HR1975-119

1. Short title This Act may be cited as the Broadband Expansion And Deployment Fee Equity and Efficiency Act of 2025 or the BEAD FEE Act of 2025.

2. Streamlining of certain fees relating to broadband infrastructure required to receive grant funds under BEAD Program Section 60102(e) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1702(e)) is amended by adding at the end the following: After the date of the enactment of this paragraph, the Assistant Secretary may not make available to an eligible entity grant funds under this section (except for grant funds under paragraph (1)(C)) if the eligible entity, or any political subdivision of the eligible entity, charges a fee to consider a request for authorization to place, construct, or modify infrastructure for the provision of broadband service, or a fee for use of a right-of-way or infrastructure in a right-of-way owned or managed by the entity or political subdivision for the placement, construction, or modification of infrastructure for the provision of broadband service, unless such fee is— competitively neutral, technology neutral, and nondiscriminatory; publicly disclosed; calculated— based on actual and direct costs, such as costs for— review and processing of requests; and repairs and replacement of— components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of infrastructure for the provision of broadband service; or equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such infrastructure; and using, for purposes of clause (i), only costs that are objectively reasonable; and described to a requesting party in a manner that distinguishes between— nonrecurring fees and recurring fees; and the use of infrastructure on which infrastructure for the provision of broadband service is already located and infrastructure on which there is no infrastructure for the provision of broadband service as of the date on which the request is received by the eligible entity or political subdivision. (5)Streamlining of certain fees relating to broadband infrastructure requiredAfter the date of the enactment of this paragraph, the Assistant Secretary may not make available to an eligible entity grant funds under this section (except for grant funds under paragraph (1)(C)) if the eligible entity, or any political subdivision of the eligible entity, charges a fee to consider a request for authorization to place, construct, or modify infrastructure for the provision of broadband service, or a fee for use of a right-of-way or infrastructure in a right-of-way owned or managed by the entity or political subdivision for the placement, construction, or modification of infrastructure for the provision of broadband service, unless such fee is— (A)competitively neutral, technology neutral, and nondiscriminatory; (B)publicly disclosed; (C)calculated— (i)based on actual and direct costs, such as costs for— (I)review and processing of requests; and (II)repairs and replacement of— (aa)components and materials resulting from and affected by the placement, construction, or modification (including the installation or improvement) of infrastructure for the provision of broadband service; or (bb)equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such infrastructure; and (ii)using, for purposes of clause (i), only costs that are objectively reasonable; and (D)described to a requesting party in a manner that distinguishes between— (i)nonrecurring fees and recurring fees; and (ii)the use of infrastructure on which infrastructure for the provision of broadband service is already located and infrastructure on which there is no infrastructure for the provision of broadband service as of the date on which the request is received by the eligible entity or political subdivision..