[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3435 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3435
To establish a broadband expansion grant program, to streamline the
permitting process for fixed and mobile broadband services, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mrs. Rodgers of Washington (for herself and Mr. Latta) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural Resources, and
Agriculture, 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 establish a broadband expansion grant program, to streamline the
permitting process for fixed and mobile broadband services, 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 ``American Broadband Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BROADBAND EXPANSION
Sec. 101. Broadband expansion grant program.
Sec. 102. Mobile broadband expansion grant program.
TITLE II--BOOSTING BROADBAND CONNECTIVITY
Sec. 201. Wireless leadership.
Sec. 202. Broadband leadership.
Sec. 203. Cable leadership.
Sec. 204. Cable expansion.
Sec. 205. Cable competition.
Sec. 206. Cable transparency.
Sec. 207. Communities over regulating networks need economic
competition today.
Sec. 208. Streamlining permitting to enable efficient deployment of
broadband infrastructure.
Sec. 209. Wireless broadband competition and efficient deployment.
Sec. 210. Broadband competition and efficient deployment.
Sec. 211. Wireless resiliency and flexible investment.
Sec. 212. Broadband resiliency and flexible investment.
Sec. 213. Proportional reviews for broadband deployment.
Sec. 214. Protecting critical infrastructure.
Sec. 215. Reducing antiquated permitting for infrastructure deployment.
Sec. 216. Coastal broadband deployment.
Sec. 217. Brownfields broadband deployment.
Sec. 218. Trusted broadband networks.
Sec. 219. Connecting communities post disaster.
Sec. 220. Wildfire wireless resiliency.
Sec. 221. Standard fees.
Sec. 222. Expediting Federal broadband deployment.
Sec. 223. Federal broadband deployment in unserved areas.
Sec. 224. Federal broadband deployment tracking.
TITLE I--BROADBAND EXPANSION
SEC. 101. BROADBAND EXPANSION GRANT PROGRAM.
(a) Notification of Creation of Broadband Maps; Data Sharing.--
(1) In general.--Not later than 3 business days after
creating the maps required under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)), the
Commission shall notify the Assistant Secretary that such maps
have been created.
(2) Data sharing.--Not less frequently than annually, the
Commission shall, through the process established under section
802(b)(7) of the Communications Act of 1934 (47 U.S.C.
642(b)(7)), provide the Assistant Secretary any data collected
by the Commission pursuant to title VIII of such Act.
(b) Broadband Grant Program.--
(1) Establishment of grant program; notice of funding
opportunity.--The Assistant Secretary shall, not later than 1
year after the Assistant Secretary is notified as described in
subsection (a)(1)--
(A) establish a program to make grants on a
competitive basis, from amounts made available to carry
out this section, to covered partnerships for covered
broadband projects; and
(B) publish a Notice of Funding Opportunity in the
Federal Register that includes information about such
program, including any requirement established by this
section.
(2) Limitation.--The Assistant Secretary may not make a
grant under this section before the date that is 1 year after
the date on which the Assistant Secretary is notified as
described in subsection (a)(1).
(3) Coordination.--In making a grant award under paragraph
(1), in order to avoid overbuilding in areas where Federal
funds have already been awarded, the Assistant Secretary shall
coordinate with--
(A) the Chairman of the Commission;
(B) the Secretary of Agriculture; and
(C) the Assistant Secretary of Commerce for
Economic Development.
(4) Eligibility requirements.--
(A) In general.--To be eligible for a grant under
this section, a covered partnership shall submit an
application at such time, in such manner, and
containing such information as the Assistant Secretary
may require, but the application shall, at a minimum,
include a description of--
(i) the covered partnership submitting the
application under this subsection;
(ii) the covered broadband project to be
funded by the grant, including the speed or
speeds at which the covered partnership plans
to offer broadband service under the project;
(iii) the cost of the covered broadband
project to be funded by the grant, including--
(I) a description of how the
required construction will be funded;
(II) all estimated project costs
for all facilities that are required to
complete the project, including the
costs of upgrading, replacing, or
otherwise modifying the existing
facilities to expand coverage or meet
performance requirements;
(III) a description of how grant
funds will be used in combination with
other funds to support the broadband
service project;
(IV) in the case of a broadband
service project that will be partially
supported by loans, financial
projections demonstrating that the
covered partnership can cover the
necessary debt service payments over
the life of any loan; and
(V) financial projections
demonstrating that the covered
partnership will remain financially
stable at the conclusion of the grant
award;
(iv) the area to be served by the covered
broadband project (in this section referred to
as the ``proposed service area'');
(v) how the State, political subdivision,
or political subdivisions in the covered
partnership chose which provider of broadband
service to enter into a partnership with for
the purposes of applying for a grant under this
section; and
(vi) any support provided to the provider
of broadband service that is in the covered
partnership through--
(I) any grant, loan, or loan
guarantee provided by a State to the
provider of broadband service for the
deployment of broadband service in the
proposed service area;
(II) any grant, loan, or loan
guarantee with respect to the proposed
service area provided by the Secretary
of Agriculture under title VI of the
Rural Electrification Act of 1936 (7
U.S.C. 950bb et seq.), including the
Broadband Grants, Loans, and Loan
Guarantees program, the Community
Connect Programs, and the ReConnect
Pilot Program;
(III) any high-cost universal
service support provided under section
254 of the Communications Act of 1934
(47 U.S.C. 254);
(IV) any grant provided under
section 6001 of the American Recovery
and Reinvestment Act of 2009 (47 U.S.C.
1305);
(V) the Education Stabilization
Fund under title VIII of division B of
the CARES Act (Public Law 116-136);
(VI) any grant, loan, or loan
guarantee provided by the Federal
Government for the provision of
broadband service; or
(VII) any legally enforceable
broadband deployment obligations to
which the provider of broadband service
is subject in the eligible service
area.
(B) Requirement to streamline permitting process.--
(i) In general.--In order for a covered
partnership to be eligible for a grant under
this section each covered entity may only
charge a fee to consider an application for the
placement, construction, or modification of a
facility for the provision of broadband
service, personal wireless services, or
telecommunications service in the proposed
service area or an application to use a right-
of-way or a facility in a right-of-way owned or
managed by that entity for the placement,
construction, or modification of a facility for
the provision of any such service in the
proposed service area, if the fee for
considering such application is--
(I) nondiscriminatory;
(II) publicly disclosed; and
(III) based on actual and direct
costs, such as costs for the review and
processing of such applications.
(ii) Covered entity defined.--In this
paragraph, the term ``covered entity'' means--
(I) an entity in the partnership
that is a State or political
subdivision of a State; and
(II) a political subdivision in
which all or part of the proposed
service area is located.
(5) Priority.--In awarding grants under this section, the
Assistant Secretary shall give priority to applications for
covered broadband projects as follows (in decreasing order of
priority):
(A) Covered broadband projects designed to provide
broadband service to the greatest number of households
in an eligible service area.
