ACHP Moves to Streamline Broadband Infrastructure Permitting

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The Advisory Council on Historic Preservation (ACHP) established streamlined historic preservation permitting rules for communications infrastructure projects on federal lands. The changes are available to all Internet for All programs and broadband projects from all federal agencies, both on and off federal lands. The changes also include what the ACHP says is the first-ever provision requiring compensation for tribes for their assistance on broadband projects.

The purpose of the changes is to help federal agencies in efficiently permitting and approving the deployment of wired and wireless next generation technologies of communications infrastructure, including 5G, to connect all communities with reliable, high-speed internet, according to ACHP Chair Sara Bronin. What ACHP calls the “Program Comment” provides an alternative way for federal agencies to comply with Section 106 of the National Historic Preservation Act to take into account the effects of projects under its scope on historic properties and give the ACHP a reasonable opportunity to comment on them.  

NTIA sought the changes, saying they will increase the predictability and efficiency of National Historic Preservation Act “Section 106” reviews, simplifying permitting for recipients of NTIA and other federal agencies’ broadband deployment grants. “Streamlining permitting efforts is crucial to quickly deploy the high-speed Internet networks needed by families and businesses” across the country, said NTIA Administrator Alan Davidson. “The impact of the Advisory Council’s action will be felt immediately in our current broadband projects, and will make it easier for future deployments to connect unserved locations across America.”

The changes also add a provision that requires federal agencies to offer compensation when they ask Tribes to provide additional services beyond responding to findings and determinations under the Program Comment’s terms. “I’m proud that this Program Comment also offers, for the first time in any ACHP program alternative, mandatory financial compensation to Indian Tribes that assist in this effort – one of many steps we can and must take to fulfill our government-to-government obligations with Tribal nations,” said Bronin.

“All wireless deployments start with a permitting application, but too often our enhanced connectivity goals are quickly ensnared in red tape,” said WIA President/CEO Patrick Halley. “That’s why WIA applauds the NTIA and the Advisory Council on Historic Preservation for developing common sense rules that will expedite broadband deployment while respecting historically significant areas.”

“By amending the National Program Comment to apply across the federal ecosystem, these agencies have taken a critical step for increasing predictability in federal broadband permitting,” Halley explained. “This collaborative effort represents the kind of action we need to hasten broadband deployment by ensuring our permitting policies are more predictable, proportionate, and transparent across the board.”

By Leslie Stimson, Inside Towers Washington Bureau Chief

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