CONNECT Act of 2023

This bill 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 for small providers, sets deadlines for USDA permit decisions, forms an interagency council to recommend uniform broadband standards, 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 establishes an Office of Technical Assistance within the ReConnect Program to help applicants serving up to 20,000 subscribers with paperwork, identifying permitting agencies, and other matters. 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 repayment required if the provider later receives ReConnect funding. The Secretary must review and revise application requirements within two years to reduce time and expense. Priority and additional evaluation points are given to applications from local governments, nonprofits, or cooperatives. Eligibility for ReConnect funding is expanded to rural areas with no fixed wireline service or areas designated as served due to a pending broadband project that has not begun significant construction after three years.

Sec. 3, USDA Permitting Reform: This section requires the Secretary of Agriculture to act on applications for easements, rights-of-way, or leases for broadband facilities using USDA funds within 180 days. The Secretary must conduct necessary environmental reviews and grant or deny the application, notifying the applicant.

Sec. 4, Broadband Requirements Council: This section directs the Federal Communications Commission to establish an interagency council with representatives from several federal departments. The council must meet at least semiannually to evaluate speed requirements for broadband service built with federal funds. It must publish reports recommending speed and latency requirements, standardized application forms for federal broadband funds, and opportunities to streamline existing programs. The council must also issue annual requests for information from stakeholders.

Sec. 5, Leasing Reform for Broadband on Federal Easements: This section waives federal permitting requirements for electric or transmitting utilities seeking to expand existing federal easements or rights-of-way to lease excess fiber capacity, with exceptions for national security, defense sites, and critical defense facilities. It also deems the operation, leasing, and servicing of existing fiber infrastructure on such easements for broadband as an allowed use, not a change in physical use, and imposes only a de minimis burden, with similar national security exceptions.