《移动法案》最终报告国会更新

INTRODUCTION On March 23, 2018, the Consolidated Appropriations Act 2018 was signed into law, whichprovided appropriations through fiscal yar 2018.1Division P, the RAY BAUM’s Act of 2018,contains several Titles that provide directions regarding communications, networks, mobileservice, Wi-Fi, and broadband.2Title VI of Division P, the Making Opportunities for BroadbandInvestment and Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOWAct), has 23 sections that specifically focus on mobile or fixed wireless broadband spectrum,broadband infrastructure, and communications facility installations.3 Section 606 of the MOBILE NOW Act contains several provisions intended to facilitate thedeployment of communications facility installations on federal property. Section 606(c), inparticular, directs the National Telecommunications and Information Administration (NTIA) tocoordinate with the Department of the Interior (DOI), the Department of Agriculture (USDA),the Department of Defense (DOD), the Department of Transportation (DOT), the Office ofManagement and Budget (OMB), and the General Services Administration (GSA) to developrecommendations for streamlining processes when considering applications to locate broadbandfacilities on federal property within two years from the date of enactment (March 23, 2020).4 The MOBILE NOW Act directs NTIA, within two years of developing these recommendationsto streamline application processes, to report to Congress on the status of their implementationand any process improvements resulting from such recommendations.5In 2020, NTIA deliveredthe first report to Congress, as directed, which outlined measures being taken to streamlineFederal permitting of broadband projects.6This report follows up on the measures described inthe NTIA 2020 report to Congress and the progress made to implement the provisions found inthe MOBILE NOW Act. BACKGROUND Prior to the passage of the MOBILE NOW Act, the American Broadband Initiative (ABI) wasestablished to stimulate increased private investment in broadband infrastructure and services tofill broadband connectivity gaps in America. Since its formation, the ABI has been workingdiligently to fulfill its mission of ensuring that government processes are clear and responsive tostakeholders, that government assets provide the greatest possible benefit to the public, and thatthe government is performing its duties as a steward of taxpayer funds. In February 2019, theABI published its Milestones Report, outlining a vision for how the federal government canencourage the expansion of broadband access and actions that agencies are taking to increaseprivate-sector investment in broadband. On June 25, 2020, the ABI released a Progress Reportto provide an update on its work to date in fulfilling the commitments described in theMilestones Report.7The ABI is comprised of two major workstreams: Streamlining FederalPermitting (SFP) and Maximizing the Impact of Federal Funding. Each of these workstreams isled by and comprised of agencies with particular equities and expertise in that area. The ABI’s Streamlining Federal Permitting workstream is striving to make governmentprocesses clear, transparent, and responsive to stakeholders. By reducing permitting delays,minimizing paperwork, and designating clear federal points of contact, federal agencies willenable broadband providers to focus on building broadband networks more quickly. TheDepartment of Homeland Security (DHS) and DOI co-chair this workstream. The otherworkstream member agencies include: USDA, Department of Commerce (NTIA and the FirstResponder Network Authority (FirstNet Authority)), DOD, DOT, GSA, OMB, the Departmentof Veterans Affairs, the Advisory Council on Historic Preservation (ACHP), and the Council onEnvironmental Quality (CEQ). The Federal Communications Commission (FCC), as anindependent regulatory agency, participates in this workstream as a consulting member. To date, the ABI’s Streamlining Federal Permitting Workstream has served as the vehicle toimplement section 606(c) of the MOBILE NOW Act because the agencies enumerated in thestatute and tasked with developing recommendations are all members of this workstream. Pursuant to the MOBILE NOW Act’s provisions, the Streamlining Federal PermittingWorkstream focused on the following elements to develop the recommendations called for undersection 606(c): 1.Procedures for tracking broadband facility applications;2.Methods to reduce application review and approval timelines;3.Policies expediting renewals of easements, licenses or other authorizations forbroadband facility installations; and 4.Policies prioritizing or streamlining construction permits in previously disturbedrights-of-way. Using these elements as a guide, the Streamlining Federal Permitting Workstream developed thefollowing recommended agency actions, which were shared in the MOBILE NOW Report,which NTIA transmitted to Congress on October 27, 2020.8Some of th