BROADBAND Leadership Act

Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act or the BROADBAND Leadership Act

This bill limits the authority of a state or locality to regulate the placement, construction, or modification of telecommunications service facilities.

States and localities may not discriminate in such regulations among providers of functionally equivalent services, including based on the technology used to provide services. In addition, they may not regulate in a manner that effectively prohibits the provision or improvement of interstate or intrastate telecommunications services.

However, states and localities may charge reasonable, cost-based fees for (1) reviewing requests to place, construct, or modify telecommunications service facilities; or (2) using property owned or managed by the state or locality for placing, constructing, or modifying those facilities.

Additionally, states or localities must respond to requests for placing, constructing, or modifying facilities and for other actions related to those facilities by specified deadlines. If a decision is not made by the deadline, the request is deemed to be approved. Further, denials of requests must be (1) written, (2) supported by substantial evidence, and (3) publicly released on the same day the decision is made.

An adversely affected person may petition the courts to review the actions of a state or locality, and the courts must review in an expedited manner.