[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1051 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1051
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2021
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) 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 any
interstate or intrastate telecommunications service.
``(b) Placement, Construction, or Modification of
Telecommunications Service Facilities.--
``(1) Prohibition on unreasonable discrimination among
providers of functionally equivalent services.--The regulation
of the placement, construction, or modification of a
telecommunications service facility by any State or local
government or instrumentality thereof shall not unreasonably
discriminate among providers of functionally equivalent
services.
``(2) Timeframe to grant or deny requests.--
``(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) 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.
``(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 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).
``(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
any 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 60 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.--Nothing in this section
shall affect the application of section 332(c)(3) to commercial mobile
service providers.
``(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 Complete; Received.--
``(1) When request considered complete.--
``(A) In general.--For the purposes of this
section, a request to a State or local government or
instrumentality thereof shall be considered complete if
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 all 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; and
``(ii) identifying the information required
to be submitted that was not submitted.
``(B) Definition.--In this paragraph, the term
`received by the government or instrumentality' means--
``(i) in the case of a request submitted
electronically, on the date on which the
request is transmitted;
``(ii) in the case of a request submitted
in person, on the date on which the request is
delivered to the individual or at the location
specified by the government or instrumentality
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) When complete request considered received.--For the
purposes of this section, a complete request shall be
considered received on the date on which the requesting party
submits to the government or instrumentality all information
(including any form or other document) required by the
government or instrumentality to be submitted for the request
to be considered complete.
``(j) 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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