Streamlining and accelerating the permitting process is critical to implementing the Internet for All initiative. Since the passage of President Biden’s Bipartisan Infrastructure Law that provided a historic $65 billion investment to expand affordable and reliable high-speed Internet access to everyone in America, we heard from stakeholders that permitting is a significant concern in implementing the program. The National Telecommunications and Information Administration (NTIA) is adopting a proactive strategy to streamline and improve broadband permitting across NTIA’s programs and maximize permitting coordination efforts and efficiency with other federal, state, and local agencies.

• NTIA has developed and released a publicly available mapping application to help recipients plan projects that avoid environmental impacts and identify permitting considerations as early as possible.
• For the Broadband Equity, Access, and Deployment Program (BEAD), NTIA will partner with eligible entities (states and territories) to maximize National Environmental Policy Act efficiencies.
• At NTIA’s request, the Advisory Council on Historic Preservation (ACHP) has expanded the availability of streamlined historic preservation rules for communications projects, increasing the predictability and efficiency of these reviews for NTIA and other federal agencies supporting broadband deployments.

Ultimately, we are making it easier for states and territories to navigate the federal permitting process while maintaining the critical role permitting plays in protecting historic, cultural, and natural resources and the environment. We will continue to prioritize improvements in permitting efficiency as we work to achieve Internet for All.

The Federal Communications Commission will vote on reimposing Title II authority over broadband at its April 25 meeting. Here are just a few of the things that can happen after the FCC reintroduces Title II regulation:

• The FCC used to have a broadband complaint process where the agency would intervene in cases of bad behavior by ISPs. Consumers could plead for relief from particularly egregious ISP behavior, and the FCC often required ISPs to set things right. The FCC also had the authority to dictate policies related to broadband customer service.
• While they never exercised it, the FCC has the ability to regulate rates under Title II. This is the big bogeyman that worries ISPs. The FCC in the past used this power to coax ISPs to cut back on practices like rate caps.
• The FCC used to have the authority to make ISPs refund money to customers when ISPs overbilled or otherwise cheated customers.
• The FCC used to intervene and mediate disputes between ISPs over network practices. That ability died when Title II authority was killed.
• The FCC had the authority to fine ISPs that engaged in bad behavior with customers – that largely died when Title II authority was killed.
• The FCC had more authority to act against hacking and other behavior by bad actors.