(B) Covered broadband projects designed to provide
broadband service in an eligible service area that is
wholly within any area other than--
(i) a county, city, or town that has a
population of greater than 50,000 inhabitants;
and
(ii) the urbanized area contiguous and
adjacent to such a city or town.
(C) Covered broadband projects that are most cost-
effective, prioritizing such areas that are most rural.
(D) Covered broadband projects designed to provide
broadband service with a download speed of at least 100
megabits per second and an upload speed of at least 20
megabits per second.
(E) Any other covered broadband project that meets
the requirements of this section.
(6) Federal contribution.--The amount of any grant provided
to a covered partnership under this section may not exceed 75
percent of the total cost of the covered broadband project.
(7) Grant conditions.--
(A) Requirements.--As a condition of receiving a
grant under this section for a covered broadband
project that involves placing facilities along a
roadway, the Assistant Secretary shall require the
covered partnership receiving the grant to include
consistent access points to allow access to such
facilities, in accordance with any best practices
established by the Commission regarding the placement
of conduit access points.
(B) Prohibitions.--As a condition of receiving a
grant under this section, the Assistant Secretary shall
prohibit--
(i) a provider of broadband service that is
in the covered partnership receiving the grant
under this section--
(I) from using grant amounts
provided under this section to repay,
or make any other payment relating to,
a loan made by any public or private
lender;
(II) from using grant amounts
provided under this section as
collateral for a loan made by any
public or private lender; and
(III) from using more than $75,000
of grant amounts provided under this
section to pay for the preparation of
an application for a grant under this
section; and
(ii) a State, or a political subdivision of
the State, that is in the covered partnership
receiving the grant under this section from,
after accepting a grant under this section
offering broadband service.
(C) Nondiscrimination.--The Assistant Secretary may
not require a provider of broadband service that is in
an eligible partnership to be designated as an eligible
telecommunications carrier pursuant to section 214(e)
of the Communications Act of 1934 (47 U.S.C. 214(e)) to
be eligible to receive a grant under this section or as
a condition of receiving a grant under this section.
(8) Build-out, notification, and accountability
requirement.--
(A) In general.--The Assistant Secretary shall
establish build-out, accountability, and (in accordance
with paragraph (8)) reporting requirements for covered
partnerships that receive grants under this section,
including, for each covered partnership that receives a
grant under this section, milestones for the deployment
of broadband service under the covered broadband
project funded by the grant.
(B) Notification to commission.--Upon establishing
a build-out, accountability, or reporting requirement
under subparagraph (A), the Assistant Secretary shall
transmit to the Commission a notification describing
such requirement.
(C) Penalty.--If a covered partnership fails to
meet a build out requirement under subparagraph (A),
the Assistant Secretary shall--
(i) recover any funds made available to the
covered partnership; and
(ii) assess a covered partnership (to be
split equally among each entity in the
partnership) a fine of not less than 50 percent
of the funds made available to the covered
partnership.
(9) Reporting requirements.--
(A) In general.--A covered partnership that
receives a grant under this section shall--
(i) semi-annually submit to the Assistant
Secretary a certification that identifies the
areas for which broadband service has been
deployed under the covered broadband project
funded by the grant, to assess compliance with
broadband build-out milestones established by
the Assistant Secretary under paragraph (8) for
the project; and
(ii) provide to the Assistant Secretary
complete, reliable, and precise information (in
a manner consistent with how information is
submitted under section 802 of the
Communications Act of 1934 (47 U.S.C. 642)) on
each area receiving access to broadband service
through the covered broadband project funded by
the grant, not later than 90 days after--
(I) the date of completion of each
milestone established by the Assistant
Secretary under paragraph (7) for the
covered broadband project; and
(II) the date of completion of the
covered broadband project.
(B) Publication of semi-annual certification.--The
Assistant Secretary shall publish in the Federal
Register each certification submitted under
subparagraph (A)(i), except that the Assistant
Secretary shall not publish any information in such
certification that the Assistant Secretary determines
to be confidential.
(C) Sharing of information.--Not later than 30 days
after receiving information under subparagraph (A)(ii),
the Assistant Secretary shall provide such information
to the Commission.
(10) Technical assistance.--
(A) In general.--The Assistant Secretary may, at
the request of a covered partnership applying for a
grant under this section, provide technical assistance
and training to such partnership with respect to the
application process and the application to be submitted
by the partnership.
(B) Funding.--Not more than $1,000,000 of the
amount made available to carry out this section may be
used for technical assistance and training under
subparagraph (A).
(C) Coordination.--When providing technical
assistance to a covered partnership, the Assistant
Secretary shall coordinate with any official of the
State in which the political subdivision or political
subdivisions in the covered partnership are located
that is responsible for the expansion of broadband
service in the State.
(11) Relation to other federal and state broadband
programs.--
(A) Universal service fund.--Not later than 5
business days after the Commission receives a request
from the Assistant Secretary for any information the
Assistant Secretary determines necessary to ensure that
any grant made under this section complements and is
not duplicative of high-cost universal service support
provided under section 254 of the Communications Act of
1934 (47 U.S.C. 254), for an area that includes any
portion or all of the area to be served by the covered
broadband project with respect to which the grant is
made, the Commission shall provide the Assistant
Secretary such information.
(B) Rural utilities service.--Not later than 5
business days after the Secretary of Agriculture
receives a request from the Assistant Secretary for any
information the Assistant Secretary determines
necessary to ensure that any grant made under this
section complements and is not duplicative of grants,
loans, or loan guarantees provided by the Secretary of
Agriculture under title VI of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb et seq.), including the
Broadband Grants, Loans, and Loan Guarantees program
and the Community Connect Programs, and the ReConnect
Pilot Program, for an area that includes any portion or
all of the area to be served by the covered broadband
project with respect to which the grant is made, the
Secretary of Agriculture shall provide the Assistant
Secretary such information.
(C) State broadband grant programs.--The Assistant
Secretary shall ensure that any grant made under this
section complements and is not duplicative of grants,
loans, loan guarantees, or other support, provided by a
State to a provider of broadband service in the covered
partnership, that establishes a legally enforceable
obligation for the provider to provide broadband
service with a download speed of at least 25 megabits
per second and an upload speed of at least 3 megabits
per second, in an area that includes any portion or all
of the area to be served by the covered broadband
project with respect to which the grant is made.
(12) Report to congress.--The Assistant Secretary shall
annually submit a report to Congress on the progress of the
program established under this section, based on the
information provided by covered partnerships under paragraph
(8)(A)(ii), until every obligation under each grant provided
under this section is fulfilled.
(13) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000,000
for fiscal year 2023 through fiscal year 2027, to remain
available through fiscal year 2027.
