No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3557 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3557
To streamline Federal, State, and local permitting and regulatory
reviews to expedite the deployment of communications facilities, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2023
Mr. Carter of Georgia (for himself, Mr. Moran, and Mr. Dunn of Florida)
introduced the following bill; which was 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
_______________________________________________________________________
A BILL
To streamline Federal, State, and local permitting and regulatory
reviews to expedite the deployment of communications facilities, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Broadband
Deployment Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STATE AND LOCAL SITING PROCESSES
Sec. 101. Preservation of local zoning authority.
Sec. 102. Removal of barriers to entry.
Sec. 103. Requests for modification of certain existing wireless and
telecommunications service facilities.
TITLE II--CABLE
Sec. 201. Request for new franchise.
Sec. 202. Request regarding placement, construction, or modification of
cable equipment.
Sec. 203. Cable franchise term and termination.
Sec. 204. Sales of cable systems.
TITLE III--ENVIRONMENTAL AND HISTORIC PRESERVATION REVIEWS
Sec. 301. Application of NEPA and NHPA to certain communications
projects.
Sec. 302. Presumption with respect to certain complete FCC forms.
Sec. 303. Rule of construction.
Sec. 304. Definitions.
TITLE IV--OTHER MATTERS
Sec. 401. Timely consideration of applications for Federal easements,
rights-of-way, and leases.
Sec. 402. Streamlining of certain fees relating to broadband
infrastructure required to receive grant
funds under BEAD Program.
TITLE I--STATE AND LOCAL SITING PROCESSES
SEC. 101. PRESERVATION OF LOCAL ZONING AUTHORITY.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c))
is amended by striking paragraph (7) and inserting the following:
``(7) Preservation of local zoning authority.--
``(A) General authority.--Except as provided in
this paragraph, nothing in this Act shall limit or
affect the authority of a State or local government or
instrumentality thereof over decisions regarding the
placement, construction, or modification of personal
wireless service facilities.
``(B) Limitations.--
``(i) In general.--The regulation of the
placement, construction, or modification of a
personal wireless service facility by any State
or local government or instrumentality
thereof--
``(I) shall not discriminate among
personal wireless service facilities or
providers of communications service,
including by providing exclusive or
preferential use of facilities to a
particular provider or class of
providers of personal wireless service;
and
``(II) shall not prohibit or have
the effect of prohibiting the
provision, improvement, or enhancement
of personal wireless service.
``(ii) Engineering standards; aesthetic
requirements.--It is not a violation of clause
(i) for a State or local government or
instrumentality thereof to establish for
personal wireless service facilities, or
structures that support such facilities,
objective, reasonable, and nondiscriminatory--
``(I) structural engineering
standards based on generally applicable
codes;
``(II) safety requirements (subject
to clause (vi)); or
``(III) aesthetic or concealment
requirements (unless such requirements
prohibit or have the effect of
prohibiting the installation or
modification of such facilities or
structures).
``(iii) Timeframes.--
``(I) In general.--A State or local
government or instrumentality thereof
shall grant or deny a request for
authorization to place, construct, or
modify a personal wireless service
facility not later than--
``(aa) in the case of a
request for authorization to
place, construct, or modify a
personal wireless service
facility that is not a small
personal wireless service
facility--
``(AA) if the
request is for
authorization to place,
construct, or modify
such facility using an
existing structure,
including with respect
to an area that has not
previously been zoned
for personal wireless
service facilities
(other than small
personal wireless
service facilities), 90
days after the date on
which the request is
submitted by the
requesting party to the
government or
instrumentality; or
``(BB) if the
request is for any
other action relating
to such facility, 150
days after the date on
which the request is
submitted by the
requesting party to the
government or
instrumentality; and
``(bb) in the case of a
request for authorization to
place, construct, or modify a
small personal wireless service
facility--
``(AA) if the
request is for
authorization to place,
construct, or modify
such facility using an
existing structure,
including with respect
to an area that has not
previously been zoned
for personal wireless
service facilities, 60
days after the date on
which the request is
submitted by the
requesting party to the
government or
instrumentality; or
``(BB) if the
request is for any
other action relating
to such facility, 90
days after the date on
which the request is
submitted by the
requesting party to the
government or
instrumentality.
``(II) Treatment of batched
requests.--In the case of requests
described in subclause (I) that are
submitted as part of a single batch by
the requesting party to the government
or instrumentality on the same day, the
applicable timeframe under such
subclause for each request in the batch
shall be the longest timeframe under
such subclause that would be applicable
to any request in the batch if such
requests were submitted separately.
``(III) Applicability.--The
applicable timeframe under subclause
(I) shall apply collectively to all
proceedings required by a State or
local government or instrumentality
thereof for the approval of the
request.
``(IV) No moritoria.--A timeframe
under subclause (I) may not be tolled
by any moratorium, whether express or
de facto, imposed by a State or local
government or instrumentality thereof
on the submission, acceptance, or
consideration of any request for
authorization to place, construct, or
modify a personal wireless service
facility.
``(V) Tolling due to
incompleteness.--
``(aa) Initial request
incomplete.--
``(AA) Small
personal wireless
service facilities.--
If, not later than 10
days after the date on
which a requesting
party submits to a
State or local
government or
instrumentality thereof
a request for
authorization to place,
construct, or modify a
small personal wireless
service facility, the
government or
instrumentality
provides to the
requesting party a
written notice
described in item (cc)
with respect to the
request, the timeframe
described in subclause
(I) is tolled with
respect to the request
and shall restart at
zero on the date on
which the requesting
party submits to the
government or
instrumentality a
supplemental submission
in response to the
notice.
``(BB) Other
personal wireless
service facilities.--
If, not later than 30
days after the date on
which a requesting
party submits to a
State or local
government or
instrumentality thereof
a request for
authorization to place,
construct, or modify a
personal wireless
service facility that
is not a small personal
wireless service
facility, the
government or
instrumentality
provides to the
requesting party a
written notice
described in item (cc)
with respect to the
request, the timeframe
described in subclause
(I) is tolled with
respect to the request
until the date on which
the requesting party
submits to the
government or
instrumentality a
supplemental submission
in response to the
notice.
``(bb) Supplemental
submission incomplete.--If, not
later than 10 days after the
date on which a requesting
party submits to a State or
local government or
instrumentality thereof a
supplemental submission in
response to a written notice
described in item (cc), the
government or instrumentality
provides to the requesting
party a written notice
described in item (cc) with
respect to the supplemental
submission, the timeframe under
subclause (I) is further tolled
until the date on which the
requesting party submits to the
government or instrumentality a
subsequent supplemental
submission in response to the
notice.
``(cc) Written notice
described.--The written notice
described in this item is, with
respect to a request described
in subclause (I) or a
supplemental submission
described in item (aa) or (bb)
submitted to a State or local
government or instrumentality
thereof by a requesting party,
a written notice from the
government or instrumentality
to the requesting party--
``(AA) stating that
all of the information
(including any form or
other document)
required by the
government or
instrumentality to be
submitted for the
request to be
considered complete has
not been submitted;
``(BB) identifying
the information
described in subitem
(AA) that was not
submitted; and
``(CC) including a
citation to a specific
provision of a publicly
available rule,
regulation, or standard
issued by the
government or
instrumentality
requiring that such
information be
submitted with such a
request.
``(dd) Limitation on
subsequent written notice.--If
a written notice provided by a
State or local government or
instrumentality thereof to a
requesting party under item
(bb) with respect to a
supplemental submission
identifies as not having been
submitted any information that
was not identified as not
having been submitted in the
prior written notice under this
subclause in response to which
the supplemental submission was
submitted, the subsequent
written notice shall be treated
as not having been provided to
the requesting party.
``(VI) Tolling by mutual
agreement.--The timeframe under
subclause (I) may be tolled by mutual
agreement between the State or local
government or instrumentality thereof
and the requesting party.
``(iv) Deemed granted.--
``(I) In general.--If a State or
local government or instrumentality
thereof fails to take final action to
grant or deny a request within the
applicable timeframe under subclause
(I) of clause (iii), the request shall
be deemed granted on the date on which
the government or instrumentality
receives a written notice of the
failure from the requesting party.
``(II) Rule of construction.--In
the case of a request that is deemed
granted under subclause (I), the
placement, construction, or
modification requested in the request
shall be considered to be authorized,
without any further action by the
government or instrumentality,
beginning on the date on which the
request is deemed granted under such
subclause.
