The world may never know, but a new report offers some clues.

So begins Division F of the bipartisan Infrastructure Investment and Jobs Act, the law that launched the largest investment in broadband infrastructure in U.S. history. This law is making billions of dollars available to expand broadband networks throughout rural America—and with these networks, access to all the opportunities and advantages internet service allows. 

Billions of dollars for broadband construction also means billions of dollars in construction projects seeking approval from local permitting offices. Reviewing these projects will be no small task, especially in rural areas where local governments have limited resources. What, then, should permitting offices and their applicants do to prepare for the upcoming wave of activity? 

That was the question posed to nearly 30 of the nation’s leading permitting experts during a recent summit at the Georgetown Law Institute for Technology Law & Policy. The experts represented a wide array of permitting stakeholders, including local governments, state broadband offices, federal agencies, civil society organizations, private landowners, and ISPs of various types and sizes. The goal of the summit was to put these experts in conversation with one another and identify areas of consensus and disagreement. The findings from their discussion are explored in a new report—Permitting Success: Closing the Digital Divide Through Local Broadband Permitting. 

Key Takeaways

There is no single local permitting process, and thus there can be no one-size-fits-all solution to permitting challenges. Each local government has a unique permitting process. Each community has unique characteristics (e.g., different water tables, surface components, population densities). And each ISP has unique methods for deploying infrastructure. Nevertheless, there are still a set of common principles that can make permitting efficient and effective.

Communication: The Foundation of Effective Permitting

The quality of communication between the ISP and the permitting office often determines the efficiency of the permitting process. Both parties should begin communicating early in the project planning stage, when the needs of stakeholders (e.g. construction crews, permitting officials and inspectors, utility locators, traffic management, and other construction projects) can be incorporated into the project’s design and timeline. ISPs should ensure municipal officials understand the project's scope, its construction methods, the service that will be offered, and the steps that will be taken to mitigate disruption and restore construction sites. Government officials, in turn, should explain municipal capacity to approve projects, unique characteristics of the right-of-way, the technical steps for submitting and adjusting permit applications, and any expectations for aesthetics, resilience, and other community priorities. Such early and comprehensive communication lays the foundation for a partnership that will pay off over the lifespan of the project.

Resources, Resources, Resources

Processing permits requires municipal resources (e.g. staff, time, funding). Efficiently navigating the upcoming wave of permitting activity will require a commensurate wave of additional resources. But where should these resources come from, and how should governments balance the value of permitting capacity against the cost of maintaining it? This challenge was universally acknowledged during the summit, and attendees explored many ideas for how to best provide resources and what form those resources should take. One of the most compelling ideas was the “reimbursement model,” which is exemplified by the City of Mesa, Arizona. Mesa essentially allows ISPs to pay the city to hire contractors to help the city review ISP permit applications. This ability to increase permitting capacity “on demand” gives the city and ISPs confidence that timelines can be met. Moreover, these agreements can be expanded to incorporate additional services, such as bore monitoring services, which can also become bottlenecks in the deployment process. 

Broadband-Powered Permitting

Ironically, some of the biggest challenges occur when permitting offices do not make use of online technologies. For example, some offices use permitting platforms that allow applicants to submit, modify, and track permitting applications online. These platforms increase the speed of communications and allow for more predictable project timelines. Conversely, other offices require permitting documents be submitted by mail in their physical paper form. This greatly slows communication, exacerbating minor delays and ultimately increasing project costs. To the extent resources allow, local governments should invest in technology for their permitting offices. Not only can this improve the permitting process itself, it can also help the government harness data from applications, which can be valuable for community infrastructure planning.

It Takes A Village 

A collaborative relationship between an ISP and a local government is essential for the successful deployment of a broadband network. ISPs should approach each community with the goal of establishing a strong partnership and reflecting local priorities in the network’s design and construction. Local governments should foster broadband deployment by investing in their permit application processes and reducing unnecessary requirements where possible. State and federal agencies should ensure resources are available to maximize local permitting capacity during periods of heightened demand. Collectively, these efforts will promote the long-term growth and well-being of community residents and the ISPs that serve them.

Broadband is essential for modern life. Local permitting is essential for broadband deployment. Efficient, effective permitting processes benefit everyone.

For more information, please see our new report: Permitting Success: Closing the Digital Divide Through Local Broadband Permitting.

Drew Garner is the Director of Policy Engagement at the Benton Institute for Broadband & Society.

The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.

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