(14) Challenge process.--In the Notice of Funding
Opportunity required to be published under subsection
(b)(1)(B), the Assistant Secretary shall be required to
establish a user-friendly challenge process through which
consumers, State, local, and Tribal governmental entities, and
other entities or individuals may submit information to the
Assistant Secretary to challenge whether--
(A) with respect to an area, such area is an
eligible service area;
(B) with respect to an area, an entity already
provides such service in the area; or,
(C) with respect to an area, an entity already has
a legally enforceable obligation to provide broadband
service in the area at 25 megabits per second upload
speed and 3 megabits per second download speed.
(15) Limitation on state or political subdivision.--
(A) Any entity in a covered partnership that is a
State or political subdivision of a State may not
prohibit or have the effect of prohibiting the entity
in a covered partnership that is a provider of fixed
broadband service that is not owned (in whole or in
part) or controlled by the State or any political
subdivision of the State from entering into a covered
partnership on the basis of requiring any obligation,
requirement, duty, or regulation that is inconsistent
with, or exceeds in a material way, any grant condition
required by the Assistant Secretary.
(B) In the case of a covered partnership that
receives a grant under this section, the entity in the
partnership that is a State or political subdivision of
a State may not impose any obligation, requirement,
duty, or regulation that is inconsistent with, or
exceeds in a material way, any grant condition required
by the Assistant Secretary.
(16) Rule of construction.--Nothing in this Act shall be
construed to permit an entity in a covered partnership that is
a State or a political subdivision of a State to own or operate
any facility used to provide broadband service at the
conclusion of the covered partnership.
(c) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband service.--The term ``broadband service'' has
the meaning given the term broadband internet access service in
section 8.1(b) of title 47, Code of Federal Regulations (or any
successor regulation).
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Covered broadband project.--The term ``covered
broadband project'' means a competitively and technologically
neutral project for the deployment of fixed broadband service
that provides in a eligible service areas broadband service
with a download speed of at least 25 megabits per second, an
upload speed of at least 3 megabits per second, and a latency
sufficient to support real-time applications.
(5) Covered partnership.--The term ``covered partnership''
means--
(A) a partnership between--
(i) a State, if such State does not offer
broadband service;
(ii) one or more political subdivisions of
the State, if such political subdivision or
such political subdivisions (as the case may
be) do not offer broadband service; and
(iii) a provider of fixed broadband service
that is not owned (in whole or in part) or
controlled by the State or any political
subdivision of the State; or
(B) a partnership between--
(i) one or more political subdivisions of a
State, provided such political subdivision or
political subdivisions (as the case may be)
does not offer broadband service; and
(ii) a provider of fixed broadband service
that is not owned (in whole or in part) or
controlled by the State or any political
subdivision of the State.
(6) Eligible service area.--The term ``eligible service
area'' means a household or business location in which
broadband service at 25 megabits per second upload and 3
megabits per second download speed is not available, as
determined by the Assistant Secretary solely on the basis of
the maps created under section 802(c)(1) of the Communications
Act of 1934 (47 U.S.C. 642(c)(1)), except for those areas that
are awarded funding in the Rural Digital Opportunity Fund Phase
II Auction (FCC 20-5) or a High Cost Program.
(7) High cost program.--The term ``high cost program''
means any of the following--
(A) any grant, loan, or loan guarantee provided by
a State to the provider of broadband service for the
deployment of broadband service in the proposed service
area;
(B) any grant, loan, or loan guarantee with respect
to the proposed service area provided by the Secretary
of Agriculture under title VI of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb et seq.),
including the Broadband Grants, Loans, and Loan
Guarantees program, the Community Connect Programs, and
the ReConnect Pilot Program;
(C) any high-cost universal service support
provided under section 254 of the Communications Act of
1934 (47 U.S.C. 254);
(D) any grant provided under section 6001 of the
American Recovery and Reinvestment Act of 2009 (47
U.S.C. 1305);
(E) the Education Stabilization Fund under title
VIII of division B of the CARES Act (Public Law 116-
136); or
(F) any grant, loan, or loan guarantee provided by
the Federal Government for the provision of broadband
service.
(8) Personal wireless services.--The term ``personal
wireless services''--
(A) has the meaning given such term in section 332
of the Communications Act of 1934 (47 U.S.C. 332); and
(B) includes 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)).
(9) Political subdivision.--The term ``political
subdivision'' includes a city, county, wireless authority, or
planning district commission.
(10) State.--The term ``State'' means the 50 States, the
District of Columbia, the territories and possessions of the
United States, and federally recognized Indian Tribes.
(11) Telecommunications service.--The term
``telecommunications service'' has the meaning given the term
in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
SEC. 102. MOBILE BROADBAND EXPANSION GRANT PROGRAM.
(a) Notification of Creation of Broadband Maps; Data Sharing.--
(1) In general.--Not later than 3 business days after
creating the maps required under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)), the
Commission shall notify the Assistant Secretary that such maps
have been created.
(2) Data sharing.--Not less frequently than annually, the
Commission shall, through the process established under section
802(b)(7) of the Communications Act of 1934 (47 U.S.C.
642(b)(7)), provide the Assistant Secretary any data collected
by the Commission pursuant to title VIII of such Act.
(b) Mobile Broadband Grant Program.--
(1) Establishment of grant program; notice of funding
opportunity.--The Assistant Secretary shall, not later than 1
year after the Assistant Secretary is notified as described in
subsection (a)(1)--
(A) establish a program to make grants on a
competitive basis, from amounts made available to carry
out this section, to covered partnerships for covered
mobile broadband service projects; and
(B) publish a Notice of Funding Opportunity in the
Federal Register that includes information about such
program, including any requirement established by this
section.
(2) Limitation; coordination.--
(A) The Assistant Secretary may not make a grant
under this section before the date that is 1 year after
the date on which the Assistant Secretary is notified
as described in subsection (a)(1).
(B) In making a grant award under paragraph (1),
the Assistant Secretary shall coordinate with the
Chairman of the Commission in order to avoid
overbuilding in areas where funds are made available
through the 5G Fund Report and Order (FCC 20-150)
adopted by the Commission on October 27, 2020.
