S. 4561: Closing Long Overdue Streamlining Encumbrances To Help Expeditiously Generate Approved Permits Act

The "Closing Long Overdue Streamlining Encumbrances To Help Expeditiously Generate Approved Permits Act," also known as the "CLOSE THE GAP Act," aims to modernize and streamline the approval process for broadband infrastructure projects on federal land. Here are the key provisions and implications of the bill:

Purpose and Definitions

The bill intends to improve the process of obtaining permits for communications facilities on federal land, including areas managed by agencies such as the National Park Service, Bureau of Land Management, and others. It provides definitions for terms used in the legislation, such as:

• Communications facility: Defined under previous legislation, referring to installations related to telecommunications.
• Communications use authorization: The official permission needed to locate or modify a communications facility on federal land.
• Cost recovery fee: Fees associated with applications for communications use authorization, ensuring that they cover the costs incurred by federal agencies.

Streamlining Regulations

Within one year of the bill’s enactment, the Secretary of the concerned federal agencies will be required to establish regulations that:

• Standardize the application process across different federal land management units.
• Ensure applications are treated equally, promoting competition and neutrality regardless of technology.
• Implement an annual cost recovery fee based solely on the processing costs for applications and overseeing any related construction.

Tracking and Reporting

The regulations must include a system to track application status. This includes:

• A public website where users can see how many applications are received, approved, or denied.
• Procedures for communicating the reasons for any denied applications, along with options for appeal.
• Time frames for processing applications from submission to final decision.

Minimum Lease Terms

The bill stipulates that leases for communications facilities on federal land should last a minimum of 30 years.

Exemptions from Environmental Reviews

Certain projects may be exempt from lengthy reviews under the National Environmental Policy Act if they involve:

• Existing communications infrastructure or facilities on previously analyzed federal land.
• Improvements to existing facilities that enhance public safety, such as backup power or infrastructure upgrades.

Online Permitting System

All federal land management agencies will need to establish online portals for submitting the required forms, making it easier for applicants to access the permitting process electronically.

Cost Recovery and Special Accounts

The bill establishes special accounts for cost recovery fees associated with communications use authorizations, ensuring that these funds are retained by the respective federal agencies for management and improvement of communications services.

Working Group Creation

A working group will be formed comprising representatives from various federal land management agencies. This group will focus on facilitating communication, coordinating reviews of applications, and leveraging broadband location data to identify unserved areas.

Data Collection and Reporting

The bill mandates the collection of data on the status of applications for broadband project permits, including those pending or approved after established deadlines. A report will be generated to analyze the factors causing delays and offer recommendations for improvement.

Relevant Companies

• T - AT&T Inc.: As a major telecommunications provider, AT&T is likely to be affected by changes in the permitting process for communication facilities, which could accelerate its infrastructure development on federal lands.
• VZ - Verizon Communications Inc.: Similar to AT&T, Verizon may benefit from a streamlined permitting process, allowing quicker expansion of its broadband and telecommunications networks.
• CMCSA - Comcast Corporation: Comcast, as a broadband provider, could see advantages in gaining approvals for new infrastructure projects on federal lands, enhancing service coverage.