High-speed Internet service connects and builds communities, accelerates economic progress, and enhances public service capabilities. Installing broadband infrastructure can be complex due to permitting processes and regulations that may influence the availability of public rights-of-way, poles, conduits, ducts, and other necessary facilities.
Navigating federal, state, and local permitting requirements may pose challenges for NTIA grantees and subgrantees, particularly for small ISPs, electric co-ops, community-based organizations, and others with limited resources, which can result in deployment delays. States and territories will play a pivotal role in helping to close the digital divide in the United States and can work to streamline their permitting processes to improve deployment efficiency.
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As part of our ongoing technical assistance, NTIA will use this blog series to highlight key areas where states and territories can streamline permitting processes to more efficiently expand high-speed Internet service to everyone in America. We will showcase best practices of states and territories with innovative approaches to address permitting challenges, as described in BEAD Initial Proposal submissions.
The BEAD Initial Proposal required states and territories to describe their planned efforts to reduce costs and barriers to deployment. The responses reflected a range of constructive and creative approaches that all states and territories can consider when addressing key issues in broadband infrastructure permitting:
Dig once policies: Promote dig once policies to reduce impacts of deployment.
Dig once policies offer the opportunity to maximize the benefit of broadband conduits or ducts installed during the construction of public infrastructure, such as roads, highways, or sidewalks. By minimizing or eliminating repeated excavation, dig once policies create efficiencies, cut deployment costs, and lessen disturbances to traffic and the environment.
Pole attachments: Promote fair and affordable access to utility poles.
Deploying aerial broadband may involve attaching fiber optic cables or devices to utility poles, which are often the property of electric, communications, or cable companies. These deployments can be complicated and expensive, depending on the access to poles, the prices and conditions of pole attachment contracts, and the time and resources needed for “make-ready” of the pole, inspection, and approval. Measures to expand access and reduce these additional costs can facilitate faster project implementation.
Federal highway right-of-way access: Coordinate with federal, state, and local transportation agencies to provide broadband right-of-way access.
Access to land and properties under the jurisdiction of the Federal Highway Administration (FHWA), such as interstate highways, bridges, and tunnels, is critical for deploying broadband infrastructure across long distances and connecting rural and remote areas. However, obtaining this access often involves multiple agencies, jurisdictions, and regulations, which creates uncertainty, inconsistency, and delays for projects. Early and proactive coordination with FHWA and state and local transportation agencies can help project proponents meet project schedule milestones.
Railroad right-of-way access: Work with public and private railroad operators to provide broadband right-of-way access.
Access to property that is owned or controlled by private or public rail-related entities, such as freight railroads, passenger railroads, and transit agencies, is often important for deploying broadband infrastructure across long distances along existing corridors. However, negotiating this access can be challenging, time-consuming, and expensive due to different policies, procedures, and requirements, safety considerations, and private railroad fees. Here, too, initial proposals reflect that some states have taken constructive steps to promote broadband access to rail rights-of-way.
State and local permitting: Encourage streamlining of local, state, and regional permitting processes.
State and local governments, such as counties, cities, towns, may establish distinct permitting processes and regulations. Broadband deployments may require zoning approval, land use and environmental planning, historic preservation reviews, public safety considerations, and public outreach and engagement, with the specifics varying across jurisdictions. States and local government authorities that explore ways to streamline and synchronize these permitting processes for broadband deployment can realize a range of permitting efficiencies and may be able to reduce duplicative or overlapping regulatory requirements.
NTIA’s grant programs represent a historic opportunity to ensure Internet for All. Each blog post in this series will highlight collaborative efforts and innovative approaches employed by various states and territories to address permitting hurdles and close the digital divide in the United States.