As committee leadership prepares to bring H.R. 3557, the American Broadband Deployment Act, to the floor, the city voice is needed to oppose the bill.

Regulatory overreach

H.R. 3557 would impose extreme preemptions on local telecommunications siting and cable franchise authority. Despite Washington’s existing laws for broadband deployment, localities will be impacted. What’s more, the bill goes well beyond the restrictions imposed by the FCC in recent years. For more context, read NLC’s latest update on the legislation and AWC’s previous coverage.

While the House is currently unable to vote on legislation due to the ongoing Speaker battle, there is no way of knowing what the votes will be on the other side of the logjam. Now is the perfect time to contact your delegation in opposition to the bill. Cities need to convince enough members of Congress that even holding a vote on the bill would be politically disadvantageous. In addition, we don't want to see the bill hitch a ride as an amendment on another legislative vehicle; lawmakers need to know now that cities actively oppose the bill. NLC, NACo, USCM, and NATOA recently sent a joint letter to House leadership opposing the bill.

City advocacy needs to push back on the notion that local governments, local permitting processes, and local franchise authority are a major impediment to broadband deployment. Lawmakers need to hear that local governments are actively working to bring broadband infrastructure investment to their residents and are doing so in a way that protects the public interest.

Some readers may believe there is no need to worry about the House because the Senate is a backstop that will protect against a partisan bill even in the absence of local advocacy. This is not true. While the Senate has yet to introduce its own version, there are enough moderates in both chambers who are receptive to industry messaging around streamlining infrastructure deployment through local preemption. The bill is being sold as a "win" on broadband that does not require additional appropriations. Decisive action in the House this year may prevent heartache later.

Contact your U.S. Congressmembers now

We encourage cities to use the below talking points and NLC’s calling tool to tell your delegation that:

• They should oppose H.R. 3557. The bill will preempt important local authority while offering no improvement in broadband service to communities.

• Local governments are just as eager as ISPs, if not more, to have quality broadband infrastructure deployed throughout their communities.

• Local permitting and cable franchising processes are intended to ensure this infrastructure is deployed in the public interest and that work is done safely and in a way that protects valuable public resources, including the rights of way. Local governments are the stewards of these finite public resources.

• There is no evidence that heavy-handed preemptive federal mandates, such as harsh permitting shot clocks and restrictions on permitting fee arrangements or cable franchises, have expedited the deployment of broadband infrastructure.

• It is inappropriate for Congress to apply harsher timelines and restrictions on local governments for these processes than it does on federal agencies.

• We ask that Congress treat local governments as partners, not adversaries, in the effort to close the digital divide. We ask that Congress respect processes that are best managed at the level of government closest and most responsive to the people.

Please contact AWC if you have questions or if you receive feedback from your Congressmembers.