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 telecommunications services, including based on the technology used to provide services. In addition, states and localities 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 (1) to review requests to place, construct, or modify telecommunications service facilities; or (2) for the use of property owned or managed by the state or locality for the placement, construction, or modification of those facilities.

States or localities must respond to requests to place, construct, or modify facilities and for other related actions by specified deadlines. Such deadlines may only be tolled by a mutual agreement between the applicant and the state or locality, or in the event that the application is incomplete and requires a supplemental submission. If a decision is not made by the deadline, the request is deemed to be approved. Further, denials of requests must be made in writing, supported by evidence, and promptly released to the public.

A person adversely affected by an alleged violation of these provisions may petition the courts for expedited review of the actions of the state or locality.