``(v) Written decision and record.--Any
decision by a State or local government or
instrumentality thereof to deny a request for
authorization to place, construct, or modify a
personal wireless service facility shall be--
``(I) in writing;
``(II) supported by substantial
evidence contained in a written record;
and
``(III) publicly released, and
provided to the requesting party, on
the same day such decision is made.
``(vi) Environmental effects of radio
frequency emissions.--No State or local
government or instrumentality thereof may
regulate the operation, placement,
construction, or modification of personal
wireless service facilities on the basis of the
environmental effects of radio frequency
emissions to the extent that such facilities or
structures comply with the Commission's
regulations concerning such emissions.
``(vii) Fees.--To the extent permitted by
law, a State or local government or
instrumentality thereof may charge a fee to
consider a request for authorization to place,
construct, or modify a personal wireless
service facility or a fee for use of a right-
of-way or a facility in a right-of-way owned or
managed by the government or instrumentality
for the placement, construction, or
modification of a personal wireless service
facility, if the fee is--
``(I) competitively neutral,
technology neutral, and
nondiscriminatory;
``(II) established in advance and
publicly disclosed;
``(III) calculated--
``(aa) based on actual and
direct costs for--
``(AA) review and
processing of requests;
and
``(BB) repairs and
replacement of
components and
materials directly
resulting from and
affected by the
placement,
construction, or
modification (including
the installation or
improvement) of
personal wireless
service facilities or
repairs and replacement
of equipment that
facilitates the
placement,
construction, or
modification (including
the installation or
improvement) of such
facilities; and
``(bb) using, for purposes
of item (aa), only costs that
are objectively reasonable; and
``(IV) described to a requesting
party in a manner that distinguishes
between--
``(aa) nonrecurring fees
and recurring fees; and
``(bb) the use of
facilities on which personal
wireless service facilities are
already located and facilities
on which there are no personal
wireless service facilities as
of the date on which the
request is submitted by the
requesting party to the
government or instrumentality.
``(C) Judicial or administrative review.--
``(i) Judicial review.--Any person
adversely affected by any final action or
failure to act by a State or local government
or any instrumentality thereof that is
inconsistent with this paragraph may, within 30
days after the action or failure to act,
commence an action in any court of competent
jurisdiction, which shall hear and decide the
action on an expedited basis.
``(ii) Administrative review.--
``(I) In general.--Any person
adversely affected by any final action
or failure to act by a State or local
government or any instrumentality
thereof that is inconsistent with this
paragraph may petition the Commission
to review such action or failure to
act.
``(II) Timing.--Not later than 120
days after receiving a petition under
subclause (I), the Commission shall
grant or deny such petition.
``(D) When request considered submitted.--For the
purposes of this paragraph, a request to a State or
local government or instrumentality thereof shall be
considered submitted on the date on which the
requesting party takes the first procedural step within
the control of the requesting party--
``(i) to submit such request in accordance
with the procedures established by the
government or instrumentality for the review
and approval of such a request; or
``(ii) in the case of a government or
instrumentality that has not established
specific procedures for the review and approval
of such a request, to submit to the government
or instrumentality the type of filing that is
typically required to initiate a standard
review for a similar facility or structure.
``(E) Rule of construction.--Nothing in this
paragraph may be construed to affect section 6409(a) of
the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1455(a)).
``(F) Definitions.--In this paragraph:
``(i) Antenna.--The term `antenna' means an
apparatus designed for the purpose of emitting
radiofrequency radiation, to be operated or
operating from a fixed location for the
transmission of writing, signs, signals, data,
images, pictures, and sounds of all kinds.
``(ii) Communications network.--The term
`communications network' means a network used
to provide a communications service.
``(iii) Communications service.--The term
`communications service' means each of--
``(I) cable service, as defined in
section 602;
``(II) information service;
``(III) telecommunications service;
and
``(IV) personal wireless service.
``(iv) Generally applicable code.--The term
`generally applicable code' means a uniform
building, fire, electrical, plumbing, or
mechanical code adopted by a national code
organization, or a local amendment to such a
code, to the extent not inconsistent with this
Act.
``(v) Network interface device.--The term
`network interface device' means a
telecommunications demarcation device and
cross-connect point that--
``(I) is adjacent or proximate to--
``(aa) a small personal
wireless service facility; or
``(bb) a structure
supporting a small personal
wireless service facility; and
``(II) demarcates the boundary with
any wireline backhaul facility.
``(vi) Personal wireless service.--The term
`personal wireless service' means any fixed or
mobile service (other than a broadcasting
service) provided via licensed or unlicensed
frequencies, including--
``(I) commercial mobile service;
``(II) commercial mobile data
service (as defined in section 6001 of
the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401));
``(III) unlicensed wireless
service; and
``(IV) common carrier wireless
exchange access service.
``(vii) Personal wireless service
facility.--The term `personal wireless service
facility' means a facility used to provide or
support the provision of personal wireless
service.
``(viii) Small personal wireless service
facility.--The term `small personal wireless
service facility' means a personal wireless
service facility in which each antenna is not
more than 3 cubic feet in volume (excluding a
wireline backhaul facility connected to such
personal wireless service facility).
``(ix) Unlicensed wireless service.--The
term `unlicensed wireless service'--
``(I) means the offering of
telecommunications service using a duly
authorized device that does not require
an individual license; and
``(II) does not include the
provision of direct-to-home satellite
services, as defined in section 303(v).
``(x) Wireline backhaul facility.--The term
`wireline backhaul facility' means an above-
ground or underground wireline facility used to
transport communications service or other
electronic communications from a small personal
wireless service facility or the adjacent
network interface device of such facility to a
communications network.''.
SEC. 102. REMOVAL OF BARRIERS TO ENTRY.
Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is
amended to read as follows:
``SEC. 253. REMOVAL OF BARRIERS TO ENTRY.
``(a) In General.--No State or local statute or regulation, or
other State or local legal requirement, may prohibit or have the effect
of prohibiting the ability of any entity to provide or enhance the
provision of any interstate or intrastate telecommunications service.
``(b) Placement, Construction, or Modification of
Telecommunications Service Facilities.--
``(1) Prohibition on discrimination.--The regulation of the
placement, construction, or modification of a
telecommunications service facility by a State or local
government or instrumentality thereof may not discriminate--
``(A) among telecommunications service facilities--
``(i) based on the technology used to
provide services; or
``(ii) based on the services provided; or
``(B) against telecommunications service
facilities, as compared to the regulation of the
placement, construction, or modification of other
facilities.
``(2) Timeframe to grant or deny requests.--
``(A) In general.--A State or local government or
instrumentality thereof shall grant or deny a request
for authorization to place, construct, or modify a
telecommunications service facility not later than--
``(i) if the request is for authorization
to place, construct, or modify such facility in
or on eligible support infrastructure, 90 days
after the date on which the request is
submitted by the requesting party to the
government or instrumentality; or
``(ii) for any other action relating to
such facility, 150 days after the date on which
the request is submitted by the requesting
party to the government or instrumentality.
``(B) Applicability.--The applicable timeframe
under subparagraph (A) shall apply collectively to all
proceedings, including permits and authorizations,
required by a State or local government or
instrumentality thereof for the approval of the
request.
``(C) No moritoria.--A timeframe under subparagraph
(A) may not be tolled by any moratorium, whether
express or de facto, imposed by a State or local
government or instrumentality thereof on the
submission, acceptance, or consideration of requests
for authorization to place, construct, or modify a
telecommunications service facility.
``(D) Tolling due to incompleteness.--
``(i) Initial request incomplete.--If, not
later than 30 days after the date on which a
requesting party submits to a State or local
government or instrumentality thereof a request
for authorization to place, construct, or
modify a telecommunications service facility,
the government or instrumentality provides to
the requesting party a written notice described
in clause (iii) with respect to the request,
the timeframe described in subparagraph (A) is
tolled with respect to the request until the
date on which the requesting party submits to
the government or instrumentality a
supplemental submission in response to the
notice.
``(ii) Supplemental submission
incomplete.--If, not later than 10 days after
the date on which a requesting party submits to
a State or local government or instrumentality
thereof a supplemental submission in response
to a written notice described in clause (iii),
the government or instrumentality provides to
the requesting party a written notice described
in clause (iii) with respect to the
supplemental submission, the timeframe under
subparagraph (A) is further tolled until the
date on which the requesting party submits to
the government or instrumentality a subsequent
supplemental submission in response to the
notice.