(3) Eligibility requirements.--
(A) In general.--To be eligible for a grant under
this section, a covered partnership shall submit an
application at such time, in such manner, and
containing such information as the Assistant Secretary
may require, but the application shall, at a minimum,
include a description of--
(i) the covered partnership submitting the
application under this paragraph;
(ii) the covered mobile broadband service
project to be funded by the grant, including
the speed or speeds at which the covered
partnership plans to offer mobile broadband
service under the project;
(iii) the cost of the covered mobile
broadband service project to be funded by the
grant, including--
(I) a description of how the
required construction will be funded;
(II) all estimated project costs
for all facilities that are required to
complete the project, including the
costs of upgrading, replacing, or
otherwise modifying the existing
facilities to expand coverage or meet
performance requirements;
(III) a description of how grant
funds will be used in combination with
other funds to support the mobile
broadband service project;
(IV) in the case of a mobile
broadband service project that will be
partially supported by loans, financial
projections demonstrating that the
covered partnership can cover the
necessary debt service payments over
the life of any loan; and
(V) financial projects
demonstrating that the covered
partnership will remain financially
stable at the conclusion of the grant
award;
(iv) the area to be served by the covered
mobile broadband service project (in this
subsection referred to as the ``proposed
service area'');
(v) how the State, political subdivision,
or political subdivisions in the covered
partnership chose which provider of mobile
broadband service to enter into a partnership
with for the purposes of applying for a grant
under this section; and
(vi) any support (other than support for a
wireline service) that the provider of mobile
broadband service that is in the covered
partnership has received through--
(I) any grant, loan, or loan
guarantee provided by a State to the
provider of mobile broadband service
for the deployment of mobile broadband
service in the proposed service area;
(II) any high-cost universal
service support provided under section
254 of the Communications Act of 1934
(47 U.S.C. 254);
(III) any grant provided under
section 6001 of the American Recovery
and Reinvestment Act of 2009 (47 U.S.C.
1305);
(IV) the Education Stabilization
Fund under title VIII of division B of
the CARES Act (Public Law 116-136);
(V) any other grant, loan, or loan
guarantee provided by the Federal
Government for the provision of
broadband service; or
(VI) any legally enforceable mobile
broadband deployment obligations to
which the provider of mobile broadband
service is subject in the eligible
service area.
(B) Requirement to streamline permitting process.--
(i) In general.--In order for a covered
partnership to be eligible for a grant under
this section each covered entity may only
charge a fee to consider an application for the
placement, construction, or modification of a
facility for the provision of broadband
service, personal wireless services, or
telecommunications service in the proposed
service area or an application to use a right-
of-way or a facility in a right-of-way owned or
managed by that entity for the placement,
construction, or modification of a facility for
the provision of any such service in the
proposed service area, if the fee for
considering such application is--
(I) nondiscriminatory;
(II) publicly disclosed; and
(III) based on actual and direct
costs, such as costs for the review and
processing of such applications.
(ii) Covered entity defined.--In this
subparagraph, the term ``covered entity''
means--
(I) an entity in the partnership
that is a State or political
subdivision of a State; and
(II) a political subdivision in
which all or part of the proposed
service area is located.
(4) Priority.--In awarding grants under this section, the
Assistant Secretary shall give priority to applications for
covered mobile broadband service projects as follows (in
decreasing order of priority):
(A) Covered mobile broadband service projects
designed to provide mobile broadband service to an
eligible service in which the greatest number of
households in the eligible service area do not have
fixed broadband service with a download speed of 25
megabits per second and an upload speed of 3 megabits
per second, as determined by the Assistant Secretary on
the basis of the maps required under section 802(c)(1)
of the Communications Act of 1934 (47 U.S.C.
642(c)(1)).
(B) Covered mobile broadband service projects
designed to provide mobile broadband service in an
eligible service area that is wholly within any area
other than--
(i) a county, city, or town that has a
population of greater than 50,000 inhabitants;
and
(ii) the urbanized area contiguous and
adjacent to such a city or town.
(C) Covered mobile broadband service projects that
are most cost-effective.
(D) Covered mobile broadband service projects that
are most rural.
(E) Covered mobile broadband service projects
designed to provide 5th Generation long-term evolution
or future generation of service that meets the
standards set forth in Release 15, or any successor
release, of the 3rd Generation Partnership Project.
(F) Any other covered mobile broadband service
project that meets the requirements of this section.
(5) Federal contribution.--The amount of any grant provided
to a covered partnership under this section may not exceed 75
percent of the total cost of the covered mobile broadband
service project.
(6) Grant conditions.--
(A) Requirements.--As a condition of receiving a
grant under this section for a covered mobile broadband
service project, a covered partnership shall provide
mobile broadband service under the project using the
facilities of the provider of mobile broadband service
in the covered partnership and not exclusively through
the resale of the service of another provider of
personal wireless services.
(B) Prohibitions.--As a condition of receiving a
grant under this section, the Assistant Secretary shall
prohibit--
(i) a provider of mobile broadband service
that is in the covered partnership receiving
the grant under this section--
(I) from using grant amounts
provided under this section to repay,
or make any other payment relating to,
a loan made by any public or private
lender;
(II) from using grant amounts
provided under this section as
collateral for a loan made by any
public or private lender; and
(III) from using more than $75,000
of grant amounts provided under this
section to pay for the preparation of
an application for a grant under this
section; and
(ii) a State, or a political subdivision of
a State, that is in the covered partnership
receiving the grant under this section, after
accepting a grant under this section from
offering mobile broadband service.
(C) Nondiscrimination.--The Assistant Secretary may
not require a provider of mobile broadband service that
is in an eligible partnership to be designated as an
eligible telecommunications carrier pursuant to section
214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) for the covered partnership to be eligible to
receive a grant under this section or as a condition of
the covered partnership receiving a grant under this
section.
(D) Collocation.--A covered entity (as defined in
paragraph (3)(B)(ii)) may not prohibit or have the
effect of prohibiting the collocation of personal
wireless service facilities at any site at which the
covered partnership has deployed a personal wireless
service facility in connection with a grant made
available in this section.
(7) Build-out, notification, and accountability
requirement.--
(A) In general.--The Assistant Secretary shall
establish build-out, accountability, and (in accordance
with paragraph (8)) reporting requirements for covered
partnerships that receive grants under this section,
including, for each covered partnership that receives a
grant under this section, milestones for the deployment
of mobile broadband service under the covered mobile
broadband service project funded by the grant.
(B) Notification to commission.--Upon establishing
a build-out, accountability, or reporting requirement
under subparagraph (A), the Assistant Secretary shall
transmit to the Commission a notification describing
such requirement.
(C) Penalty.--If a covered partnership fails to
meet a build out requirement under subparagraph (A),
the Assistant Secretary shall--
(i) recover any funds made available to the
covered partnership; and
(ii) assess a covered partnership (to be
split equally among each entity in the
partnership) a fine of not less than 50 percent
of the funds made available to the covered
partnership.
(8) Reporting requirements.--
(A) In general.--A covered partnership that
receives a grant under this section shall--
(i) semi-annually submit to the Assistant
Secretary a certification that identifies the
areas for which mobile broadband service have
been deployed under the covered mobile
broadband service project funded by the grant,
to assess compliance with mobile broadband
service build-out milestones established by the
Assistant Secretary under paragraph (7) for the
project; and
(ii) provide to the Assistant Secretary
complete, reliable, and precise information (in
a manner consistent with how information is
submitted under section 802 of the
Communications Act of 1934 (47 U.S.C. 642)) on
each area receiving access to mobile broadband
service through the covered mobile broadband
service project funded by the grant, not later
than 90 days after--
(I) the date of completion of each
milestone established by the Assistant
Secretary under paragraph (6) for the
covered mobile broadband service
project; and
(II) the date of completion of the
covered mobile broadband service
project.
