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Federal Update: House Pulls Broadband Permitting Bill After Local Government Opposition
The measure was removed from the U.S. House Rules Committee agenda after strong opposition from local government groups, including the League and national partners.
The U.S. House Rules Committee was scheduled to consider the American Broadband Deployment Act (H.R. 2289) on April 20, a necessary step before the bill could advance to the full House floor for a vote. After significant advocacy efforts by the League of Minnesota Cities and its national partners, the bill was pulled from the agenda when it became clear it lacked the votes to pass.
In addition to the League, the coordinated efforts included the National League of Cities, National Association of Counties, U.S. Conference of Mayors, and the National Association of Telecommunications Officers and Advisors.
Bill details
The legislation, introduced by Rep. Buddy Carter (R-GA), aims to streamline broadband expansion by imposing strict federal timelines on state and local reviews. While proponents say the bill would help close the digital divide, local governments argue the requirements would overreach federal authority, weaken public safety protections, and shift costs to taxpayers.
Specifically, the bill as written would:
- Force taxpayer subsidies. It would replace the current “fair and reasonable” compensation standard with a strict limit based on “actual and direct costs.” This creates a new unfunded mandate that could force Minnesota residents to subsidize the infrastructure costs of private corporations.
- Allow automatic permit approvals. The bill would codify federal “shot clocks” and add a “deemed granted” penalty. This means that if a city misses a deadline, broadband companies could start construction without local approval. This would take away a city’s ability to protect public safety and manage its streets and public rights-of-way.
- Weaken cable franchising authority. The legislation would permanently exempt bundled broadband services from local franchise agreements and allow providers to unilaterally modify existing agreement terms. This could significantly weaken a city’s ability to enforce local standards and services.
- Shift dispute resolution. The proposal would move legal disputes from local courts to the Federal Communications Commission in Washington, D.C. This would increase costs and complexity for Minnesota cities when defending local interests.
Next steps
While removing H.R. 2289 from the schedule is a win for local governments, federal permitting reform remains a high priority in Congress.
City leaders should continue monitoring federal legislative developments and stay in contact with their congressional representatives. The League will track any renewed movement on permitting reforms that would negatively impact cities and will engage our members on the advocacy front should the bill continue to get traction.