``(iii) Written notice described.--The
written notice described in this clause is,
with respect to a request described in
subparagraph (A) or a supplemental submission
described in clause (i) or (ii) submitted to a
State or local government or instrumentality
thereof by a requesting party, a written notice
from the government or instrumentality to the
requesting party--
``(I) stating that all of the
information (including any form or
other document) required by the
government or instrumentality to be
submitted for the request to be
considered complete has not been
submitted;
``(II) identifying the information
described in subclause (I) that was not
submitted; and
``(III) including a citation to a
specific provision of a publicly
available rule, regulation, or standard
issued by the government or
instrumentality requiring that such
information be submitted with such a
request.
``(iv) Limitation on subsequent written
notice.--If a written notice provided by a
State or local government or instrumentality
thereof to a requesting party under clause (ii)
with respect to a supplemental submission
identifies as not having been submitted any
information that was not identified as not
having been submitted in the prior written
notice under this subparagraph in response to
which the supplemental submission was
submitted, the subsequent written notice shall
be treated as not having been provided to the
requesting party.
``(E) Tolling by mutual agreement.--The timeframe
under subparagraph (A) may be tolled by mutual
agreement between the State or local government or
instrumentality thereof and the requesting party.
``(3) Deemed granted.--
``(A) In general.--If a State or local government
or instrumentality thereof has neither granted nor
denied a request within the applicable timeframe under
paragraph (2), the request shall be deemed granted on
the date on which the government or instrumentality
receives a written notice of the failure to grant or
deny from the requesting party.
``(B) Rule of construction.--In the case of a
request that is deemed granted under subparagraph (A),
the placement, construction, or modification requested
in such request shall be considered to be authorized,
without any further action by the government or
instrumentality, beginning on the date on which such
request is deemed granted under such subparagraph.
``(4) Written decision and record.--A decision by a State
or local government or instrumentality thereof to deny a
request to place, construct, or modify a telecommunications
service facility shall be--
``(A) in writing;
``(B) supported by substantial evidence contained
in a written record; and
``(C) publicly released, and provided to the
requesting party, on the same day such decision is
made.
``(5) Fees.--
``(A) In general.--To the extent permitted by law,
a State or local government or instrumentality thereof
may charge a fee that meets the requirements under
subparagraph (B)--
``(i) to consider a request for
authorization to place, construct, or modify a
telecommunications service facility; or
``(ii) for use of a right-of-way or a
facility in a right-of-way owned or managed by
the government or instrumentality for the
placement, construction, or modification of a
telecommunications service facility.
``(B) Requirements.--A fee charged under
subparagraph (A) shall be--
``(i) competitively neutral, technology
neutral, and nondiscriminatory;
``(ii) established in advance and publicly
disclosed;
``(iii) calculated--
``(I) based on actual and direct
costs for--
``(aa) review and
processing of requests; and
``(bb) repairs and
replacement of--
``(AA) components
and materials directly
resulting from and
affected by the
placement,
construction, or
modification (including
the installation or
improvement) of
telecommunications
service facilities; or
``(BB) equipment
that facilitates the
placement,
construction, or
modification (including
the installation or
improvement) of such
facilities; and
``(II) using, for purposes of
subclause (I), only costs that are
objectively reasonable; and
``(iv) described to a requesting party in a
manner that distinguishes between--
``(I) nonrecurring fees and
recurring fees; and
``(II) the use of facilities on
which telecommunications service
facilities or infrastructure for
compatible uses are already located and
facilities on which there are no
telecommunications service facilities
or infrastructure for compatible uses
as of the date on which the request is
submitted by the requesting party to
the government or instrumentality.
``(c) Judicial Review.--
``(1) In general.--A person adversely affected by a State
or local statute, regulation, or other legal requirement, or by
a final action or failure to act by a State or local government
or instrumentality thereof, that is inconsistent with this
section may commence an action in any court of competent
jurisdiction.
``(2) Timing.--
``(A) Expedited basis.--A court shall hear and
decide an action commenced under paragraph (1) on an
expedited basis.
``(B) Final action or failure to act.--An action
may only be commenced under paragraph (1) on the basis
of a final action or failure to act by a State or local
government or instrumentality thereof, if commenced not
later than 30 days after such action or failure to act.
``(d) Preservation of State Regulatory Authority.--Nothing in this
section shall affect the ability of a State to impose, on a
competitively neutral and nondiscriminatory basis and consistent with
section 254, requirements necessary to preserve and advance universal
service, protect the public safety and welfare, ensure the continued
quality of telecommunications services, and safeguard the rights of
consumers.
``(e) Preservation of State and Local Government Authority.--
Nothing in this section affects the authority of a State or local
government or instrumentality thereof to manage, on a competitively
neutral and nondiscriminatory basis, the public rights-of-way or to
require, on a competitively neutral and nondiscriminatory basis, fair
and reasonable compensation from telecommunications providers for use
of public rights-of-way, if the compensation required meets the
requirements of subsection (b)(5).
``(f) Preemption.--
``(1) In general.--If, after notice and an opportunity for
public comment, the Commission determines that a State or local
government or instrumentality thereof has permitted or imposed
a statute, regulation, or legal requirement that violates or is
inconsistent with this section, the Commission shall preempt
the enforcement of such statute, regulation, or legal
requirement to the extent necessary to correct such violation
or inconsistency.
``(2) Timing.--Not later than 120 days after receiving a
petition for preemption of the enforcement of a statute,
regulation, or legal requirement as described in paragraph (1),
the Commission shall grant or deny the petition.
``(g) Commercial Mobile Service Providers; Cable Operators.--
Nothing in this section shall affect the application of section
332(c)(3) to commercial mobile service providers or section 621 to
cable operators.
``(h) Rural Markets.--It shall not be a violation of this section
for a State to require a telecommunications carrier that seeks to
provide telephone exchange service or exchange access in a service area
served by a rural telephone company to meet the requirements in section
214(e)(1) for designation as an eligible telecommunications carrier for
that area before being permitted to provide such service. This
subsection shall not apply--
``(1) to a service area served by a rural telephone company
that has obtained an exemption, suspension, or modification of
section 251(c)(4) that effectively prevents a competitor from
meeting the requirements of section 214(e)(1); and
``(2) to a provider of commercial mobile services.
``(i) When Request Considered Submitted.--For the purposes of this
section, a request to a State or local government or instrumentality
thereof shall be considered submitted on the date on which the
requesting party takes the first procedural step within the control of
the requesting party--
``(1) to submit such request in accordance with the
procedures established by the government or instrumentality for
the review and approval of such a request; or
``(2) in the case of a government or instrumentality that
has not established specific procedures for the review and
approval of such a request, to submit to the government or
instrumentality the type of filing that is typically required
to initiate a standard review for a similar facility or
structure.
``(j) Definitions.--In this section:
``(1) Eligible support infrastructure.--The term `eligible
support infrastructure' means infrastructure that supports or
houses a telecommunications service facility (or that is
designed for or capable of supporting or housing such a
facility) at the time when a request to a State or local
government or instrumentality thereof for authorization to
place, construct, or modify a telecommunications service
facility in or on the infrastructure is submitted by the
requesting party to the government or instrumentality.
``(2) Telecommunications service facility.--The term
`telecommunications service facility'--
``(A) means a facility that is designed or used to
provide or facilitate the provision of any interstate
or intrastate telecommunications service; and
``(B) includes a facility described in subparagraph
(A) that is used to provide other services.''.
SEC. 103. REQUESTS FOR MODIFICATION OF CERTAIN EXISTING WIRELESS AND
TELECOMMUNICATIONS SERVICE FACILITIES.
(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) in subsection (a)--
(A) in paragraph (1), by striking ``a State or
local government'' and all that follows and inserting
the following: ``a State or local government or
instrumentality thereof may not deny, and shall
approve--
``(A) any eligible facilities request for a
modification of an existing wireless tower, base
station, or eligible support structure that does not
substantially change the physical dimensions of such
wireless tower, base station, or eligible support
structure; and
``(B) any eligible telecommunications facilities
request for a modification of an existing
telecommunications service facility in or on eligible
support infrastructure that does not substantially
change the physical dimensions of such facility.'';
(B) by amending paragraph (2) to read as follows:
``(2) Timeframe.--
``(A) Deemed approval.--If a State or local
government or instrumentality thereof does not, before
or on the date that is 60 days after the date on which
a requesting party submits to the government or
instrumentality a request as an eligible facilities
request or an eligible telecommunications facilities
request (as the case may be), approve the request or
make the determination and provide the written notice
described in subparagraph (B) with respect to the
request, the request is deemed approved on the day
after the date that is 60 days after the date on which
the requesting party submits the request.