(B) Publication of semi-annual certification.--The
Assistant Secretary shall publish in the Federal
Register each certification submitted under
subparagraph (A)(i), except that the Assistant
Secretary shall not publish any information in such
certification that the Assistant Secretary determines
to be confidential.
(C) Sharing of information.--Not later than 30 days
after receiving information under subparagraph (A)(ii),
the Assistant Secretary shall provide such information
to the Commission.
(9) Technical assistance.--
(A) In general.--The Assistant Secretary may, at
the request of a covered partnership applying for a
grant under this section, provide technical assistance
and training to such partnership with respect to the
application process and the application to be submitted
by the partnership.
(B) Funding.--Not more than $1,000,000 of the
amount made available to carry out this section may be
used for technical assistance and training under
subparagraph (A).
(C) Coordination.--When providing technical
assistance to a covered partnership, the Assistant
Secretary shall coordinate with any official of the
State in which the political subdivision or political
subdivisions in the covered partnership are located
that is responsible for the expansion of personal
wireless services in the State.
(10) Relation to other federal and state broadband
programs.--
(A) Universal service fund.--Not later than 5
business days after the Commission receives a request
from the Assistant Secretary for any information the
Assistant Secretary determines necessary to ensure that
any grant made under this section complements and is
not duplicative of high-cost universal service support
provided under section 254 of the Communications Act of
1934 (47 U.S.C. 254), for an area that includes any
portion or all of the area to be served by the covered
mobile broadband service project with respect to which
the grant is made, the Commission shall provide the
Assistant Secretary such information.
(B) State broadband grant programs.--The Assistant
Secretary shall ensure that any grant made under this
section complements and is not duplicative of grants,
loans, loan guarantees, or other support, provided by a
State to a provider of mobile broadband service in the
covered partnership, that establishes a legally
enforceable obligation for the provider to provide
broadband service with a download speed of at least 25
megabits per second and an upload speed of at least 3
megabits per second, in an area that includes any
portion or all of the area to be served by the covered
mobile broadband service project with respect to which
the grant is made.
(11) Challenge process.--In the Notice of Funding
Opportunity required to be published under subsection
(b)(1)(B), the Assistant Secretary shall be required to
establish a user-friendly challenge process through which
consumers, State, local, and Tribal governmental entities, and
other entities or individuals may submit information to the
Assistant Secretary to challenge whether--
(A) with respect to an area, such area is an
eligible service area;
(B) with respect to an area, an entity already
provides such service in the area; or
(C) with respect to an area, an entity already has
a legally enforceable obligation to provide mobile
broadband service in the area.
(12) Limitation on state or political subdivision.--
(A) Any entity in a covered partnership that is a
State or political subdivision of a State may not
prohibit or have the effect of prohibiting the entity
in a covered partnership that is a provider of mobile
broadband service that is not owned (in whole or in
part) or controlled by the State or any political
subdivision of the State from entering into a covered
partnership on the basis of requiring any obligation,
requirement, duty, or regulation that is inconsistent
with, or exceeds in a material way, any grant condition
required by the Assistant Secretary.
(B) In the case of a covered partnership that
receives a grant under this section, the entity in the
partnership that is a State or political subdivision of
a State may not impose any obligation, requirement,
duty, or regulation that is inconsistent with, or
exceeds in a material way, any grant condition required
by the Assistant Secretary.
(13) Rule of construction.--Nothing in this Act shall be
construed to permit an entity in a covered partnership that is
a State or a unit of local government to own or operate any
facility used to provide mobile broadband service at the
conclusion of the covered partnership.
(14) Report to congress.--The Assistant Secretary shall
annually submit a report to Congress on the progress of the
program established under this section, based on the
information provided by covered partnerships under paragraph
(8)(A)(ii), until every obligation under each grant provided
under this section is fulfilled.
(15) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000,000 for
fiscal year 2023 through fiscal year 2027, to remain available
through fiscal year 2027.
(c) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband service.--The term ``broadband service'' has
the meaning given the term broadband internet access service in
section 8.1(b) of title 47, Code of Federal Regulations (or any
successor regulation).
(3) Cell edge probability; cell loading.--The terms ``cell
edge probability'' and ``cell loading'' have the meaning given
those terms in section 801 of the Communications Act of 1934
(47 U.S.C. 641).
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Covered mobile broadband service project.--The term
``covered mobile broadband service project'' means a
competitively and technologically neutral project for the
deployment of mobile broadband service in an eligible service
area.
(6) Covered partnership.--The term ``covered partnership''
means--
(A) a partnership between--
(i) a State, if such State does not offer
personal wireless services;
(ii) one or more political subdivisions of
the State, if such political subdivision or
such political subdivisions (as the case may
be) do not offer mobile broadband service; and
(iii) a provider of mobile broadband
service that is not owned (in whole or in part)
or controlled by the State or any political
subdivision of the State; or
(B) a partnership between--
(i) one or more political subdivisions of a
State, provided such political subdivision or
political subdivisions (as the case may be)
does not offer mobile broadband service; and
(ii) a provider of mobile broadband service
that is not owned (in whole or in part) or
controlled by the State or any political
subdivision of the State.
(7) Eligible service area.--The term ``eligible service
area'' means an area not smaller than a census block in which
mobile broadband service is not available, as determined by the
Assistant Secretary solely on the basis of the maps created
under section 802(c)(1) of the Communications Act of 1934 (47
U.S.C. 642(c)(1)), except such areas that are eligible for
support or are awarded support under the 5G Fund Report and
Order (FCC 20-150) adopted by the Commission on October 27,
2020.
(8) Mobile broadband service.--The term ``mobile broadband
service'' means 4th Generation long-term evolution service, 5th
Generation long-term evolution service, or future generation of
service that meets the standards set forth in Release 10, or
any successor release, of the 3rd Generation Partnership
Project.
(9) Personal wireless services.--The term ``personal
wireless services''--
(A) has the meaning given such term in section 332
of the Communications Act of 1934 (47 U.S.C. 332); and
(B) includes 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)).
(10) Personal wireless service facility.--The term
``personal wireless service facility'' means a facility for the
provision of personal wireless service.
(11) Political subdivision.--The term ``political
subdivision'' includes a city, county, wireless authority, or
planning district commission.
(12) State.--The term ``State'' means the 50 States, the
District of Columbia, the territories and possessions of the
United States, and federally recognized Indian Tribes.
(13) Telecommunications service.--The term
``telecommunications service'' has the meaning given the term
in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
TITLE II--BOOSTING BROADBAND CONNECTIVITY
SEC. 201. WIRELESS LEADERSHIP.
