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Benton Cites Permitting Use Case

GOP Criticism Likely at Sept. 10 House Communications BEAD Hearing

The House Communications Subcommittee plans a Sept. 10 hearing on NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program, setting up what could be a contentious start to Congress’ return next week from its month-plus August recess. The Benton Institute for Broadband & Society and five other groups, meanwhile, included BEAD among case studies in a Wednesday paper urging ISPs and local governments to strengthen their collaboration to aid the permitting process for connectivity projects.

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Communications Chairman Bob Latta, R-Ohio, Tuesday night framed plans for the Sept. 10 BEAD hearing as “an opportunity to hear about how the implementation of the program is going, better understand the impact of NTIA’s rules, and what to expect going forward as states begin to award funds.” Panel Republicans launched a probe in July of NTIA’s BEAD-related communications with state broadband offices (see 2407090057). The hearing will begin at 10:30 a.m. in 2322 Rayburn.

Congress “must closely monitor NTIA’s implementation of the program and have an open line of communication with the states, providers, and other key stakeholders that are carrying out the program,” Rodgers and Latta said: “It’s essential that each state be given the ability to develop broadband plans that meet its specific needs, encourages participation by providers, and connects all Americans with reliable broadband services as Congress intended.”

Lobbyists already expect Rodgers, Latta and other Republicans will use the hearing as an opportunity to criticize a Biden administration initiative that some leaders are trying to tie to Vice President Kamala Harris, the Democrats’ presidential nominee. Senate Commerce Committee ranking member Ted Cruz, R-Texas, in mid-August used a request for a detailed NTIA update on BEAD implementation to note Harris’ role in shepherding the broadband portion of Biden’s infrastructure spending proposal through Congress in 2021 (see 2408130061).

Communities that will benefit from BEAD “include the nation’s smallest and most remote, and, as such, they may be ill-equipped to handle the increase in permitting requests generated by concurrent federally funded infrastructure initiatives,” Benton and other groups said in their paper. “Thus, permitting for BEAD may intensify permitting demand in areas that may be least prepared to handle it.” The program includes “opportunities to support local permitting capacity,” as the funding can go toward “permitting and personnel costs.”

Benton and the others said “state broadband offices should consider using BEAD funds to train and hire engineering and permitting personnel to support state and local governments.” Funding applicants “should consider how costs associated with permitting can count toward the applicant’s match requirement,” the groups said: “For example, applicants could count fees (either paid or waived) for rights-of-way, conduits, and easements. Or applicants could count costs associated with reimbursing a local government for the hiring of permitting and/or inspection contractors.”