``(B) Determination request is not an eligible
request.--
``(i) Determination described.--The
determination described in this subparagraph is
a determination by a State or local government
or instrumentality thereof that a request
described in subparagraph (A) is not an
eligible facilities request or an eligible
telecommunications facilities request (as the
case may be).
``(ii) Written notice described.--The
written notice described in this subparagraph
is a written notice of the determination
described in clause (i) provided by the
government or instrumentality to the requesting
party that clearly describes the reasons why
the request is not an eligible facilities
request or an eligible telecommunications
facilities request (as the case may be) and
includes a citation to a specific provision of
this subsection or the regulations promulgated
under this subsection relied upon for the
determination.
``(C) Tolling due to incompleteness.--
``(i) Initial request incomplete.--If, not
later than 30 days after the date on which a
requesting party submits to a State or local
government or instrumentality thereof a request
described in subparagraph (A), the government
or instrumentality provides to the requesting
party a written notice described in clause
(iii) with respect to the request, the 60-day
timeframe under subparagraph (A) is tolled
until the date on which the requesting party
submits to the government or instrumentality a
supplemental submission in response to the
notice.
``(ii) Supplemental submission
incomplete.--If, not later than 10 days after
the date on which a requesting party submits to
a State or local government or instrumentality
thereof a supplemental submission in response
to a written notice described in clause (iii),
the government or instrumentality provides to
the requesting party a written notice described
in clause (iii) with respect to the
supplemental submission, the 60-day timeframe
under subparagraph (A) is further tolled until
the date on which the requesting party submits
to the government or instrumentality a
subsequent supplemental submission in response
to the notice.
``(iii) Written notice described.--The
written notice described in this clause is,
with respect to a request described in
subparagraph (A) or a supplemental submission
described in clause (i) or (ii) submitted to a
State or local government or instrumentality
thereof by a requesting party, a written notice
from the government or instrumentality to the
requesting party--
``(I) stating that all of the
information (including any form or
other document) required by the
government or instrumentality to be
submitted for the request to be
considered complete has not been
submitted;
``(II) identifying the information
described in subclause (I) that was not
submitted; and
``(III) including a citation to a
specific provision of a publicly
available rule, regulation, or standard
issued by the government or
instrumentality requiring that such
information be submitted with such a
request.
``(iv) Limitation.--
``(I) Initial written notice.--If a
written notice provided by a State or
local government or instrumentality
thereof to a requesting party under
clause (i) with respect to a request
described in subparagraph (A)
identifies as not having been submitted
any information that the government or
instrumentality is prohibited by
paragraph (5) from requiring to be
submitted, such notice shall be treated
as not having been provided to the
requesting party.
``(II) Subsequent written notice.--
If a written notice provided by a State
or local government or instrumentality
thereof to a requesting party under
clause (ii) with respect to a
supplemental submission identifies as
not having been submitted any
information that was not identified as
not having been submitted in the prior
written notice under this subparagraph
in response to which the supplemental
submission was submitted, the
subsequent written notice shall be
treated as not having been provided to
the requesting party.
``(D) Tolling by mutual agreement.--The 60-day
timeframe under subparagraph (A) may be tolled by
mutual agreement between the State or local government
or instrumentality thereof and the requesting party.'';
and
(C) by adding at the end the following:
``(4) When request considered submitted.--
``(A) In general.--For the purposes of this
subsection, a request described in paragraph (2)(A)
shall be considered submitted on the date on which the
requesting party takes the first procedural step within
the control of the requesting party--
``(i) to submit such request in accordance
with the procedures established by the
government or instrumentality for the review
and approval of such a request; or
``(ii) in the case of a government or
instrumentality that has not established
specific procedures for the review and approval
of such a request, to submit to the government
or instrumentality the type of filing that is
typically required to initiate a standard
review for a similar facility or structure.
``(B) No pre-application requirements.--A State or
local government or instrumentality thereof may not
require a requesting party to undertake any process,
meeting, or other step prior to or as a prerequisite to
a request being considered submitted.
``(5) Limitation on required documentation.--A State or
local government or instrumentality thereof may require a
requesting party submitting a request as an eligible facilities
request or an eligible telecommunications facilities request to
submit information (including a form or other document) with
such request only to the extent that such information is
reasonably related to determining whether such request is an
eligible facilities request or an eligible telecommunications
facilities request (as the case may be) and is identified in a
publicly available rule, regulation, or standard issued by the
government or instrumentality requiring that such information
be submitted with such a request. A State or local government
or instrumentality thereof may not require a requesting party
to submit any other documentation or information with such a
request.
``(6) Enforcement.--
``(A) In general.--A requesting party may bring an
action in any district court of the United States to
enforce the provisions of this subsection.
``(B) Expedited review.--A district court of the
United States shall consider an action under
subparagraph (A) on an expedited basis.
``(7) Definitions.--In this subsection:
``(A) Eligible facilities request.--The term
`eligible facilities request' means any request for a
modification of an existing wireless tower, base
station, or eligible support structure that does not
substantially change the physical dimensions of such
wireless tower, base station, or eligible support
structure and that involves--
``(i) collocation of new transmission
equipment;
``(ii) removal of transmission equipment;
``(iii) replacement of transmission
equipment; or
``(iv) placement, construction, or
modification of equipment that--
``(I) improves the resiliency of
the wireless tower, base station, or
eligible support structure; and
``(II) provides a direct benefit to
public safety, such as--
``(aa) providing backup
power for the wireless tower,
base station, or eligible
support structure;
``(bb) hardening the
wireless tower, base station,
or eligible support structure;
or
``(cc) providing more
reliable connection capability
using the wireless tower, base
station, or eligible support
structure.
``(B) Eligible support infrastructure.--The term
`eligible support infrastructure' means infrastructure
that supports or houses a telecommunications service
facility at the time when an eligible
telecommunications facilities request for a
modification of such facility is submitted to a State
or local government or instrumentality thereof.
``(C) Eligible support structure.--The term
`eligible support structure' means a structure that, at
the time when an eligible facilities request for a
modification of such structure is submitted to a State
or local government or instrumentality thereof,
supports or could support transmission equipment.
``(D) Eligible telecommunications facilities
request.--The term `eligible telecommunications
facilities request' means any request for a
modification of an existing telecommunications service
facility in or on eligible support infrastructure that
does not substantially change the physical dimensions
of such facility and that involves--
``(i) collocation of new telecommunications
service facility equipment;
``(ii) removal of telecommunications
service facility equipment; or
``(iii) replacement of telecommunications
service facility equipment.
``(E) Telecommunications service facility.--The
term `telecommunications service facility'--
``(i) means a facility that is designed or
used to provide or facilitate the provision of
any interstate or intrastate telecommunications
service; and
``(ii) includes a facility described in
clause (i) that is used to provide other
services.
``(F) Transmission equipment.--The term
`transmission equipment' has the meaning given such
term in section 1.6100(b)(8) of title 47, Code of
Federal Regulations (as in effect on the date of the
enactment of this paragraph).''.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue final rules to implement the amendments made by subsection (a).
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to any eligible facilities request or eligible
telecommunications facilities request described in paragraph (1) of
section 6409(a) of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1455(a)) that is submitted (as determined under
paragraph (4) of such section, as added by subsection (a)) by a
requesting party on or after the date of the enactment of this Act.
TITLE II--CABLE
SEC. 201. REQUEST FOR NEW FRANCHISE.
Section 621 of the Communications Act of 1934 (47 U.S.C. 541) is
amended by adding at the end the following:
``(g) Timing of Decision on Request for Franchise.--
``(1) In general.--Not later than 120 days after the date
on which a requesting party submits to a franchising authority
a request for the grant of a franchise (other than a renewal
thereof), the franchising authority shall approve or deny such
request.
``(2) Deemed grant of new franchise.--If the franchising
authority does not approve or deny a request under paragraph
(1) by the day after the date on which the time period ends
under such paragraph, such request shall be deemed granted on
such day.
``(3) Applicability.--Notwithstanding any provision of this
title, the timeframe under paragraph (1) shall apply
collectively to all proceedings required by a franchising
authority for the approval of the request.
``(4) No moritoria.--A timeframe under paragraph (1) may
not be tolled by any moratorium, whether express or de facto,
imposed by a franchising authority on the consideration of any
request for a franchise.
``(5) Tolling due to incompleteness.--
``(A) Initial request incomplete.--If, not later
than 30 days after the date on which a requesting party
provides to a franchising authority a written notice
described in subparagraph (C) with respect to the
request, the timeframe described in paragraph (1) is
tolled with respect to the request until the date on
which the requesting party submits to the franchising
authority a supplemental submission in response to the
notice.