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, and 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 unreasonably
discriminate among providers of the
same 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
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 small
personal wireless service facilities objective,
reasonable, and nondiscriminatory--
``(I) structural engineering
standards based on generally applicable
codes;
``(II) safety requirements; or
``(III) aesthetic or concealment
requirements.
``(iii) Timeframes.--
``(I) 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 personal wireless service
facility not later than--
``(aa) in the case of 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 on an
eligible support
structure, including in
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 complete
request is received by
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 complete
request is received by
the government or
instrumentality; and
``(bb) in the case of a
small personal wireless service
facility--
``(AA) if the
request is for
authorization to place,
construct, or modify
such facility on an
eligible support
structure, including in
an area that has not
previously been zoned
for personal wireless
service facilities, 60
days after the date on
which the complete
request is received by
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 complete
request is received by
the government or
instrumentality.
``(II) Treatment of batched
requests.--In the case of complete
requests described in subclause (I)
that are submitted as part of a single
batch and received by 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 tolling.--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 consideration of any request for
authorization to place, construct, or
modify a personal wireless service
facility.
``(V) Temporary waiver.--The
Commission may temporarily waive the
applicability of subclause (I) 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.
``(iv) Deemed granted.--
``(I) In general.--If a State or
local government or instrumentality
thereof has neither granted nor denied
a complete request within the
applicable timeframe under subclause
(I) of clause (iii), including any
temporary waiver granted under
subclause (V) of such clause, 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; and
``(II) supported by substantial
evidence contained in a written record.
``(vi) Environmental effects of radio
frequency emissions.--No State or local
government or instrumentality thereof may
regulate the 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 comply with the
Commission's regulations concerning such
emissions.
``(vii) Fees.--Notwithstanding any other
provision of 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) publicly disclosed;
``(III) calculated--
``(aa) based on actual and
direct costs, such as costs
for--
``(AA) review and
processing of requests;
and
``(BB) repairs and
replacement of
components and
materials resulting
from and affected by
the installation or
improvement of personal
wireless service
facilities, or repairs
and replacement of
equipment that
facilitates 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 those on
which there are no personal
wireless service facilities as
of the date on which the
complete request is received by
the government or
instrumentality.
``(C) Judicial and 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 order the government or
instrumentality to reconsider the
action or failure to act.
``(II) Public notice and comment;
timing.--Not later than 60 days after
receiving a petition under subclause
(I), the Commission shall--
``(aa) provide public
notice of, and an opportunity
for public comment on, such
petition; and
``(bb) grant or deny such
petition.
``(D) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this paragraph, 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--
``(aa) 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
``(bb) identifying the
information required to be
submitted that was not
submitted.
``(II) Definition.--In this clause,
the term `received by the government or
instrumentality' means--
``(aa) in the case of a
request submitted
electronically, on the date on
which the request is
transmitted;
``(bb) 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
``(cc) 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.
``(ii) When complete request considered
received.--For the purposes of this paragraph,
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.
``(E) 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--
``(I) cable service, as defined in
section 602;
``(II) information service;
``(III) telecommunications service;
and
``(IV) personal wireless service.
``(iv) Eligible support structure.--The
term `eligible support structure' means a
tower, base station, or other structure that
supports a personal wireless service 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 personal wireless service facility on
the structure is received by the government or
instrumentality.
``(v) 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.
``(vi) 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.
``(vii) Personal wireless service.--The
term `personal wireless service' means--
``(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.
``(viii) Personal wireless service
facility.--The term `personal wireless service
facility' means a facility for the provision of
personal wireless service.
``(ix) Small personal wireless service
facility.--The term `small personal wireless
service facility'--
``(I) means a personal wireless
service facility in which each antenna
is not more than 3 cubic feet in
volume; and
``(II) does not include a wireline
backhaul facility.
``(x) 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).
``(xi) 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. 202. BROADBAND LEADERSHIP.
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.''.
SEC. 203. CABLE LEADERSHIP.
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 franchising authority receives a complete 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 tolling.--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) Written decision and record.--Any decision by a
franchising authority to deny a complete request for a
franchise shall be--
``(A) in writing;
``(B) supported by substantial evidence contained
in a written record; and
``(C) publicly released, contemporaneously with the
decision.
``(6) When request considered complete; received.--
``(A) When request considered complete.--
``(i) In general.--For the purposes of this
subsection, a request to a franchising
authority shall be considered complete if the
requesting party has not received a written
notice from the franchising authority within 10
business days after the date on which the
request is received by the franchising
authority--
``(I) stating that all 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; and
``(II) identifying the information
required to be submitted that was not
submitted.
``(ii) Definition.--In this paragraph, the
term `received by the franchising authority'
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 franchising authority 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.
``(B) When complete request considered received.--
For the purposes of this subsection, a complete request
shall be considered received on the date on which the
requesting party submits to the franchising authority
all information (including any form or other document)
required by the franchising authority to be submitted
for the request to be considered complete.''.
SEC. 204. CABLE EXPANSION.
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
Certain Facilities.--
``(1) No affect on authority of franchising authority.--
Except as provided in paragraph (2), and notwithstanding any
other provision of this section, nothing in this title shall
limit or affect the authority of a franchising authority over
decisions regarding the placement, construction, and
modification of a covered facility within the jurisdiction of
such franchising authority.
``(2) Limitations.--
``(A) Ability to provide or enhance cable
service.--The regulation of the placement,
construction, or modification of a covered facility by
a franchising authority shall not prohibit or have the
effect of prohibiting the ability of a cable operator
to provide cable service, or enhance cable service
provided, under a franchise granted by such franchising
authority.
``(B) Timing of decisions on requests for
authorizations to place, construct, or modify
facility.--
``(i) Request for authorization to place,
construct, or modify facility.--
``(I) Timeframe.--A franchising
authority shall approve or deny a
complete request for authorization to
place, construct, or modify a covered
facility not later than--
``(aa) if the request is
for authorization to place,
construct, or modify a covered
facility in or on an eligible
support infrastructure, 90 days
after the date on which the
franchising authority receives
the request; and
``(bb) if the request is
not for authorization to place,
construct modify a covered
facility in or on an eligible
support infrastructure, 150
days after the date on which
franchising authority receives
the request.
``(II) Applicability.--
Notwithstanding any provision of this
title, the applicable timeframe under
subparagraph (A) shall apply
collectively to all proceedings
required by a franchising authority for
the approval of the request.
``(III) No tolling.--A timeframe
under subparagraph (A) may not be
tolled by any moratorium, whether
express or de facto, imposed by a
franchising authority on the
consideration of any request for
authorization to place, construct, or
modify a facility for the provision of
cable service.
``(IV) Written decision and
record.--Any decision by a franchising
authority to deny a complete request
for authorization to place, construct,
or modify a covered facility shall be--
``(aa) in writing;
``(bb) supported by
substantial evidence contained
in a written record; and
``(cc) publicly released,
contemporaneously with the
decision.
