Communications Facilities Deployment on Federal Property Act of 2018
This bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to require the General Services Administration (GSA) to create a common form and to establish a common processing fee for applications for easements, rights-of-way, and leases relating to communications facility installations on federal property.
The GSA must develop a master contract for the placement of communications facility installations on federal property.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4795 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4795
To amend the Middle Class Tax Relief and Job Creation Act of 2012 to
promote communications facilities deployment on Federal property, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2018
Mrs. Mimi Walters of California introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure, and
in addition to the Committee on Energy and Commerce, 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
_______________________________________________________________________
A BILL
To amend the Middle Class Tax Relief and Job Creation Act of 2012 to
promote communications facilities deployment on Federal property, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Facilities Deployment
on Federal Property Act of 2018''.
SEC. 2. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.
(a) In General.--Section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455) is amended--
(1) in the heading, by striking ``wireless'' and inserting
``communications''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Federal Easements, Rights-of-Way, and Leases.--
``(1) Grant.--If an entity applies for the grant of an
easement, right-of-way, or lease to, in, over, or on a building
or other property owned by the Federal Government for the right
to install, construct, modify, or maintain a communications
facility installation, the executive agency that is authorized
to grant such easement, right-of-way, or lease for the building
or other property may grant to the applicant an easement,
right-of-way, or lease to perform such installation,
construction, modification, or maintenance.
``(2) Application forms.--Not later than 30 days after the
date of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the Administrator
of General Services shall develop a required common form for
applications for easements, rights-of-way, or leases under
paragraph (1). An executive agency may not require an applicant
under paragraph (1) to use any form for submitting the
application other than the common form developed by the
Administrator of General Services under this paragraph and may
not require any significant information beyond the information
required by such common form.
``(3) Common fees.--
``(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after the date
of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the
Administrator of General Services shall establish a
common fee for the processing of applications under
paragraph (1) and subsection (c).
``(B) Fee guidelines.--The application fees
established pursuant to subparagraph (A) shall be--
``(i) based on direct and actual cost
recovery; and
``(ii) competitively neutral with regard to
other users of the building or other property
owned by the Federal Government.
``(C) Exceptions.--The Administrator of General
Services may establish exceptions to the fee amount
required under subparagraph (A)--
``(i) in consideration of the public
benefit provided by a grant of an easement,
right-of-way, or lease; and
``(ii) in the interest of expanding
wireless and broadband coverage.
``(4) Use of fees collected.--Any fee collected by an
executive agency pursuant to paragraph (3) may be made
available, as provided in appropriations Acts, to such agency
to cover the costs of granting the easement, right-of-way, or
lease.
``(c) Master Contracts for Communications Facility Installation
Sitings.--
``(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
151) or any other provision of law, not later 30 days after the
date of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the Administrator
of General Services shall--
``(A) develop one or more master contracts that
shall govern the placement of a communications facility
installation on a building or other property owned by
the Federal Government, which shall include offers of
lease terms for the communications facility
installation of not less than 10 years with automatic
lease renewals; and
``(B) in developing the master contract or
contracts, standardize the treatment of the placement
of a communications facility installation on a building
rooftop or facade, the placement of a communications
facility installation on a rooftop or inside a
building, the technology used in connection with a
communications facility installation placed on a
Federal building and other property, and any other key
issues the Administrator of General Services considers
appropriate.
``(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible buildings
and other property owned by the Federal Government. An
executive agency may not enter into a contract governing the
placement of a communications facility installation on a
building or other property to which such a master contract
applies, unless the contract entered into by the agency is
consistent with, and does not contain any significant terms
beyond the terms contained in, such master contract.
``(d) Definitions.--In this section:
``(1) Communications facility installation.--The term
`communications facility installation' includes--
``(A) any infrastructure, including any
transmitting device, tower, or support structure, and
any equipment, switches, wiring, cabling, power
sources, shelters, or cabinets, associated with the
licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, or sounds of all kinds; and
``(B) any antenna or apparatus that--
``(i) is designed for the purpose of
emitting or receiving radio frequency;
``(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission or is using
duly authorized devices that do not require
individual licenses; and
``(iii) is added to a tower, building, or
other structure.
``(2) Executive agency.--The term `executive agency' has
the meaning given such term in section 102 of title 40, United
States Code.''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 30 days after the date of the enactment of this Act.
(c) Effect on Existing Applications.--An application for an
easement, right-of-way, or lease that was made or granted under section
6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) before the effective date of this Act shall continue,
subject to such section as in effect on the day before such effective
date.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, 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.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, 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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Communications and Technology.
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