``(B) Supplemental submission incomplete.--If, not
later than 10 days after the date on which a requesting
party submits to the franchising authority a
supplemental submission in response to a written notice
described in subparagraph (A), the franchising
authority provides to the requesting party a written
notice described in subparagraph (A) with respect to
the supplemental submission, the timeframe under
paragraph (1) is further tolled until the date on which
the requesting party submits to the franchising
authority a subsequent supplemental submission in
response to the notice.
``(C) Written notice described.--The written notice
described in this paragraph is, with respect to a
request described in paragraph (1) or a supplemental
submission described in subparagraph (A) or (B)
submitted to a franchising authority by a requesting
party, a written notice from the franchising authority
to the requesting party--
``(i) stating that all of the information
(including any form or other document) required
by the franchising authority to be submitted
for the request to be considered complete has
not been submitted;
``(ii) identifying the information
described in clause (i) that was not submitted;
and
``(iii) including a citation to a specific
provision of a publicly available rule,
regulation, or standard issued by the
franchising authority requiring that such
information be submitted with such a request.
``(D) Limitation on subsequent written notice.--If
a written notice provided by a franchising authority to
a requesting party under subparagraph (A) with respect
to a supplemental submission identifies as not having
been submitted any information that was not identified
as not having been submitted in the prior written
notice under this subparagraph in response to which the
supplemental submission was submitted, the subsequent
written notice shall be treated as not having been
provided to the requesting party.
``(6) Tolling by mutual agreement.--The timeframe under
paragraph (1) may be tolled by mutual agreement between the
franchising authority and the requesting party.
``(7) Written decision and record.--Any decision by a
franchising authority to deny a request for a franchise shall
be--
``(A) in writing;
``(B) supported by substantial evidence contained
in a written record; and
``(C) publicly released, and provided to the
requesting party, on the same day such decision is
made.
``(8) When request considered submitted.--For the purposes
of this subsection, a request to a franchising authority shall
be considered submitted on the date on which the requesting
party takes the first procedural step within the control of the
requesting party--
``(A) to submit such request in accordance with the
procedures established by the franchising authority for
the review and approval of such a request; or
``(B) in the case of a franchising authority that
has not established specific procedures for the review
and approval of such a request, to submit to the
franchising authority the type of filing that is
typically required to initiate a standard review for a
request related to a franchise.''.
SEC. 202. REQUEST REGARDING PLACEMENT, CONSTRUCTION, OR MODIFICATION OF
CABLE EQUIPMENT.
(a) In General.--Section 624 of the Communications Act of 1934 (47
U.S.C. 544) is amended by adding at the end the following:
``(j) Request Regarding Placement, Construction, or Modification of
Facilities.--
``(1) No effect on authority of certain entities.--Except
as provided in this subsection, nothing in this title shall
limit or affect the authority of a covered entity over--
``(A) decisions regarding the placement,
construction, or modification of covered equipment
within the jurisdiction of such covered entity; or
``(B) safety standards for the placement,
construction, or modification of such covered
equipment.
``(2) Limitations.--
``(A) Ability to provide or enhance service.--With
respect to the regulation by a covered entity of the
placement, construction, or modification of covered
equipment, the covered entity shall not prohibit or
have the effect of prohibiting the ability of a cable
operator to provide, improve, or enhance the provision
of service using covered equipment under a franchise
granted by such covered entity, or within the
jurisdiction of such covered entity, as so may be the
case.
``(B) Timing of decisions on requests for
authorizations to place, construct, or modify
facility.--
``(i) Timeframe.--A covered entity shall
approve or deny a request for authorization to
place, construct, or modify covered equipment
not later than--
``(I) if the request is for
authorization to place, construct, or
modify covered equipment in or on a
covered easement or eligible support
infrastructure, 90 days after the date
on which requesting party submits the
request to the covered entity; or
``(II) if the request is not for
authorization to place, construct, or
modify covered equipment in or on a
covered easement or eligible support
infrastructure, 150 days after the date
on which the requesting party submits
the request to the covered entity.
``(ii) Deemed granted.--If a covered entity
fails to grant or deny a request by the
applicable timeframe under clause (i), the
request shall be deemed granted and authorized
on the date on which the covered entity
receives written notice of the failure from the
requesting party.
``(iii) Applicability.--Notwithstanding any
provision of this title, the applicable
timeframe under clause (i) shall apply
collectively to all proceedings required by a
covered entity for the approval of the request.
``(iv) No moritoria.--A timeframe under
clause (i) may not be tolled by any moratorium,
whether express or de facto, imposed by a
covered entity on the consideration of any
request for authorization to place, construct,
or modify covered equipment.
``(v) Tolling due to incompleteness.--
``(I) Initial request incomplete.--
If, not later than 30 days after the
date on which a requesting party
submits to a covered entity a request
for authorization to place, construct,
or modify covered equipment, the
covered entity provides to the
requesting party a written notice
described in subclause (III) with
respect to the request, the timeframe
described in clause (i) is tolled with
respect to the request until the date
on which the requesting party submits
to the covered entity a supplemental
submission in response to the notice.
``(II) Supplemental submission
incomplete.--If, not later than 10 days
after the date on which a requesting
party submits to the covered entity a
supplemental submission in response to
a written notice described in subclause
(III), the covered entity provides to
the requesting party a written notice
described in subclause (III) with
respect to the supplemental submission,
the timeframe under clause (i) is
further tolled until the date on which
the requesting party submits to the
covered entity a subsequent
supplemental submission in response to
the notice.
``(III) Written notice described.--
The written notice described in this
subclause is, with respect to a request
described in clause (i) or a
supplemental submission described in
subclause (I) or (II) submitted to a
covered entity by a requesting party, a
written notice from the requesting
party to the covered entity--
``(aa) stating that all of
the information (including any
form or other document)
required by the covered entity
to be submitted for the request
to be considered complete has
not been submitted;
``(bb) identifying the
information described in item
(aa) that was not submitted;
and
``(cc) including a citation
to a specific provision of a
publicly available rule,
regulation, or standard issued
by the covered entity requiring
that such information be
submitted with such a request.
``(IV) Limitation on subsequent
written notice.--If a written notice
provided by covered entity to a
requesting party under subclause (I)
with respect to a supplemental
submission identifies as not having
been submitted any information that was
not identified as not having been
submitted in the prior written notice
under this subparagraph in response to
which the supplemental submission was
submitted, the subsequent written
notice shall be treated as not having
been provided to the requesting party.
``(vi) Tolling by mutual agreement.--The
timeframe under clause (i) may be tolled by
mutual agreement between the covered entity and
the requesting party.
``(vii) Written decision and record.--Any
decision by a covered entity to deny a request
for authorization to place, construct, or
modify covered equipment shall be--
``(I) in writing;
``(II) supported by substantial
evidence contained in a written record;
and
``(III) publicly released, and
provided to the requesting party, on
the same day such decision is made.
``(viii) When request considered
submitted.--For the purposes of this
subparagraph, a request to a covered entity
shall be considered submitted on the date on
which the requesting party takes the first
procedural step within the control of the
requesting party--
``(I) to submit such request in
accordance with the procedures
established by the covered entity for
the review and approval of such a
request; or
``(II) in the case of a covered
entity that has not established
specific procedures for the review and
approval of such a request, to submit
to the covered entity the type of
filing that is typically required to
initiate a standard review for a
similar request in a jurisdiction that
has not established specific procedures
for the relevant review and approval of
such a request.
``(3) Fees.--
``(A) In general.--A covered entity may charge a
fee that meets the requirements under subparagraph (B)
to consider a request for authorization to place,
construct, or modify covered equipment.
``(B) Requirements.--A fee charged under
subparagraph (A) shall be--
``(i) competitively neutral, technology
neutral, and nondiscriminatory;
``(ii) established and publicly disclosed
in advance;
``(iii) calculated--
``(I) based on actual and direct
costs for--
``(aa) review and
processing of requests; and
``(bb) repairs and
replacement of--
``(AA) components
and materials directly
resulting from and
affected by the
placement,
construction, or
modification of the
covered equipment
(including components
and materials directly
resulting from and
affected by the
installation of covered
equipment or, with
respect to the
placement,
construction, or
modification of the
covered equipment, the
improvement of an
eligible support
infrastructure); or
``(BB) equipment
that facilitates the
repair and replacement
of such components and
materials;
``(II) using, for purposes of
subclause (I), only costs that are
objectively reasonable; and
``(III) described to a requesting
party in a manner that distinguishes
between nonrecurring fees and recurring
fees.
