CONNECT Act of 2023

The CONNECT Act of 2023 amends the Rural Electrification Act of 1936 to reform broadband permitting and establish new programs for broadband deployment. It creates a technical assistance office and mini-grant program within the ReConnect Program, sets deadlines for USDA permit decisions, establishes an interagency council to recommend uniform broadband speed and application requirements, and waives certain federal permitting for leasing excess fiber capacity on existing easements.

Sec. 2, ReConnect Program: This section adds a new section to the Rural Electrification Act. It defines the ReConnect Program as the broadband loan and grant pilot program. It requires the Secretary of Agriculture to establish an Office of Technical Assistance to help applicants serving not more than 20,000 subscribers with paperwork, identifying permitting agencies, and other matters. The Office gets $10 million per year from ReConnect funds. It also creates a mini-grant program of up to $20,000 for providers serving fewer than 20,000 individuals to prepare applications and initial project plans, with $10 million per year from ReConnect funds; recipients who later get ReConnect funding must repay the grant. The Secretary must review and revise application requirements within two years to reduce time and expense, consulting with small providers, industry groups, civil society, and experts. Priority in reviewing applications is given to local governments, nonprofits, and cooperatives, with 20 additional evaluation points, subject to consideration of their ability to meet construction obligations. Rural areas are eligible for ReConnect funding if they have no fixed wireline service provider or if they were designated as served due to a pending project that has not begun significant construction after three years.

Sec. 3, USDA Permitting Reform: Within 180 days of receiving a complete application for an easement, right-of-way, or lease to install broadband infrastructure using USDA funds, the Secretary of Agriculture must conduct all necessary environmental reviews, grant or deny the application, and notify the applicant. This overrides the standard 60-day deadline in existing law but otherwise applies the same legal framework.

Sec. 4, Broadband Requirements Council: The Federal Communications Commission must establish an interagency council to recommend uniform speed requirements for broadband built with federal funds and uniform application requirements for federal broadband funds. The council includes representatives from the FCC, Departments of Commerce, Agriculture, Interior, Treasury, and the National Science Foundation. It must meet at least semiannually, publish reports recommending speed and latency requirements for rural and urban areas, standardized application forms, and opportunities to streamline federal broadband programs. Council members must appear before Congress annually, and the council must issue annual requests for information from stakeholders.

Sec. 5, Leasing Reform for Broadband on Federal Easements: For electric utilities or transmitting utilities seeking to lease existing excess fiber capacity on an existing federal easement or right-of-way, all federal permitting requirements for that expansion or leasing are waived, except those directly related to national security, defense critical electric infrastructure, or military installations. For fiber infrastructure already installed on such easements as of the enactment date, using, leasing, repairing, or servicing that fiber for broadband is deemed an allowed use, not a change in physical use, and imposes only a de minimis burden. This does not apply to easements on military installations, defense sites, or critical defense facilities, but the responsible federal official may expand the scope for broadband if consistent with national security. This section does not apply to new construction after enactment.