[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7352 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7352
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2020
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service 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.
This Act may be cited as the ``Barriers and Regulatory Obstacles
Avoids Deployment of Broadband Access and Needs Deregulatory Leadership
Act'' or the ``BROADBAND Leadership Act''.
SEC. 2. 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) General Authority.--Except as provided in this section,
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, and modification of telecommunications
service facilities.
``(b) Limitations.--
``(1) In general.--The regulation of the placement,
construction, or modification of a telecommunications service
facility by any State or local government or instrumentality
thereof--
``(A) shall not prohibit or have the effect of
prohibiting the ability of any entity to provide any
interstate or intrastate telecommunications service;
and
``(B) shall not unreasonably discriminate among
providers of functionally equivalent services.
``(2) Timeframe.--
``(A) In general.--A State or local government or
instrumentality thereof shall grant or deny a complete
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 complete request is
received by the government or instrumentality;
or
``(ii) for any other action relating to
such facility, 150 days after the date on which
the complete request is received by the
government or instrumentality.
``(B) Applicability.--The applicable timeframe
under subparagraph (A) shall apply collectively to all
proceedings required by a State or local government or
instrumentality thereof for the approval of the
request.
``(C) No tolling.--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
consideration of any request for authorization to
place, construct, or modify a telecommunications
service facility.
``(D) Temporary waiver.--The Commission may
temporarily waive the applicability of subparagraph (A)
for not longer than a single 30-day period for any
complete request upon a demonstration by a State or
local government or instrumentality thereof that the
waiver would be consistent with the public interest,
convenience, and necessity.
``(3) Deemed granted.--
``(A) In general.--If a State or local government
or instrumentality thereof has neither granted nor
denied a complete 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 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.--Any 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; and
``(B) supported by substantial evidence contained
in a written record.
``(5) Fees.--
``(A) In general.--Notwithstanding any other
provision of 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) publicly disclosed;
``(iii) calculated--
``(I) based on actual and direct
costs, such as costs for--
``(aa) review and
processing of requests; and
``(bb) repairs and
replacement of--
``(AA) components
and materials resulting
from and affected by
the installation or
improvement of
telecommunications
service facilities; or
``(BB) equipment
that facilitates 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 are already located and
those on which there are no
telecommunications service facilities
as of the date on which the complete
request is received by the government
or instrumentality.
``(c) Rule of Construction.--Except as provided in subsection
(b)(3), nothing in this section shall be construed to prevent any State
or local government or instrumentality thereof from imposing any
additional limitation or requirement relating to consideration by the
government or instrumentality of a request for authorization to place,
construct, or modify a telecommunications service facility.
``(d) Applicability.--This section shall apply to any request to a
State or local government or instrumentality thereof for authorization
to place, construct, or modify any telecommunications service facility,
including a request for authorization to place, construct, or modify a
telecommunications service facility in or on eligible support
infrastructure.
``(e) Judicial Review.--
``(1) In general.--Any person adversely affected by a final
action or failure to act by a State or local government or
instrumentality thereof that is inconsistent with this section
may, not later than 30 days after the action or failure to act,
commence an action in any court of competent jurisdiction.
``(2) Timing.--A court shall hear and decide an action
described in paragraph (1) on an expedited basis.
``(f) 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.
``(g) 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 the public rights-of-
way or to require fair and reasonable compensation from
telecommunications providers, on a competitively neutral and
nondiscriminatory basis, for use of public rights-of-way on a
competitively neutral and nondiscriminatory basis, if the compensation
required meets the requirements of subsection (b)(5).
``(h) Preemption.--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 any statute,
regulation, or legal requirement that violates or is inconsistent with
subsection (b), (f), or (g), the Commission shall preempt the
enforcement of such statute, regulation, or legal requirement to the
extent necessary to correct such violation or inconsistency.
``(i) Commercial Mobile Service Providers.--Nothing in this section
shall affect the application of section 332(c)(3) to commercial mobile
service providers.
``(j) 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.
``(k) When Request Considered Complete; Received.--
``(1) In general.--For purposes of this section, a request
to a State or local government or instrumentality thereof shall
be considered--
``(A) complete if--
``(i) the requesting party makes the
request by submitting to the government or
instrumentality the form required to be used
for making the request;
``(ii) the form submitted contains all of
the information specified by the form as being
required to be included in the form; and
``(iii) the requesting party has not
received a written notice from the government
or instrumentality within 10 business days
after the date on which the request is received
by the government or instrumentality--
``(I) stating that the form does
not contain all of the information
required to be included in the form;
and
``(II) identifying the information
required to be included in the form
that was not included; and
``(B) received by the government or
instrumentality--
``(i) in the case of a request submitted
electronically, on the date on which the form
required to be used for making the request is
transmitted;
``(ii) in the case of a request submitted
in person, on the date on which the form
required to be used for making the request is
delivered to the individual or at the location
specified in the form for in-person submission;
and
``(iii) in the case of a request submitted
in any other manner, on the date determined
under regulations promulgated by the Commission
for the manner in which the request is
submitted.
``(2) Treatment of multiple forms.--If a State or local
government or instrumentality thereof requires the use of
multiple forms for making a request, such forms shall be
treated as a single form for purposes of paragraph (1).
``(l) Definitions.--In this section:
``(1) Eligible support infrastructure.--The term `eligible
support infrastructure' means infrastructure that supports or
houses a facility for communication by wire (or is designed to
and capable of supporting or housing such a facility) at the
time when a complete 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 received by the government or
instrumentality.
``(2) Telecommunications service facility.--The term
`telecommunications service facility' means a facility for the
provision of any interstate or intrastate telecommunications
service.''.
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