play a significant role in 

9 the deployment of broadband infrastructure through 

10 their zoning and permitting processes. 

11 (3) Local governments will need additional as12 sistance to manage the expected accelerated pace of 

13 zoning and permitting applications that facilitate the 

14 deployment of broadband infrastructure in their 

15 communities. 

16 (4) The Federal Government has a critical role 

17 to play in encouraging the deployment of broadband 

18 infrastructure by local governments. 

19 (5) The establishment of a competitive grant 

20 program to provide resources to, and incentives for, 

21 local governments to fulfill their role in expanding 

22 broadband access for all is a vital component of a 

23 successful broadband deployment policy. 


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1 SEC. 3. BROADBAND INCENTIVES FOR COMMUNITIES 

2 GRANT PROGRAM. 

3 (a) ESTABLISHMENT.—The Assistant Secretary shall 

4 establish a program to make grants on a competitive basis 

5 to covered entities to assist such entities in providing effi6 cient review and approval of covered applications. 

7 (b) ELIGIBILITY.—The Assistant Secretary may only 

8 make a grant under this section to a covered entity that 

9 does the following: 

10 (1) The covered entity submits to the Assistant 

11 Secretary an application at such time, in such form, 

12 and accompanied by such information and assur13 ances as the Assistant Secretary may require. 

14 (2) The covered entity demonstrates readiness 

15 for the deployment of broadband infrastructure (in16 cluding fifth-generation wireless communications in17 frastructure) in the jurisdiction of the covered enti18 ty, including through the following: 

19 (A) Adoption and implementation of effi20 cient processes, which comply with applicable 

21 Federal standards and regulations, for review22 ing covered applications that facilitate wireless 

23 and fiber deployment, including those applica24 tions relating to projects that make efficient use 

25 of existing infrastructure. 


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1 (B) Adoption and implementation of writ2 ten policies, ordinances, or guidance that allows 

3 the use of expedited processes, such as micro4 trenching, for the deployment of broadband in5 frastructure. 

6 (C) With respect to fees for the processing 

7 of covered applications— 

8 (i) in the case of a covered application 

9 described in subparagraph (A), adoption 

10 and implementation of fees that are limited 

11 to the actual, objectively reasonable costs 

12 incurred by the covered entity to process 

13 the application and (if applicable) provide 

14 access to the right-of-way to which the ap15 plication relates; and 

16 (ii) in the case of any other covered 

17 application, adoption and implementation 

18 of uniform and objectively reasonable fees, 

19 which shall be published in advance of the 

20 date on which such fees begin to apply to 

21 any such application. 

22 (c) USE OF FUNDS.—A covered entity that receives 

23 a grant under this section shall use the grant for one or 

24 more of the following: 


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1 (1) Capacity-building for the covered entity to 

2 facilitate the processing of covered applications, in3 cluding employee training and hiring. 

4 (2) The purchase of technology, software, and 

5 equipment to facilitate the processing of covered ap6 plications, including in a remote work environment. 

7 SEC. 4. LOCAL BROADBAND ADVISORY COUNCIL. 

8 (a) ESTABLISHMENT.—Not later than 90 days after 

9 the date of the enactment of this Act, the Assistant Sec10 retary shall establish an advisory council, to be known as 

11 the ‘‘Local Broadband Advisory Council’’, to develop solu12 tions to the challenges shared by local jurisdictions, cov13 ered entities, and infrastructure providers in facilitating 

14 wireless and broadband deployment, including in unserved 

15 and underserved communities. 

16 (b) MEMBERSHIP.—The Council shall be composed of 

17 broadband deployment stakeholders appointed by the As18 sistant Secretary, including representatives from the 

19 broadband industry, infrastructure providers, local govern20 ments, and covered entities. 

21 (c) REPORT.—Not later than 1 year after the Council 

22 is established under subsection (a), the Council shall sub23 mit to the Assistant Secretary and Congress a report on 

24 the solutions developed under such subsection. 


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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the As3 sistant Secretary such sums as may necessary to carry out 

4 this Act. 

5 SEC. 6. DEFINITIONS. 

6 In this Act: 

7 (1) ASSISTANT SECRETARY.—The term ‘‘Assist8 ant Secretary’’ means the Assistant Secretary of 

9 Commerce for Communications and Information. 

10 (2) BROADBAND INFRASTRUCTURE.—The term 

11 ‘‘broadband infrastructure’’ means facilities or 

12 equipment utilized for the provision of broadband 

13 internet access service (as defined in section 8.1(b) 

14 of title 47, Code of Federal Regulations). 

15 (3) COUNCIL.—The term ‘‘Council’’ means the 

16 Local Broadband Advisory Council established under 

17 section 4. 

18 (4) COVERED APPLICATION.—The term ‘‘cov19 ered application’’ means a zoning or permitting ap20 plication that facilitates the deployment of 

21 broadband infrastructure. 

22 (5) COVERED ENTITY.—The term ‘‘covered en23 tity’’ means— 

24 (A) a political subdivision of a State; or 


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1 (B) an Indian Tribe (as defined in section 

2 4 of the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 5304)). 

4 (6) STATE.—The term ‘‘State’’ means each 

5 State of the United States, the District of Columbia, 

6 and each commonwealth, territory, or possession of 

7 the United States. 

Æ 


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