H.R. 2289 — American Broadband Deployment Act of 2025

This section revises limitations on state and local government regulation of personal wireless service facilities (i.e., cell sites and antennas used for mobile service provision). It preserves general state and local authority over placement, construction, or modification decisions; prohibits discrimination among providers or effective prohibitions on service provision or improvement; and permits objective, reasonable, nondiscriminatory structural engineering standards, safety requirements, or aesthetic/concealment rules unless they prohibit installation or modification. It requires state or local governments to grant or deny authorization requests within specified timeframes—60 days (for small facilities on existing structures) or 90 days (for other small facility actions or batched requests); 90 days (for non-small facilities on existing structures); or 150 days (for other non-small facility actions)—applicable to all related proceedings without moratorium tolling, except for incompleteness (tolling after 10-day notice for small facilities or supplements, or 30-day notice for non-small facilities).

This section revises Section 253 of the Communications Act of 1934, which preempts state and local laws or requirements that prohibit or have the effect of prohibiting telecommunications service providers from entering a market. The revision expands subsection (a) to also prohibit such laws from impeding providers' ability to improve or enhance interstate or intrastate telecommunications services (previously limited to prohibiting provision of services). It replaces prior subsections preserving certain state and local regulatory authority with new subsection (b), which regulates state and local government approvals for placement, construction, or modification of telecommunications service facilities (i.e., infrastructure such as poles, towers, and small cells used to provide service) as follows: (1) prohibits discrimination among such facilities based on technology or services provided, or against them relative to other facilities; (2) imposes approval deadlines of 90 days (for eligible support infrastructure, such as existing utility poles) or 150 days (for other actions), applied collectively across all required permits and proceedings, without tolling for moratoria but allowing tolling for applicant incompleteness (initial notice within 30 days; supplemental within 10 days, with limits on repeated notices) or once by mutual agreement (up to 30 days); (3) deems requests granted if not approved or denied within the deadline, authorizing construction without further action; and (4) requires written decisions and records (text incomplete in provided amendment). (Thus, the changes preempt broader barriers to network upgrades and accelerate infrastructure deployment, particularly for advanced wireless services.)

This section expands the prohibition on state and local governments denying modifications to existing communications facilities that do not substantially change physical dimensions (previously limited to wireless towers or base stations) to also cover eligible support structures for wireless facilities and existing wireline communications facilities. It establishes a 60-day timeframe (previously unspecified) for state or local government approval of such eligible facilities or wireline requests, after which a request is deemed approved if not approved or denied with a written notice citing specific provisions and reasons why it is ineligible. (Thus, providers may proceed with the modification without further action upon deemed approval.) It further provides for tolling of the 60-day period due to application incompleteness—once for an initial request (if notified within 30 days identifying missing information required by public rule) and once for a supplemental submission (if notified within 10 days)—subject to limitations prohibiting notices that demand non-required or previously unidentified information.

This section requires a franchising authority to approve or deny a request for a new cable franchise not later than 120 days after submission, with the request deemed granted if no decision is made by the day after that period ends. The 120-day period applies collectively to all required proceedings; may not be tolled by any moratorium; is tolled until a supplemental submission is provided following a written notice of incompleteness (with a subsequent 10-day notice opportunity and limits on repeating prior deficiencies); and may be tolled once for up to 30 days by mutual agreement. Franchise denial decisions must be in writing, supported by substantial evidence in a written record, publicly released, and provided to the requester on the decision date; a request is considered submitted upon the requester's first procedural step under the authority's procedures (or a standard filing if none exist). (Thus, the provision facilitates timely consideration of new competitive cable franchises by local franchising authorities, which are typically municipalities granting rights to use public rights-of-way for cable systems.)

This section adds subsection (j) to Section 624 of the Communications Act of 1934 (47 U.S.C. 544), preserving covered entities' authority over decisions on the placement, construction, or modification of covered equipment within their jurisdiction and related safety standards, subject to specified limitations. Those limitations prohibit covered entities from (1) effectively prohibiting cable operators from providing, improving, or enhancing cable service using covered equipment under a franchise or within the entity's jurisdiction; and (2) for requests made after enactment, imposing requirements that the requesting party install or pay for conduit or fiber for the entity or others, prepare or pay for unrelated environmental, engineering, network design, mapping, or other surveys or studies, or apply any other condition not specific to the precise location of the equipment. It further requires covered entities to approve or deny such requests no later than 90 days after submission if involving a covered easement or eligible support infrastructure, or 150 days otherwise (with the timeframe applying collectively to all related proceedings and not tolled by moratoria); requests are deemed granted if not acted upon after the requesting party's written notice of the entity's failure to meet the deadline, subject to limited tolling for incomplete initial requests (up to 30 days for notice) or supplemental submissions (up to 10 days for notice) and by mutual agreement.

This section replaces the existing process for modifying cable franchise requirements (47 U.S.C. 545) with new rules allowing a cable operator to request elimination or modification of any franchise requirement upon a showing of good cause—including to conform to federal or state law, address technological changes or competitive disparities, or due to commercial impracticability—with the franchising authority required to act within 120 days and the modification deemed granted the next day if not approved or denied (except for public, educational, or governmental (PEG) access service requirements); if denied, the operator may seek judicial review under section 635, with the court granting relief if good cause is demonstrated. This section also replaces the existing cable franchise term and renewal requirements (47 U.S.C. 546) with rules providing that franchises continue indefinitely without need for renewal until revoked or terminated, allowing (1) a cable operator to terminate by request, effective 90 days later (deemed revoked if not acted upon), or (2) a franchising authority to revoke for cause—defined as knowing and willful failure to meet a material requirement after a cure opportunity—subject to de novo review by the FCC (which invalidates if not proven by preponderance of evidence) or judicial review under section 635, with possible stays pending review. (Thus, franchises become perpetual absent cause-based revocation or operator exit, eliminating fixed terms or automatic expiration.)

