I 
118TH CONGRESS 
1ST SESSION H. R. 3298 
To amend the Infrastructure Investment and Jobs Act to require States 
and political subdivisions of States to streamline certain fees relating 
to broadband infrastructure in order to receive grant funds under the 
Broadband Equity, Access, and Deployment Program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2023 
Mr. ALLEN introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Infrastructure Investment and Jobs Act to 
require States and political subdivisions of States to 
streamline certain fees relating to broadband infrastruc-
ture in order to receive grant funds under the Broadband 
Equity, Access, and Deployment Program, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadband Expansion 
And Deployment Fee Equity and Efficiency Act of 2023’’ 
or the ‘‘BEAD FEE Act of 2023’’. 
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SEC. 2. STREAMLINING OF CERTAIN FEES RELATING TO 
BROADBAND 
INFRASTRUCTURE 
REQUIRED 
TO RECEIVE GRANT FUNDS UNDER BEAD 
PROGRAM. 
Section 60102(e) of the Infrastructure Investment 
and Jobs Act (47 U.S.C. 1702(e)) is amended by adding 
at the end the following: 
‘‘(5) STREAMLINING OF CERTAIN FEES RELAT-
ING TO BROADBAND INFRASTRUCTURE REQUIRED.— 
After the date of the enactment of this paragraph, 
the Assistant Secretary may not make available to 
an eligible entity grant funds under this section (ex-
cept for grant funds under paragraph (1)(C)) if the 
eligible entity, or any political subdivision of the eli-
gible entity, charges a fee to consider a request for 
authorization to place, construct, or modify infra-
structure for the provision of broadband service, or 
a fee for use of a right-of-way or infrastructure in 
a right-of-way owned or managed by the entity or 
political subdivision for the placement, construction, 
or modification of infrastructure for the provision of 
broadband service, unless such fee is— 
‘‘(A) competitively neutral, technology neu-
tral, and nondiscriminatory; 
‘‘(B) publicly disclosed; 
‘‘(C) calculated— 
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‘‘(i) based on actual and direct costs, 
such as costs for— 
‘‘(I) review and processing of re-
quests; and 
‘‘(II) repairs and replacement 
of— 
‘‘(aa) components and mate-
rials resulting from and affected 
by the placement, construction, 
or modification (including the in-
stallation or improvement) of in-
frastructure for the provision of 
broadband service; or 
‘‘(bb) equipment that facili-
tates the placement, construction, 
or modification (including the in-
stallation or improvement) of 
such infrastructure; and 
‘‘(ii) using, for purposes of clause (i), 
only costs that are objectively reasonable; 
and 
‘‘(D) described to a requesting party in a 
manner that distinguishes between— 
‘‘(i) nonrecurring fees and recurring 
fees; and 
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‘‘(ii) the use of infrastructure on 
which infrastructure for the provision of 
broadband service is already located and 
infrastructure on which there is no infra-
structure for the provision of broadband 
service as of the date on which the request 
is received by the eligible entity or political 
subdivision.’’. 
Æ 
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