Stop the Digital Prison!
Take Action to Oppose HR-3557: The American Broadband Deployment [Digital Prison] Act of 2023
Note: Wire America is grateful for the diligent research assistance from eyemind concepts, Montgomery County, MD | Read helpful HR-3557, Title I, §101 Introduction here.
- Call/email your federal Senators and House Representatives to communicate your opposition to HR-3557.
- Call/email your state, county and local municipality government officials, encouraging them to communicate their opposition to HR-3557.
- Complete this Childrens’ Health Defense Action
- Complete this National Heath Federation Action
- Complete this Environmental Health Trust Action
- Sign this change.org petition to oppose HR-3557, but I recommend not signing up for a change.org account; they repeatedly hit you up for contributions, which go to them, not the creators of the petition.
Fire Hazards of Wireless Telecommunications Facilities (WTFs)
Written by Susan Foster and co-written, designed/produced by eyemind concepts –– collaborating as Works of Arc.

Local Government Opposes HR-3557: The American Digital Prison Act of 2023
Wire America: See the most recent joint letter to the U.S. House Energy and Commerce (E&C) Committee from the four national organizations, featured below: NACo, NLC, USCM and NATOA.
July 10, 2023 — HR-3557 Introduction |
August 22, 2023 — Oppose, HR-3557, the “Digital Prison” Act |
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National Organizations Opposing HR-3557
National Association of Counties |
National League of Cities |
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Link to opposition letter. On May 24, 2023, the House Energy and Commerce Committee passed out of the full committee an amendment in the nature of a substitute titled the American Broadband Deployment Act of 2023 (H.R. 3557). H.R. 3557 would enact new restrictions on a variety of state and local land use and zoning authorities pertaining to the deployment of telecommunications infrastructure, including both wireless deployment and wireline deployment, as well as impose limitations on the ability for counties to negotiate and renew cable franchise agreements. The bill passed on a party-line vote of 27-23. The following provisions are bad for counties and are included in H.R. 3557:
The National Association of Counties (NACo), alongside local government organization partners the National League of Cities (NLC), the U.S. Conference of Mayors (USCM), and the National Association of Telecommunications Officers and Advisors (NATOA) urged the House Subcommittee on Communications and Technology to reject legislation that would infringe upon local authorities prior to an April 19 markup of the component bills to H.R. 3557. A link to the letter can be found here. Counties strongly urge Congress to preserve all local land use and zoning authorities throughout the stages of deployment of broadband infrastructure projects. Counties stand ready to serve as partners in the deployment of broadband infrastructure projects, and a preemption of local decision-making authority would only subvert the intentions of historic federally-funded broadband programs by reducing the ability of counties to ensure deployment projects will meet all community needs. |
Link to opposition letter. On May 24, 2023, the House Energy and Commerce Committee marked up 19 bills. One bill, H.R. 3557, the American Broadband Deployment Act of 2023, is of particular interest to local governments. This legislation would codify in statute recent actions taken by the Federal Communications Commission to preempt local authority over wireless telecommunications facility siting and cable franchises and impose several new preemptions. The bill advanced along partisan lines as amended, with Ranking Member Pallone and Reps. Ruiz, Dingell, Matsui, and Tonko offering their own amendments to eliminate or reduce these preemptions. Those representatives also noted the outspoken objections of local and tribal government to the bill. When the committee held an initial hearing on broadband permitting streamlining, including a draft of the American Broadband Deployment Act, no state or local government was invited to testify. NLC and other local stakeholders highlighted the lack of local input, as well as the harms of communications infrastructure preemption for local governments. In particular, NLC flagged the “deemed granted” provisions included in the passed version of H.R. 3557, which go beyond existing regulatory preemption and would automatically grant requests to construct communications equipment if the local government has not made a determination within as few as 60 days, depending on the request type . . . Local permitting and cable franchising processes are intended to make sure that communications infrastructure is deployed equitably and in the public interest, that work is done safely and in a way that protects valuable public resources, including the rights of way. Local governments are the stewards of these finite public resources. There is no evidence that heavy-handed preemptive mandates, such as harsh permitting shot clocks, deemed granted policies, or restrictions on permitting fee arrangements or cable franchises, have expedited the deployment of broadband infrastructure . . . City leaders should call their members of Congress and urge them to oppose H.R. 3557. . . . Cities must call on Congress to treat local governments as partners in the effort to close the digital divide, not enemies. Congress and federal agencies must respect local processes, which are best managed at the level of government closest and most responsive to the people. Click here to access talking points and your representative’s office phone number. |
U.S. Conference of Mayors |
National Association of Telecommunications Officers and Advisors (NATOA) |
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Link to opposition letter. Resolution Opposing H.R. 3557, the American Broadband Act of 2023
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Link to opposition letter. On April 19, 2023, the Energy & Commerce Subcommittee on Communications and Technology will hold a hearing entitled “Breaking Barriers: Streamlining Permitting to Expedite Broadband Deployment.” According to the Committee’s Majority Staff Memo, the hearing will take up more than 30 bills aimed at what are described as ‘Federal Barriers’ and ‘State and Local Government Obstacles’ and ‘Pole Attachments (Access to poles)’ to broadband infrastructure deployment. See the hearing memo and a list of bills here. The Majority Staff pose a set of questions for the hearing:
On behalf of the nation’s counties, cities, towns and villages, the National League of Cities (NLC), United States Conference of Mayors (USCM), National Association of Counties (NACo) and the National Association of Telecommunications Officers and Advisors (NATOA) have signed a joint letter of response to the Subcommittee, stating:
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From eyemind concepts: During the U.S. House E&C Committee markup proceedings on May 24, 2023 re: HR 3557, Committee ranking member Frank Pallone (D NJ-6) offered an Amendment to HR-3557 and opposed the bill, as written. He called attention to a letter the Committee received that day from the Georgia Municipal Association — representing all 537 municipalities in Georgia — including the district represented by the HR-3557 bill sponsor, Rep. Earl “Buddy” Carter (R-GA-1).