``(C) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this subparagraph (B), a request to
a franchising authority shall be
considered complete if the requesting
party has not received a written notice
from the franchising authority within
10 business days after the date on
which the request is received by the
franchising authority--
``(aa) stating that all 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; and
``(bb) identifying the
information required to be
submitted that was not
submitted.
``(II) Definition.--In this clause,
the term `received by the franchising
authority' means--
``(aa) in the case of a
request submitted
electronically, on the date on
which the request is
transmitted;
``(bb) 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 franchising authority for
in-person submission; and
``(cc) 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.
``(ii) When complete request considered
received.--For the purposes of subparagraph
(B), a complete request shall be considered
received on the date on which the requesting
party submits to the franchising authority all
information (including any form or other
document) required by the franchising authority
to be submitted for the request to be
considered complete.
``(D) Definitions.--In this subsection:
``(i) 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 facility) at the time when a
complete request to a franchising authority for
authorization to place, construct, or modify a
covered facility in or on the infrastructure is
received by the franchising authority.
``(ii) Covered facility.--The term `covered
facility' means a facility--
``(I) for the provision of cable
service; and
``(II) that serves subscribers
using an easement or public right-of-
way.''.
SEC. 205. CABLE COMPETITION.
(a) In General.--Section 627 of the Communications Act of 1934 (47
U.S.C. 547) is amended to read:
``SEC. 627. CONDITIONS OF SALE OR TRANSFER.
``(a) Value of Cable System Upon Sale or Transfer.--
``(1) After denial of franchise renewal.--If a renewal of a
franchise held by a cable operator is denied 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, determined on the basis of the cable system
valued as a going concern but with no value allocated to the
franchise itself.
``(2) After revocation of franchise for cause.--If a
franchise held by a cable operator is revoked for cause 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--
``(A) preclude a cable operator from transferring a
franchise to a person to which such franchise was not
initially granted; or
``(B) require a cable operator to which a franchise
is initially granted to receive approval from the
franchising authority for the transfer of such
franchise to a person who to which such franchise was
not initially granted.
``(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 after a transfer of a franchise, notify the
franchising authority in writing of such transfer.
``(3) Transfer defined.--In this subsection, the term
`transfer' means the assignment rights under a franchise
through any transaction, including a merger, sale, assignment,
restructuring, or transfer of control of a cable operator or a
cable system.''.
(b) Effective Date.--This section, and the amendments 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 such franchise (including any
renewal term thereof) is in effect on such date.
SEC. 206. CABLE TRANSPARENCY.
(a) 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 complete request under
clause (i), the franchising authority shall
revoke the franchise on the date that is 90
days after the franchising authority receives
such request.
``(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) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this paragraph, a request to a
franchising authority shall be
considered complete if the cable
operator has not received a written
notice from the franchising authority
within 10 business days after the date
on which the request is received by the
franchising authority--
``(aa) stating that all 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; and
``(bb) identifying the
information required to be
submitted that was not
submitted.
``(II) Definition.--In this clause,
the term `received by the franchising
authority' means--
``(aa) in the case of a
request submitted
electronically, on the date on
which the request is
transmitted;
``(bb) 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 franchising authority for
in-person submission; and
``(cc) 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.
``(ii) When complete request considered
received.--For the purposes of this paragraph,
a complete request shall be considered received
on the date on which the cable operator submits
to the franchising authority all information
(including any form or other document) required
by the franchising authority to be submitted
for the request to be considered complete.
``(c) Review by Commission.--
``(1) Petition.--A cable operator may petition the
Commission for review of a determination by a franchising
authority to revoke a franchise under subsection (b)(2)(B).
``(2) Review.--The Commission shall review the
determination de novo.
``(3) Order.--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), the Commission shall
order the franchising authority to reinstate the franchise.''.
(b) 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.--The
franchising authority shall eliminate or modify a requirement in
accordance with a complete request submitted under subsection (a) not
later than 120 days after receiving such request if the cable operator
demonstrates in the request--
``(1) good cause for the elimination or modification of the
requirement; and
``(2) that the mix, quality, and level of services required
by the franchise at the time the franchise was granted will be
maintained after the elimination or modification of the
requirement.
``(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 complete 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 obtain the elimination or
modification of such franchise requirements 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--
``(A) good cause for the elimination or
modification of the requirement; and
``(B) that the mix, quality, and level of services
required by the franchise at the time the franchise was
granted will be maintained after the elimination or
modification of the requirement.
``(e) When Request Considered Complete; Received.--
``(1) When request considered complete.--
``(A) In general.--For the purposes of this
section, a request to a franchising authority shall be
considered complete if the cable operator has not
received a written notice from the franchising
authority within 10 business days after the date on
which the request is received by the franchising
authority--
``(i) stating that all 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; and
``(ii) identifying the information required
to be submitted that was not submitted.
``(B) Definition.--In this paragraph, the term
`received by the franchising authority' 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 franchising authority 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 cable operator
submits to the franchising authority all information (including
any form or other document) required by the franchising
authority to be submitted for the request to be considered
complete.''.
(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 627--
(A) by striking subsection (a);
(B) in subsection (b), by inserting ``, as
described in section 626(b)(2)(B),'' after ``for
cause''; and
(C) by striking ``(b) If'' and inserting ``If'';
and
(8) 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 such franchise (including,
notwithstanding the amendment made by subsection
(c)(2)(B), any renewal thereof) is in effect on such
date.
SEC. 207. COMMUNITIES OVER REGULATING NETWORKS NEED ECONOMIC
COMPETITION TODAY.
(a) In General.--Except as provided in subsections (b)(1) and (c),
a State or political subdivision thereof may not provide or offer for
sale to the public, a telecommunications provider, or to a commercial
provider of broadband internet access service, retail or wholesale
broadband internet access service.
(b) Transitional Rule.--Any State or political subdivision thereof
providing or offering for sale, either to the public, a
telecommunications provider, or to a provider of broadband internet
access service, retail or wholesale broadband internet access service,
before the date of the enactment of this section--
(1) notwithstanding subsection (a), may continue to provide
or offer for sale such service if the Commission finds there is
no more than one other commercial provider of broadband
internet access that provides competition for that service in a
particular area;
(2) shall notify each subscriber of the State or political
subdivision if a commercial provider of retail broadband
internet access enters the market; and
(3) may not construct or extend facilities used to deliver
broadband internet access service beyond the geographic area in
which the State or political subdivision thereof lawfully
operates.
(c) Exception.--Notwithstanding subsection (a), this section does
not apply to the Tennessee Valley Authority.
(d) Rules of Construction.--
(1) In general.--This section may not be construed to
restrict a State or political subdivision thereof, from
allowing the nondiscriminatory use of its rights-of-way,
including access to utility poles, conduits, ducts, or similar
support structures used for the deployment of facilities
necessary to deliver broadband internet access service.