``(C) No relation to franchise fees.--A fee charged
under this paragraph to consider a request for
authorization to place, construct, or modify covered
equipment may not be considered a franchise fee under
section 622.
``(4) Definitions.--In this subsection:
``(A) Covered easement.--The term `covered
easement' means an easement or public right-of-way that
exists at the time when a request to a covered entity
for authorization to place, construct, or modify the
covered equipment in or on the easement or public
right-of-way is submitted to the covered entity.
``(B) Covered equipment.--The term `covered
equipment' means equipment used in or attached to a
cable system to provide service through such system.
``(C) Covered entity.--The term `covered entity'
means:
``(i) A State.
``(ii) A local government.
``(iii) An instrumentality of a State or a
local government.
``(iv) A franchising authority.
``(D) Eligible support infrastructure.--The term
`eligible support infrastructure' means infrastructure
that supports or houses a facility for communication by
wire (or that is designed for or capable of supporting
or housing such a facility) at the time when a request
to a covered entity for authorization to place,
construct, or modify covered equipment in or on the
infrastructure is submitted to the covered entity.''.
(b) Action on Pending Requests.--
(1) Application.--Paragraphs (2)(B) and (4) of section
624(j) of the Communications Act of 1934 (47 U.S.C. 544(j)), as
added by subsection (a), shall apply to a--
(A) request submitted to a covered entity (as such
term is defined in section 624(j) of the Communications
Act of 1934)--
(i) before the date of the enactment of
this Act; and
(ii) has not been approved or denied by the
covered entity on or before such date; and
(B) a request submitted to a covered entity on or
after the date of the enactment of this Act.
(2) Date of receipt.--The date of receipt by a covered
entity of a request described under subsection (a)(1) shall be
deemed to be the date of the enactment of this Act.
SEC. 203. CABLE FRANCHISE TERM AND TERMINATION.
(a) Elimination or Modification of Requirement in Franchise.--
Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is
amended to read as follows:
``SEC. 625. ELIMINATION OR MODIFICATION OF REQUIREMENT IN FRANCHISE.
``(a) In General.--During the period in which a franchise is in
effect, the cable operator may obtain the elimination or modification
of any requirement in the franchise by submitting to the franchising
authority a request for the elimination or modification of such
requirement.
``(b) Elimination or Modification of Requirement in Franchise.--
``(1) Requirement.--The franchising authority shall
eliminate or modify a requirement in accordance with a request
submitted under subsection (a) not later than 120 days after
the cable operator submits the request to the franchising
authority if the cable operator demonstrates in the request--
``(A) good cause for the elimination or
modification of the requirement, including the need to
eliminate or modify the requirement--
``(i) to conform to an applicable Federal
or State law;
``(ii) to address changes in technology; or
``(iii) in the case of a requirement
applicable to the cable operator, due to
commercial impracticability; and
``(B) that the mix, quality, and level of cable
services required by the franchise at the time the
franchise was granted will be maintained
notwithstanding the elimination or modification of the
requirement;
``(2) Definition.--In this subsection, the term `commercial
impracticability' means that it is commercially impracticable
for the operator to comply with the requirement as a result of
a change in conditions which is beyond the control of the
operator and the nonoccurrence of which was a basic assumption
on which the requirement was based.
``(c) Deemed Elimination or Modification.--Except in the case of a
request for the elimination or modification of a requirement for
services relating to public, educational, or governmental access, if
the franchising authority fails to approve or deny the request
submitted under subsection (a) by the date described under subsection
(b), the requirement shall be deemed eliminated or modified in
accordance with the request on the day after such date.
``(d) Appeal.--
``(1) In general.--Any cable operator whose request for
elimination or modification of a requirement in a franchise
under subsection (a) has been denied by a final decision of a
franchising authority may seek judicial review of the decision
pursuant to the provisions of section 635.
``(2) Grant of request.--In the case of any proposed
elimination or modification of a requirement in a franchise
under subsection (a), the court shall grant such elimination or
modification only if the cable operator demonstrates to the
court that the standards in subsection (b) have been met.
``(e) When Request Considered Submitted.--For the purposes of this
section, a request to a franchising authority shall be considered
submitted on the date on which the requesting party takes the first
procedural step within the control of the requesting party--
``(1) to submit such request in accordance with the
procedures established by the franchising authority for the
review and approval of such a request; or
``(2) in the case of a franchising authority that has not
established specific procedures for the review and approval of
such a request, to submit to the franchising authority the type
of filing that is typically required to initiate a standard
review for a request related to a franchise.''.
(b) In General.--Section 626 of the Communications Act of 1934 (47
U.S.C. 546) is amended to read as follows:
``SEC. 626. FRANCHISE TERM AND TERMINATION.
``(a) Franchise Term.--A franchise shall continue in effect
(without any requirement for renewal) until the date on which the
franchise is revoked or terminated in accordance with subsection (b).
``(b) Limits.--
``(1) Prohibition against revocation; termination.--Except
as provided in paragraph (2), a franchise may not be--
``(A) revoked by a franchising authority;
``(B) terminated by a cable operator; or
``(C) revoked or terminated by operation of law,
including by a term in a franchise that revokes or
terminates such franchise on a specific date, after a
period of time, or upon the occurrence of an event.
``(2) When termination or revocation of franchise
permitted.--
``(A) Termination by cable operator.--
``(i) In general.--A cable operator may
terminate a franchise by submitting to the
franchising authority a written request for the
franchising authority to revoke such franchise.
``(ii) Time of revocation.--If the cable
operator submits a written request under clause
(i), the franchising authority shall revoke the
franchise on the date that is 90 days after the
request is submitted to the franchising
authority.
``(iii) Deemed to be revoked.--If a
franchising authority does not approve a
request by the date required under clause (ii),
the franchise is deemed revoked on the day
after such date.
``(B) Termination by franchising authority.--A
franchising authority may revoke a franchise if the
franchising authority--
``(i) finds that the cable operator has
knowingly and willfully failed to substantially
meet a material requirement imposed by the
franchise;
``(ii) provides the cable operator a
reasonable opportunity to cure such failure,
after which the cable operator fails to cure
such failure; and
``(iii) does not waive the material
requirement or acquiesce with the failure to
substantially meet such requirement.
``(c) Review of Revocation of Franchise by Franchising Authority.--
``(1) Administrative or judicial review.--With respect to a
determination by a franchising authority to revoke a franchise
under subsection (b)(2)(B), a cable operator may--
``(A) petition the Commission for review of such
determination; or
``(B) seek judicial review of such determination
pursuant to the provisions of section 635.
``(2) Commission review.--With respect to a petition for
the review of a determination brought under paragraph (1)(A),
the Commission shall--
``(A) review the determination de novo; and
``(B) invalidate the determination if, based on the
evidence presented during the review, the Commission
determines that the franchising authority has not
demonstrated by a preponderance of the evidence that
the franchising authority revoked the franchise in
accordance with subsection (b)(2)(B).
``(3) Stay of determination to revoke franchise.--A
revocation of a franchise under subsection (b)(2)(B) may be
stayed--
``(A) in the case the cable operator petitions the
Commission for review of the determination on which
such revocation is based, by the Commission; and
``(B) in the case the cable operator seeks judicial
review of the determination on which such revocation is
based, by the court in which the cable operator seeks
judicial review of the determination.''.
(c) Technical and Conforming Amendments.--The Communications Act of
1934 (47 U.S.C. 151 et seq.) is amended--
(1) in section 601--
(A) in paragraph (4), by striking the semicolon at
the end and inserting ``; and'';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph
(5);
(2) in section 602(9)--
(A) by striking ``initial''; and
(B) by striking ``, or renewal thereof (including a
renewal of an authorization which has been granted
subject to section 626),'';
(3) in section 611(b), by striking ``and may require as
part of a cable operator's proposal for a franchise renewal,
subject to section 626'';
(4) in section 612(b)(3)--
(A) by striking ``or as part of a proposal for
renewal, subject to section 626,''; and
(B) by striking ``, or proposal for renewal
thereof,'';
(5) in section 621(b)(3)--
(A) in subparagraph (C)(ii), by striking ``or
franchise renewal''; and
(B) in subparagraph (D)--
(i) by striking ``initial''; and
(ii) by striking ``, a franchise
renewal,'';
(6) in section 624--
(A) in subsection (b)(1), by striking ``(including
requests for renewal proposals, subject to section
626)''; and
(B) in subsection (d)(1), by striking ``or renewal
thereof'';
(7) in section 635A(a), by striking ``renewal,''.