This section revises section 627 of the Communications Act (47 U.S.C. 547), retitled "Conditions of sale or transfer," by (1) requiring that upon revocation of a cable franchise for cause, any acquisition or transfer of the cable system by the franchising authority (i.e., typically a local government) occur at fair market value (from equitable price), (2) eliminating prior requirements for system valuation upon denied franchise renewal, (3) prohibiting franchising authorities from blocking a cable operator's transfer of a franchise to a non-original holder who agrees to abide by all current franchise terms, while permitting a written notice requirement not later than 15 days prior to such transfer, and (4) defining "transfer of a franchise" to include mergers, sales, assignments, restructurings, or changes in control of the cable operator or system. The amendments take effect 6 months after enactment and apply to franchises granted on or after that date, or granted earlier if in effect or if the operator has continued performing under an expired franchise.

This section exempts federal authorizations for covered communications projects from being considered major federal actions under the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4332(2)(C))—which generally requires environmental impact statements for proposals significantly affecting the human environment—and undertakings under the National Historic Preservation Act (NHPA; 54 U.S.C. 300320)—which generally requires review of effects on historic properties. It provides the same NEPA and NHPA exemptions for covered easements on federal property for communications facilities if (1) a prior easement exists for another communications or utility facility on the same property or (2) the easement is in a public right-of-way. The section revises Section 6409(a)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(a)(3)) to exempt federal authorizations for eligible facilities requests (i.e., certain modifications to existing wireless facilities) and eligible wireline communications facilities requests from NEPA and NHPA review and to define such federal authorizations to include permits, special use authorizations, certifications, opinions, or other approvals required under federal law.

This section establishes a presumption under the National Historic Preservation Act (54 U.S.C. 300320) for FCC-determined undertakings (i.e., federally permitted, funded, or licensed projects, including those with federal financial assistance) if an Indian tribe receives (or is reasonably expected to receive) a complete FCC Form 620 or 621 (or successor form) and does not act on the applicant's request within 45 days of such receipt: (1) the applicant is presumed to have made a good faith effort to provide information needed for the tribe to assess effects on historic properties of religious or cultural significance; and (2) the tribe is presumed to have disclaimed interest in the undertaking. An Indian tribe may overcome the presumption by demonstrating specified factors to the FCC or a court of competent jurisdiction, which must give substantial weight to (A) the applicant's failure to follow up with the tribe between 30 and 50 days after form submission, and (B) any violation of an FCC Nationwide Programmatic Agreement by FCC regulations or the forms. (Thus, the presumption facilitates FCC project approvals by limiting tribal consultation delays absent timely tribal response or rebuttal.)

This section states that nothing in this title or its amendments affects the Commission's obligation to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969.

This section establishes definitions for purposes of the title, including (1) "Chief Executive" as the principal executive official (e.g., Chief, Chairman, Governor, or President) of an Indian tribal government; (2) "Commission" as the Federal Communications Commission; (3) "communications facility" as defined in 47 U.S.C. 1455(d) (i.e., for wireless service facilities, antennas, and related equipment); and (4) "covered easement" as a federal easement, right-of-way, or lease for installing, constructing, modifying, or maintaining a communications or utility facility (generally excluding tribal trust lands unless the tribe requests inclusion). The section further defines (5) "covered project" as certain FCC-jurisdictional projects, including (A) collocation or modification of personal wireless service facilities; (B) wireline facilities on eligible support infrastructure; (C) small wireless facilities; (D) communications facilities in floodplains; (E) communications facilities on brownfield sites; (F) removal and replacement of covered communications equipment under 47 U.S.C. 1608; (G) communications facility replacement or improvement in major disaster or emergency areas within five years of declaration; (H) new facilities in public rights-of-way (not exceeding 50 feet or 10 feet above existing structures, or expansions of existing sites by no more than 30 feet); (I) personal wireless facilities on existing towers, buildings, or structures; and (J) facilities under FCC geographic licenses not requiring antenna registration; (6) "eligible support infrastructure" as structures supporting or housing wireline communications facilities; and (7) "Emergency" [text incomplete in provided provision].

This section revises executive agency requirements for timely consideration of applications for easements, rights-of-way, and leases on federal property to install, construct, modify, or maintain communications facilities. Specifically, it (1) changes the start of the 270-day period for granting or denying an application from the date an executive agency receives a duly filed application to the date an application is submitted; (2) deems an application granted the day after the 270-day period (as tolled) if the agency fails to act; (3) tolls the period for incomplete initial applications (if agency notice provided within 30 days identifying missing information per public rules) until a supplemental submission and for incomplete supplementals (if notice within 10 days) until a subsequent supplemental, with limits on repeating prior deficiencies; (4) allows one mutual tolling agreement of up to 30 days; and (5) defines submission as the applicant's first procedural step under agency procedures. The changes apply to applications submitted on or after enactment.

This section requires the Assistant Secretary of Commerce for Communications and Information to submit to Congress, not later than 180 days after the date of enactment, a report that (1) details fees charged by each eligible entity (or political subdivision) to consider requests for authorization or to use rights-of-way for placing, constructing, or modifying broadband infrastructure using grant funds under the Middle Mile Broadband Infrastructure Grant Program; and (2) identifies any such fee that fails to meet specified criteria, including being competitively neutral, technology neutral, and nondiscriminatory; established in advance and publicly disclosed; calculated based solely on objectively reasonable actual direct costs (e.g., review/processing and directly attributable repairs/replacements); or clearly described distinguishing recurring from nonrecurring fees and existing from new infrastructure.