News Flash

Federal Government

Posted on: June 23, 2023

Bill Preempting Local Control of ROW Advancing in Congress

A bill was recently passed out of the U.S. House Energy and Commerce Committee, that would impose new restrictions on local authorities to regulate local land use and zoning issues related to the deployment of telecommunications equipment.

The American Broadband Deployment Act of 2023 (H.R. 3557) would make various changes to federal law that would usurp state and local government police power and property rights, and limit the ability of state and local franchise authorities to enforce cable franchise agreements. 

H.R. 3557 would mandate that all wireless siting decisions be “deemed granted” if not acted upon by local governments within a shortened timeframe and provides no public safety protections for construction of “deemed granted” facilities. In addition, telecommunications providers would be empowered to install facilities where they choose, regardless of local zoning and other municipal controls.

These advantages and more and provided to telecommunication providers all without any obligations to provide broadband to unserved or underserved residents. 

The League joins our affiliate, the Jersey Access Group, in opposition to H.R. 3557 and urges our members to reach out to their federal representatives and urge them to ensure this legislation advances no further. For more information on H.R. 3557 and its potential impact on municipal governments please see the special legislative newsletter from the Jersey Access Group.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137. 

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