(d) Effective Date; Application.--
(1) Effective date.--This section, and the amendments made
by this section, shall take effect 6 months after the date of
the enactment of this Act.
(2) Application.--This section, and the amendments made by
this section, shall apply to a franchise granted--
(A) on or after the effective date established by
paragraph (1); or
(B) before such date, if--
(i) such franchise (including, any renewal
thereof before the date of the enactment of
this Act) is in effect on such date; or
(ii) such franchise is expired and the
cable operator has continued to perform under
the provisions of such franchise as if such
franchise were not expired.
SEC. 204. SALES OF CABLE SYSTEMS.
(a) In General.--Section 627 of the Communications Act of 1934 (47
U.S.C. 547) is amended to read as follows:
``SEC. 627. CONDITIONS OF SALE OR TRANSFER.
``(a) Value of Cable System After Revocation of Franchise.--If a
franchise held by a cable operator is revoked under section
626(b)(2)(B) and the franchising authority acquires ownership of the
cable system or effects a transfer of ownership of the system to
another person, any such acquisition or transfer shall be at fair
market value.
``(b) Limitations on Authority of Franchising Authority With
Respect to Transfer of Franchise.--
``(1) In general.--A franchising authority may not preclude
a cable operator from transferring a franchise to any person--
``(A) to which such franchise was not initially
granted; and
``(B) with respect to the terms of the franchise
that apply to the cable operator, who agrees to accept
all such terms in effect at the time of the transfer.
``(2) Notification.--In the case of the transfer of a
franchise to a person to which such franchise was not
originally granted, a franchising authority may require a cable
operator to which a franchise was initially granted to, not
later than 15 days before the transfer of the franchise, notify
the franchising authority in writing of such transfer.
``(3) Transfer of a franchise defined.--In this subsection,
the term `transfer of a franchise' means the transfer or
assignment of any rights under a franchise through any
transaction, including through--
``(A) a merger involving the cable operator or
cable system;
``(B) a sale of the cable operator or cable system;
``(C) an assignment of the cable operator or a
cable system;
``(D) a restructuring of a cable operator or a
cable system; or
``(E) the transfer of control of a cable operator
or a cable system.''.
(b) Effective Date.--This section, and the amendment made by
subsection (a), shall take effect 6 months after the date of the
enactment of this Act.
(c) Application.--This section, and the amendment made by
subsection (a), shall apply to a franchise granted--
(1) on or after the effective date established by
subsection (b); or
(2) before such date, if--
(A) such franchise (including any renewal term
thereof) is in effect on such date; or
(B) such franchise is expired and cable operator
has continued to perform under the provisions of such
franchise as if such franchise were not expired.
TITLE III--ENVIRONMENTAL AND HISTORIC PRESERVATION REVIEWS
SEC. 301. APPLICATION OF NEPA AND NHPA TO CERTAIN COMMUNICATIONS
PROJECTS.
(a) In General.--
(1) NEPA exemption.--A Federal authorization with respect
to a covered project may not be considered a major Federal
action under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) National historic preservation act exemption.--A
covered project may not be considered an undertaking under
section 300320 of title 54, United States Code.
(b) Grant of Easement on Federal Property.--
(1) NEPA exemption.--A Federal authorization with respect
to a covered easement for a communications facility may not be
considered a major Federal action under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), if--
(A) a covered easement has previously been granted
for another communications facility or a utility
facility with respect to the same building or other
property owned by the Federal Government; or
(B) the covered easement is for a communications
facility in a public right-of-way.
(2) National historic preservation act exemption.--A
covered easement for a communications facility may not be
considered an undertaking under section 300320 of title 54,
United States Code, if--
(A) a covered easement has previously been granted
for another communications facility or a utility
facility with respect to the same building or other
property owned by the Federal Government; or
(B) the covered easement is for a communications
facility in a public right-of-way.
(c) Requests for Modification of Certain Existing Wireless and
Telecommunications Service Facilities.--Section 6409(a)(3) of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1455(a)(3)) is amended to read as follows:
``(3) Application of nepa; nhpa.--
``(A) NEPA exemption.--A Federal authorization with
respect to an eligible facilities request or an
eligible telecommunications facilities request may not
be considered a major Federal action under section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
``(B) National historic preservation act
exemption.--An eligible facilities request or an
eligible telecommunications facilities request may not
be considered an undertaking under section 300320 of
title 54, United States Code.
``(C) Federal authorization defined.--In this
paragraph, the term `Federal authorization'--
``(i) means any authorization required
under Federal law with respect to an eligible
facilities request or an eligible
telecommunications facilities request; and
``(ii) includes any permits, special use
authorizations, certifications, opinions, or
other approvals as may be required under
Federal law with respect to an eligible
facilities request or an eligible
telecommunications facilities request.''.
SEC. 302. PRESUMPTION WITH RESPECT TO CERTAIN COMPLETE FCC FORMS.
(a) Presumption.--If an Indian Tribe is shown to have received a
complete FCC Form 620 or FCC Form 621 (or any successor form), or can
be reasonably expected to have received a complete FCC Form 620 or FCC
Form 621 (or any successor form), and has not acted on a request
contained in such complete form by the date that is 45 days after the
date of such receipt or reasonably expected receipt--
(1) the Commission and a court of competent jurisdiction
(as the case may be) shall presume the applicant with respect
to such complete form has made a good faith effort to provide
the information reasonably necessary for such Indian Tribe to
ascertain whether historic properties of religious or cultural
significance to such Indian Tribe may be affected by the
undertaking related to such complete form; and
(2) such Indian Tribe shall be presumed to have disclaimed
interest in such undertaking.
(b) Overcoming Presumption.--
(1) In general.--An Indian Tribe may overcome a presumption
under subsection (a) upon making, to the Commission or a court
of competent jurisdiction, a favorable demonstration with
respect to 1 or more of the factors described in paragraph (2).
(2) Factors considered.--In making a determination
regarding a presumption under subsection (a), the Commission or
court of competent jurisdiction shall give substantial weight
to--
(A) whether the applicant with respect to the
relevant complete form failed to make a reasonable
attempt to follow up with the applicable Indian Tribe
not earlier than 30 days, and not later than 50 days,
after the applicant submitted a complete FCC Form 620
or FCC Form 621 (as the case may be) to such Indian
Tribe; and
(B) whether the rules of the Commission, or FCC
Form 620 or FCC Form 621, are found to be in violation
of a Nationwide Programmatic Agreement of the
Commission.
SEC. 303. RULE OF CONSTRUCTION.
Nothing in this title or any amendment made by this title may be
construed to affect the obligation of the Commission to evaluate
radiofrequency exposure under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 304. DEFINITIONS.
In this title:
(1) Chief executive.--The term ``Chief Executive'' means
the person who is the Chief, Chairman, Governor, President, or
similar executive official of an Indian tribal government.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Communications facility.--The term ``communications
facility'' has the meaning given the term ``communications
facility installation'' in section 6409(d) of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)).
(4) Covered easement.--The term ``covered easement'' means
an easement, right-of-way, or lease with respect to a building
or other property owned by the Federal Government, excluding
Tribal land held in trust by the Federal Government (unless the
Indian tribal government with respect to such land requests
that the Commission not exclude the land for purposes of this
definition), for the right to install, construct, modify, or
maintain a communications facility or a utility facility.
(5) Covered project.--The term ``covered project'' means
any of the following:
(A) A project--
(i) for--
(I) the mounting or installation of
a personal wireless service facility
with another personal wireless service
facility that exists at the time at
which a request for authorization of
such mounting or installation is
submitted to a State or local
government or instrumentality thereof
or to an Indian tribal government; or
(II) the modification of a personal
wireless service facility; and
(ii) for which a permit, license, or
approval from the Commission is required or
that is otherwise subject to the jurisdiction
of the Commission.
(B) A project--
(i) for the placement, construction, or
modification of a telecommunications service
facility in or on eligible support
infrastructure; and
(ii) for which a permit, license, or
approval from the Commission is required or
that is otherwise subject to the jurisdiction
of the Commission.
(C) A project to deploy a small personal wireless
service facility.
(D) A project--
(i) for the deployment or modification of a
communications facility that is to be carried
out entirely within a floodplain (as defined in
section 9.4 of title 44, Code of Federal
Regulations, as in effect on the date of the
enactment of this Act); and
(ii) for which a permit, license, or
approval from the Commission is required or
that is otherwise subject to the jurisdiction
of the Commission.
