American Broadband Deployment Act of 2023

The American Broadband Deployment Act of 2023 aims to speed up the deployment of communications facilities by streamlining federal, state, and local permitting and regulatory reviews. Title I, State and local siting processes: This title preserves local zoning authority over personal wireless service facilities but prohibits discrimination among providers and actions that effectively prohibit service. It also sets timeframes for state and local governments to grant or deny requests for telecommunications service facilities (90 days for facilities on eligible support infrastructure, 150 days for other actions) and requires approval of certain modifications to existing wireless and telecommunications facilities that do not substantially change their physical dimensions, with a 60-day deemed approval timeframe. Title II, Cable: This title requires franchising authorities to approve or deny new cable franchise requests within 120 days, with a deemed grant if no action is taken. It also sets timeframes for decisions on requests to place, construct, or modify cable equipment (90 days for equipment on eligible support infrastructure, 150 days for other actions) and allows cable operators to request elimination or modification of franchise requirements. It limits franchising authorities' ability to preclude cable operators from transferring a franchise. Title III, Environmental and historic preservation reviews: This title exempts certain communications projects from review under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). It creates a presumption that an Indian Tribe has disclaimed interest in an undertaking if it does not act on a complete FCC form within 45 days, which the Tribe can overcome. It clarifies that the title does not affect the FCC's obligation to evaluate radiofrequency exposure under NEPA. Title IV, Other matters: This title requires federal executive agencies to grant or deny applications for easements, rights-of-way, and leases for communications facilities within a specified timeframe, with a deemed grant if no action is taken. It also requires entities receiving BEAD Program grant funds to certify that fees for authorizing broadband infrastructure projects are competitively neutral, technology neutral, nondiscriminatory, established in advance, publicly disclosed, and based on actual and direct costs.