H.R. 5318: Reducing Antiquated Permitting for Infrastructure Deployment Act

This bill, known as the Reducing Antiquated Permitting for Infrastructure Deployment Act or RAPID Act, aims to streamline the process for deploying small personal wireless service facilities, such as antennas for mobile communications. The key provisions of the bill are as follows:

Exemptions from Environmental and Historical Reviews

The bill proposes that projects related to the deployment of small personal wireless service facilities will not be subject to certain reviews under:

• National Environmental Policy Act (NEPA): These projects would not be classified as major federal actions, eliminating the need for extensive environmental assessments.
• National Historic Preservation Act: Deployments would not be considered "undertakings," thus avoiding requirements for historical preservation reviews.

Presumption of Good Faith Effort

The bill establishes a presumption regarding the application process involving Indian Tribes:

• If an Indian Tribe receives a complete application form (FCC Form 620 or 621) and does not act within 45 days, it will be presumed that the applicant made a good faith effort to provide necessary information.
• It will also be assumed that the Tribe has disclaimed any interest in potential impacts on historical or cultural properties unless they take action to demonstrate otherwise.

Overcoming Presumptions

Indian Tribes can challenge the presumption of disinterest by demonstrating that the applicant did not make reasonable attempts to follow up on their application or that the application process did not comply with relevant agreements.

Definitions

The bill includes specific definitions to clarify terms used within its context:

• Commission: Refers to the Federal Communications Commission (FCC).
• Federal Authorization: Any approval required under federal law for a project.
• Indian Tribe: As defined by federal legislation pertaining to recognized tribes.
• Personal Wireless Service: Services defined under the Communications Act of 1934, including mobile data services.
• Small Personal Wireless Service Facility: Defined as a facility where antennas do not exceed 3 cubic feet in volume, excluding certain wireline facilities.

Purpose

The overarching goal of the RAPID Act is to facilitate the faster deployment of wireless infrastructure, thereby enhancing service availability and reducing potential delays associated with environmental and historical preservation processes.

Relevant Companies

• T (AT&T Inc.): Changes in permitting processes could expedite their capability to improve network coverage and deploy new technologies.
• VZ (Verizon Communications Inc.): Faster deployment of small cell technology could enhance service quality and customer satisfaction.
• SBAC (SBA Communications Corporation): As a major owner of communications infrastructure, the faster permitting could lead to increased business opportunities for facility deployment.