(E) A project--
(i) for the deployment or modification of a
communications facility that is to be carried
out entirely within a brownfield site (as
defined in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)); and
(ii) for which a permit, license, or
approval from the Commission is required or
that is otherwise subject to the jurisdiction
of the Commission.
(F) A project to permanently remove covered
communications equipment or services (as defined in
section 9 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1608)) and to replace
such covered communications equipment or services with
communications equipment or services (as defined in
such section) that are not covered communications
equipment or services (as so defined).
(G) A project that--
(i) is to be carried out entirely within an
area for which the President, the Governor of a
State, or the Chief Executive of an Indian
tribal government has declared a major disaster
or an emergency;
(ii) is to be carried out not later than 5
years after the date on which the President,
Governor, or Chief Executive made such
declaration; and
(iii) replaces a communications facility
damaged by such disaster or emergency or makes
improvements to a communications facility in
such area that could reasonably be considered
as necessary for recovery from such disaster or
emergency or to prevent or mitigate any future
disaster or emergency.
(H) A project for the placement and installation of
a new communications facility if--
(i) such new facility--
(I) will be located within a public
right-of-way; and
(II) is not more than 50 feet tall
or 10 feet taller than any existing
structure in the public right-of-way,
whichever is higher;
(ii) such new facility is--
(I) a replacement for an existing
communications facility; and
(II) the same as, or substantially
similar to (as such term is defined by
the Commission), the existing
communications facility that such new
communications facility is replacing;
(iii) such new facility is a type of
communications facility that--
(I) is described in section
6409(d)(1)(B) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47
U.S.C. 1455(d)(1)(B)); and
(II) meets the size limitation of a
small antenna established by the
Commission; or
(iv) the placement and installation of such
new facility involves the expansion of the site
of an existing communications facility not more
than 30 feet in any direction.
(6) Eligible support infrastructure.--The term ``eligible
support infrastructure'' means infrastructure that supports or
houses a facility for communication by wire (or that is
designed for or capable of supporting or housing such a
facility) at the time when a request to a State or local
government or instrumentality thereof, or to an Indian tribal
government, for authorization to place, construct, or modify a
telecommunications service facility in or on the infrastructure
is submitted to the government or instrumentality.
(7) Emergency.--The term ``emergency'' means--
(A) in the case of an emergency declared by the
President, an emergency declared by the President under
section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5191); and
(B) in the case of an emergency declared by the
Governor of a State or the Chief Executive of an Indian
tribal government, any occasion or instance with
respect to which the Governor or Chief Executive
declares that an emergency exists (or makes a similar
declaration) under State or Tribal law (as the case may
be).
(8) Federal authorization.--The term ``Federal
authorization''--
(A) means any authorization required under Federal
law with respect to a covered project or a covered
easement; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under Federal law with
respect to a covered project or a covered easement.
(9) Governor.--The term ``Governor'' means the chief
executive of any State.
(10) Indian tribal government.--The term ``Indian tribal
government'' means the governing body of an Indian Tribe.
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' under section 102 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130).
(12) Major disaster.--The term ``major disaster'' means--
(A) in the case of a major disaster declared by the
President, a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
and
(B) in the case of a major disaster declared by the
Governor of a State or the Chief Executive of an Indian
tribal government, any occasion or instance with
respect to which the Governor or Chief Executive
declares that a disaster exists (or makes a similar
declaration) under State or Tribal law (as the case may
be).
(13) Personal wireless service facility.--The term
``personal wireless service facility'' has the meaning given
such term in subparagraph (F) of section 332(c)(7) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)), as amended by
this Act.
(14) Public right-of-way.--The term ``public right-of-
way''--
(A) means--
(i) the area on, below, or above a public
roadway, highway, street, sidewalk, alley, or
similar property (whether currently or
previously used in such manner); and
(ii) any land immediately adjacent to and
contiguous with property described in clause
(i) that is within the right-of-way grant; and
(B) does not include a portion of the Interstate
System (as such term is defined in section 101(a) of
title 23, United States Code).
(15) Small personal wireless service facility.--The term
``small personal wireless service facility'' means a personal
wireless service facility in which each antenna is not more
than 3 cubic feet in volume (excluding a wireline backhaul
facility connected to such personal wireless service facility).
(16) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each territory or
possession of the United States.
(17) Telecommunications service.--The term
``telecommunications service'' has the meaning given such term
in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(18) Telecommunications service facility.--The term
``telecommunications service facility''--
(A) means a facility that is designed or used to
provide or facilitate the provision of any interstate
or intrastate telecommunications service; and
(B) includes a facility described in subparagraph
(A) that is used to provide other services.
(19) Utility facility.--The term ``utility facility'' means
any privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing power,
electricity, light, heat, gas, oil, crude products, water,
steam, waste, storm water not connected with highway drainage,
or any other similar commodity, including any fire or police
signal system or street lighting system, that directly or
indirectly serves the public.
(20) Wireline backhaul facility.--The term ``wireline
backhaul facility'' means an above-ground or underground
wireline facility used to transport communications service or
other electronic communications from a small personal wireless
service facility or its adjacent network interface device to a
communications network.
TITLE IV--OTHER MATTERS
SEC. 401. TIMELY CONSIDERATION OF APPLICATIONS FOR FEDERAL EASEMENTS,
RIGHTS-OF-WAY, AND LEASES.
(a) In General.--Section 6409(b)(3) of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1455(b)(3)) is amended--
(1) in subparagraph (A), by striking ``an executive agency
receives a duly filed application'' and inserting ``an
application is submitted to an executive agency''; and
(2) by adding at the end the following:
``(E) Deemed granted.--If an executive agency fails
to grant or deny an application under subparagraph (A)
within the timeframe under such subparagraph, the
application shall be deemed granted on the day after
the last day of such timeframe.
``(F) Tolling due to incompleteness.--
``(i) Initial application incomplete.--If,
not later than 30 days after the date on which
an applicant submits to an executive agency an
application under subparagraph (A), the
executive agency provides to the applicant a
written notice described in clause (iii) with
respect to the application, the timeframe
described in subparagraph (A) is tolled with
respect to the application until the date on
which the applicant submits to the executive
agency a supplemental submission in response to
the notice.
``(ii) Supplemental submission
incomplete.--If, not later than 10 days after
the date on which an applicant submits to an
executive agency a supplemental submission in
response to a written notice described in
clause (iii), the executive agency provides to
the applicant a written notice described in
clause (iii) with respect to the supplemental
submission, the timeframe under subparagraph
(A) is further tolled until the date on which
the applicant submits to the executive agency a
subsequent supplemental submission in response
to the notice.
``(iii) Written notice described.--The
written notice described in this clause is,
with respect to an application under
subparagraph (A) or a supplemental submission
described in clause (i) or (ii) submitted to an
executive agency by an applicant, a written
notice from the executive agency to the
applicant--
``(I) stating that all of the
information (including any form or
other document) required by the
executive agency to be submitted for
the application to be considered
complete has not been submitted;
``(II) identifying the information
described in subclause (I) that was not
submitted; and
``(III) including a citation to a
specific provision of a publicly
available rule, regulation, or standard
issued by the executive agency
requiring that such information be
submitted with such an application.
``(iv) Limitation on subsequent written
notice.--If a written notice provided by an
executive agency to an applicant under clause
(ii) with respect to a supplemental submission
identifies as not having been submitted any
information that was not identified as not
having been submitted in the prior written
notice under this subparagraph in response to
which the supplemental submission was
submitted, the subsequent written notice shall
be treated as not having been provided to the
applicant.
``(G) Tolling by mutual agreement.--The timeframe
under subparagraph (A) may be tolled by mutual
agreement between the executive agency and the
applicant.
``(H) When application considered submitted.--For
the purposes of this paragraph, an application shall be
considered submitted to an executive agency on the date
on which the applicant takes the first procedural step
within the control of the applicant to submit such
application in accordance with the procedures
established by the executive agency for the review and
approval of such an application.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any application under subsection (b) of section
6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) that is submitted (as determined under subsection
(b)(3)(H) of such section) to an executive agency (as defined in
subsection (d) of such section) on or after the date of the enactment
of this Act.
SEC. 402. 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:
``(5) Streamlining of certain fees relating to broadband
infrastructure required.--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--
``(A) competitively neutral, technology neutral,
and nondiscriminatory;
``(B) established in advance and 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 directly 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 submitted to the
eligible entity or political subdivision.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 23.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-240, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-240, Part I.
Committee on Natural Resources discharged.
Committee on Natural Resources discharged.
Committee on Transportation discharged.
Committee on Transportation discharged.
Placed on the Union Calendar, Calendar No. 192.