Georgia Municipal Association (GMA) |
Alliance for Community Media (ACM) |
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May 24, 2023 | Link to opposition letter
Dear Chair McMorris Rodgers and Ranking Member Pallone:
The Georgia Municipal Association (GMA) stands OPPOSED to H.R. 3557, the American Broadband Deployment Act of 2023. We oppose the bill for the reasons listed below.
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This measure represents a substantial federal overreach into a fundamentally local process: the oversight of the placement of wireless [telecommunications] facilities on locally-managed public rights of way.
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This bill creates unfunded mandates on local governments and inhibits their ability to be directly responsive to residents and good stewards of public resources.
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When the Communications and Technology Subcommittee held its broadband permitting hearing in April 2023, despite considering multiple bills impacting state and local permitting processes, no state or local officials were invited to testify. GMA urges the committee NOT to move H.R. 3557 forward without the opportunity to receive sufficient input from state and local governments.
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From 2017 – 2020, I was appointed by Chairman Ajit Pai to serve on the FCC’s Broadband Deployment Advisory Council (BDAC), including serving as co-chair of the Model Code for Municipalities Working Group, as well as on a number of committees and subcommittees. During my tenure on this group, I was able to share a great deal of information with the FCC members and BDAC from my perspective as GMA’s CEO as well as from my decades of experience as a city manager in Valdosta, Georgia. During each meeting, I described the challenges that local governments face in maintaining local rights of way; the need to preserve the integrity of our communities; and the need for local input into permitting process. Our committee recognized that one size does not fit all, and we created a model policy that gives fair compensation to local governments but also flexibility for the needs of industry. I have never heard a local official say they oppose bringing new technology to their residents and businesses, all they want is a reasonable opportunity to regulate the public right of way and protect the public’s health, safety, and quality of life . . .
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GMA opposes any legislation or regulation that weakens the authority of Georgia’s municipalities to regulate the use of their public rights-of-way, and which diminishes their authority to locally determine appropriate compensation for such use. GMA supports a balanced approach to telecommunications policy that allows innovative technologies to flourish while preserving traditional local regulatory authority . . .
GMA does not believe this measure will result in increased availability of broadband for Georgians. GMA remains opposed to H.R. 3557.
H.R. 3557, entitled the “American Broadband Act of 2023,” represents an unprecedented and dangerous
usurpation of local governments’ authority to manage public rights-of-way and land use; it strips local
governments of property rights and monetary compensation in favor of cable, wireless and
telecommunications providers. The bill also waives historic preservation (NHPA) and environmental
(NEPA) rules. Yet in return for these gifts, the bill imposes no obligations on these companies to
provide broadband to “unserved” and “underserved” Americans.
H.R. 3557 should be opposed, [because the bill gives major concessions to Wireless Telecom and Cabie industries, while not obligating telecom and broadband providers to deliver broadband to “unserved” and “underserved” Americans.]
Wireless/Telecom: Usurps State & Local Government Police Powers & Property Rights
- Mandates that all wireless siting decisions be “deemed granted” if not acted upon by local
governments within much shorter time periods than the federal government for similar projects
government has 270 days to act, while locals must act in as few as 60 days. - Provides no public safety protections for construction of “deemed granted” facilities. Sites will be
constructed without any further action by the government, without notice to the government or
obligation to comply with safety laws or traffic control. - Empowers providers to install facilities where they choose regardless of local zoning, thus
eliminating the ability of local government to balance providers’ and neighbors’ interests and
jeopardizing the ability of local governments to impose stealth or concealment factors on
installations. - Limits all local fees to a locality’s objectively reasonable costs. Unlike current FCC rules and safe
harbor pricing, localities must justify their fees using a complex, burdensome rate-making formula. - Substitutes the FCC for local federal district court as a reviewing body for challenges to decisions,
thus breaking promise made by Congress in 1996 that local governments would not be required to
travel to Washington to defend local decisions. - Imposes new and similarly flawed timelines and “deemed granted” remedies on applications for
telecommunications facilities.
