Last month, the US House Energy and Commerce Committee approved and reported H.R. 2289, the American Broadband Deployment Act of 2025. This sweeping federal permitting bill would significantly reshape how state and local governments regulate broadband and telecommunications infrastructure.
What began as a narrow, one-page proposal to exempt specified broadband projects from federal environmental and historic review requirements has expanded dramatically.
Through committee amendments, H.R. 2289 expanded into a roughly 100-page omnibus bill, incorporating more than 20 separate permitting and preemption provisions affecting wireless siting, wireline broadband deployment, cable franchising, and federal review processes.
Notably, the bill would strip local authorities of authority over the siting and modification of” small-cell wireless facilities,” which counties and municipalities manage daily in public rights-of-way. These facilities raise real land-use, safety, and infrastructure coordination issues that require local review, not automatic approvals.
Collectively, these changes represent one of the most significant federal interventions into broadband permitting and local land-use authority in many years.
What the bill proposes
As introduced, H.R. 2289 focused on exempting specified “eligible facilities requests” from review under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA).
During committee consideration, however, the bill expanded well beyond that initial scope. As reported, the legislation now addresses:
- Wireless facility siting and modification timelines
- Wireline broadband deployment approvals
- Cable franchising authority and renewal processes
- Federal environmental and historic preservation reviews
- Local permitting standards applicable to facilities in public rights-of-way and on locally controlled property
While the provisions vary in detail and scope, they share a common effect: narrowing local governments’ discretion to manage infrastructure placement, enforce locally adopted standards, and balance deployment needs with community priorities.
Why are counties so concerned?
Counties play a central role in broadband deployment. Local governments manage public rights-of-way, oversee land use decisions, protect public safety, and work directly with providers to facilitate infrastructure expansion.
Over decades, counties have partnered with telecommunications providers across multiple generations of technology to enable deployment while accounting for local conditions, neighborhood impacts, and long-term infrastructure planning.
Federal legislation that replaces local processes with uniform mandates raises concerns when it:
- Limits local authority over facilities placed in county-controlled rights-of-way or on county property
- Reduces opportunities for community input and coordination
- Imposes accelerated timelines that do not reflect on-the-ground realities
- Advances deployment without corresponding obligations to serve unserved or underserved communities
Counties do not oppose broadband deployment. Counties actively support it. But effective deployment depends on collaboration and local flexibility, not broad federal preemption.
Familiar ground for counties
H.R. 2289 follows a line of prior federal proposals that sought to accelerate broadband deployment by overriding local permitting and zoning authority. Similar legislation considered in prior Congresses prompted opposition from counties and other local governments due to concerns over process, safety, and the erosion of local decision-making.
The scale of H.R. 2289, as amended, raises renewed questions about how federal broadband policy balances speed with accountability and whether local governments remain meaningful partners in deployment efforts.
What’s next?
H.R. 2289 has been reported out of the House Energy and Commerce Committee and now awaits further action by the full House.
MACo will continue to monitor the bill and work with the National Association of Counties (NACo) to assess its implications for counties and local communities.
Stay tuned to Conduit Street for updates as Congress continues to debate federal broadband permitting policy.
