Streamlining and Expediting Requests To Locate Broadband Facilities in Rural America

Executive Order 13821 of January 8, 2018

Streamlining and Expediting Requests To Locate
Broadband Facilities in Rural America

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote better access to
broadband internet service in rural America, it is
hereby ordered as follows:

Section 1. Policy. Americans need access to reliable,
affordable broadband internet service to succeed in
today's information-driven, global economy. Currently,
too many American citizens and businesses still lack
access to this basic tool of modern economic
connectivity. This problem is particularly acute in
rural America, and it hinders the ability of rural
American communities to increase economic prosperity;
attract new businesses; enhance job growth; extend the
reach of affordable, high-quality healthcare; enrich
student learning with digital tools; and facilitate
access to the digital marketplace.

It shall therefore be the policy of the executive
branch to use all viable tools to accelerate the
deployment and adoption of affordable, reliable, modern
high-speed broadband connectivity in rural America,
including rural homes, farms, small businesses,
manufacturing and production sites, tribal communities,
transportation systems, and healthcare and education
facilities.

To implement this policy and enable sustainable rural
broadband infrastructure projects, executive
departments and agencies (agencies) should seek to
reduce barriers to capital investment, remove obstacles
to broadband services, and more efficiently employ
Government resources.

Among other actions, the executive branch will continue
its implementation of section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 (Public Law
112-96) (“section 6409”), which requires, among other
things, that the General Services Administration (GSA)
develop a common form and master contract for wireless
facility sitings on buildings and other property owned
by the Federal Government. These documents enable the
Federal Government to process wireless facility siting
requests more efficiently and will also provide
additional predictability regarding the availability of
locations for asset installation to installers of
wireless broadband facilities.

Sec. 2. Reviewing Requests to Locate Broadband
Facilities on Federal Real Property. (a) Within 180
days of the date of this order, the Administrator of
General Services (Administrator), in coordination with
the heads of Federal property managing agencies, shall
evaluate the effectiveness of the GSA Common Form
Application for use in streamlining and expediting the
processing and review of requests to locate broadband
facilities on Federal real property.

    (b) As part of this evaluation, the Administrator
shall determine whether any revisions to the GSA Common
Form Application are appropriate and, to the extent
consistent with law, shall begin implementation of any
such revisions.
    (c) In furtherance of section 6409, all applicants
and Federal property managing agencies shall use the
GSA Common Form Application for wireless service
antenna structure siting developed by the Administrator
for requests to locate broadband facilities on Federal
property. Federal property managing agencies shall
expeditiously review and approve such requests unless
an

approval would negatively affect performance of the
agency's mission or otherwise not be in the best
interests of the United States.
    (d) Within 180 days of the date of this order, and
on a quarterly basis thereafter, all Federal property
managing agencies shall report to the GSA regarding
their required use of the Common Form Application, the
number of Common Form Applications received, the
percentage approved, the percentage rejected, the basis
for any rejection, and the number of working days each
application was pending before being approved or
rejected. Each report shall include the number of
applications received, approved, and rejected within
the preceding quarter.
    (e) Ninety days after the date of this order, and
on a quarterly basis thereafter, the Administrator
shall prepare and provide to the Director of the Office
of Management and Budget (Director) an aggregated
summary report detailing results from the reports
submitted under subsection (d) of this section. Not
later than 1 year from the date of this order, the
Administrator shall recommend to the Director
improvements to the Common Form Application needed to
further the purposes of this order.

Sec. 3. Definitions. As used in this order:

    (a) The term “Federal property managing agencies”
means agencies that have custody and control of, or
responsibility for managing, Federal lands, buildings,
and rights of way, federally assisted highways, and
tribal lands.
    (b) The term “Federal real property” has the same
meaning as that term has in Executive Order 13327 of
February 4, 2004 (Federal Real Property Asset
Management).

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative,
or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 8, 2018.