Cable: Removes Ability of State and Local Franchise Authorities to Enforce Franchises
- Eliminates cable franchise renewals, thereby removing the ability of state or local communities to
enforce franchise obligations such as build-out, customer service, and local PEG Access channels. - Grants a cable operator the unilateral right to terminate or modify a franchise but creates no
obligation to remove a cable system from rights-of-way. This would eliminate cable franchise fees
but allow operators to maintain other services. It would also allow operators to unilaterally
eliminate provisions of contracts they deem commercially unfeasible.
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The Maryland Association of Counties (MACo) is the non-profit, non-partisan voice of all 24 Maryland counties promoting effective, efficient government through advocacy, education, and collaboration. The Association’s membership consists of county elected officials and representatives from Maryland’s 23 counties and Baltimore City. Staff and contact information is at http://mdcounties.org/85/Staff. See article –– HR-3557 opposition letter
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The Jersey Access Group (JAG) is an organization that advocates, promotes, and preserves the right to media production, distribution, civic engagement, and education in support of diverse community voices, through Public, Educational and Government access facilities and other forms of media. JAG is a Chapter of NATOA and an Affiliate of the NJ League of Municipalities. JAG wants every one of [its] New Jersey municipalities, along with our county, state and federal legislatures to be aware of HR 3557. If the bill proceeds as it currently is written, the public will get nothing in return from it but hardships, while the telecommunications companies alone will reap all of its benefits. Phone: 201-261-0786. –– HR-3557 opposition letter.
HR-3557 Background
May, 24 2023 — Markup of HR-3557 |
July 10, 2023 — HR-3557 Introduction |
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- H.R. 3557 Markup Opening Statements: https://youtu.be/hTdbj3HKi5E?t=74
- HR-3557 Markup Discussion: https://youtu.be/hTdbj3HKi5E?t=15752
- HR-3557: American
Broadband Deployment[Digital Prison] Act of 2023 is a partisan bill, supported by the Republicans and opposed by the Democrats. Ranking member Palone and the Democrats, apparently, say they are against the wireless industry give-aways, such as eliminating local control of the operation (note this additional word), placement, construction and modification of Wireless Telecommunications Facilities (WTFs), eliminating environmental/historical reviews of WTFs, establishing Deemed Granted ratchets for individual and batched WTF applications and making the FCC the reviewing body (versus a local federal district court) for WTF application challenges. See the very partisan amendment votes near the end of discussion; all amendments were rejected; HR-3557 includes the full text of previously introduced bills. - H.R. 3293, the Expediting Federal Broadband Deployment Reviews Act (bi-partisan support)
- H.R. 3299, the Deploying Infrastructure with Greater Internet Transactions and Legacy Applications Act or DIGITAL Applications Act (bi-partisan support)
- H.R. 3283, the Facilitating the Deployment of Infrastructure with Greater Internet Transactions and Legacy Applications Act or Facilitating DIGITAL Applications Act (bi-partisan support)
- H.R. 3343, the Federal Broadband Deployment Tracking Act (bi-partisan support)
- H.R. 3565, the Spectrum Auction Reauthorization Act of 2023 (bi-partisan support)
HR-3557 Co-Sponsors
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- Rep. Moran, Nathaniel [R-TX-1]
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- Rep. Dunn, Neal P. [R-FL-2]
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- Rep. Walberg, Tim [R-MI-5]
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- Rep. Crenshaw, Dan [R-TX-2]
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- Rep. Johnson, Bill [R-OH-6]
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- Rep. Bilirakis, Gus M. [R-FL-12]
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- Rep. Cammack, Kat [R-FL-3]
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- Rep. Lesko, Debbie [R-AZ-8]
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- Rep. Pence, Greg [R-IN-6]
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- Rep. Weber, Randy K., Sr. [R-TX-14]
HR-3557 Actions
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- 05/24/2023 Ordered to be Reported (Amended) by the Yeas and Nays: 27 – 23.
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- 05/24/2023 Committee Consideration and Mark-up Session Held.
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- 05/23/2023 Referred to the Subcommittee on Highways and Transit.
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- 05/23/2023 Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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- 05/22/2023 Referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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- 05/22/2023 Referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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- 05/22/2023 Referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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- 05/22/2023 Introduced in House of Representatives
HR-3557 Table of Contents | Key Comparison
Title I — State and Local Siting Processes
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- Sec. 101. Preservation of local zoning authority.
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- Sec. 102. Removal of barriers to entry.
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- Sec. 103. Requests for modification of certain existing wireless and telecommunications service facilities.
Title II — Cable
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- Sec. 201. Request for new franchise.
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- Sec. 202. Request regarding placement, construction, or modification of cable equipment.
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- Sec. 203. Cable franchise term and termination.
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- Sec. 204. Sales of cable systems.
Title III — Environmental and Historic Preservation Reviews
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- Sec. 301. Application of NEPA and NHPA to certain communications projects.
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- Sec. 302. Presumption with respect to certain complete FCC forms.
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- Sec. 303. Rule of construction.
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- Sec. 304. Definitions.
Title IV — Other Matters
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- Sec. 401. Timely consideration of applications for Federal easements, rights-of-way, and leases.
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- Sec. 402. Streamlining of certain fees relating to broadband infrastructure required to receive grant funds under BEAD Program.