(2) Public safety.--This section may not be construed to
restrict a State or political subdivision thereof, from
providing broadband facilities or services for 9-1-1, enhanced
9-1-1 service, or Next Generation 9-1-1.
(e) Limitation of Commission Authority.--Notwithstanding any
provision of law, including section 706 of the Communications Act of
1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to
permit a State or political subdivision thereof to provide or offer for
sale to the public retail or wholesale broadband internet access
service.
(f) Definitions.--In this section:
(1) 9-1-1 request for emergency assistance.--The term ``9-
1-1 request for emergency assistance'' means a communication,
such as voice, text, picture, multimedia, or any other type of
data that is sent to an emergency communications center for the
purpose of requesting emergency assistance.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
that term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(3) Commonly accepted standards.--The term ``commonly
accepted standards'' means--
(A) the technical standards followed by the
communications industry for network, device, and
Internet Protocol connectivity, including standards
developed by the Third Generation Partnership Project,
the Institute of Electrical and Electronics Engineers,
the Alliance for Telecommunications Industry Solutions,
the Internet Engineering Taskforce, and the
International Telecommunications Union; and
(B) standards that are accredited by a recognized
authority such as the American National Standards
Institute.
(4) Emergency communications center.--The term ``emergency
communications center'' means a facility that is designated to
receive a 9-1-1 request for emergency assistance and perform
one or more of the following functions:
(A) Process and analyze 9-1-1 requests for
emergency assistance and other gathered information.
(B) Dispatch appropriate emergency response
providers.
(C) Transfer or exchange 9-1-1 requests for
emergency assistance and other gathered information
with other emergency communications centers and
emergency response providers.
(D) Analyze any communications received from
emergency response providers.
(E) Support incident command functions.
(5) Emergency response provider.--The term ``emergency
response provider''--
(A) has the meaning given that term under section 2
of the Homeland Security Act (47 U.S.C. 101); and
(B) includes Federal, State, and local governmental
and nongovernmental emergency public safety, fire, law
enforcement, emergency response, emergency medical
(including hospital emergency facilities), and related
personnel, agencies, and authorities.
(6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1
service'' has the meaning given that term in section 7(10) of
the Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615b(10)).
(7) Interoperable.--The term ``interoperable'' means the
capability of emergency communications centers to receive 9-1-1
requests for emergency assistance and related data such as
location information and callback numbers from the public, then
process and share the 9-1-1 requests for emergency assistance
and related data with other emergency communications centers
and emergency response providers, regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors, and without the need for proprietary
interfaces.
(8) Next generation 9-1-1.--The term ``Next Generation 9-1-
1'' means an interoperable, secure, Internet Protocol-based
system that--
(A) employs commonly accepted standards;
(B) enables the appropriate emergency
communications centers to receive, process, and analyze
all types of 9-1-1 requests for emergency assistance;
(C) acquires and integrates additional information
useful to handling 9-1-1 requests for emergency
assistance; and
(D) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
(9) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.
(10) Telecommunications provider.--The term
``telecommunications provider'' means an eligible
telecommunications carrier as designated under section
214(e)(2) of the Communications Act of 1934 (47 U.S.C.
214(e)(2)).
SEC. 208. STREAMLINING PERMITTING TO ENABLE EFFICIENT DEPLOYMENT OF
BROADBAND INFRASTRUCTURE.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.
``(a) For Permitting by Commission.--
``(1) In general.--Notwithstanding any provision of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or division A of subtitle III of title 54, United States
Code, the Commission shall not be required to perform, and may
not require any entity regulated by the Commission to perform,
any review under such Act or division as a condition of
permitting the placement and installation of a communications
facility if--
``(A) the new facility--
``(i) will be located within a public
right-of-way; and
``(ii) is not more than 50 feet tall or 10
feet higher than any existing structure in the
public right-of-way, whichever is higher;
``(B) the 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 communications facility that
the new communications facility is replacing;
``(C) the new facility is a type of communications
facility that--
``(i) is described in subsection (c)(2)(B);
and
``(ii) meets the size limitation of a small
antenna established by the Commission; or
``(D) the placement and installation involve the
expansion of the site of an existing facility not more
than 30 feet in any direction.
``(2) Savings clause.--Nothing in this subsection shall be
construed to affect--
``(A) the obligation of the Commission to evaluate
radiofrequency exposure under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(B) except as explicitly provided in this
subsection, the obligation of any provider of a
communications service to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or division A of subtitle III of title 54, United
States Code;
``(C) the authority of a State or local government
to apply and enforce the zoning and other land use
regulations of the State or local government to the
extent consistent with this subsection and sections
253, 332(c)(7), and 621; or
``(D) the authority or obligations established
under section 20156(e) of title 49, United States Code.
``(b) For Grant of Easement on Federal Property.--No review shall
be required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United
States Code, as a condition of granting a covered easement for a
communications facility if a covered easement has been granted for
another communications facility or a utility facility with respect to
the same building or other property owned by the Federal Government.
``(c) Definitions.--In this section:
``(1) Antenna.--The term `antenna' means communications
equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
``(2) Communications facility.--The term `communications
facility' includes--
``(A) any infrastructure, including any
transmitting device, tower, or support structure, and
any equipment, switches, wiring, cabling, power
sources, shelters, or cabinets, associated with the
licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, and sounds of all kinds; and
``(B) any antenna or apparatus--
``(i) that is designed for the purpose of
emitting or receiving radio frequency;
``(ii) that--
``(I) is designed to be operated,
or is operating, from a fixed location
pursuant to authorization by the
Commission; or
``(II) is using duly authorized
devices that do not require individual
licenses; and
``(iii) that is added to a tower, building,
support pole, or other structure.
``(3) Covered easement.--The term `covered easement' means
an easement, right-of-way, or lease to, in, over, or on a
building or other property owned by the Federal Government,
excluding Tribal land held in trust by the Federal Government
(unless the Tribal Government of 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.
``(4) 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; 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).
``(5) Support pole.--The term `support pole' means an
upright pole or structure used or capable of being used to
support a wireless service facility.
``(6) 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.
``(7) Wireless service.--The term `wireless service' means
the transmission by radio communication of voice, video, or
data communications services, including Internet Protocol or
any successor protocol-enabled services, or any combination of
those services, whether provided on a licensed or permitted
unlicensed basis.
``(8) Wireless service facility.--The term `wireless
service facility' means a facility for the provision of
wireless service.''.
SEC. 209. WIRELESS BROADBAND COMPETITION AND EFFICIENT DEPLOYMENT.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered project.--The term ``covered project'' means a
project--
(A) for--
(i) the mounting or installation of an
eligible personal wireless service facility
with another eligible personal wireless service
facility that exists at the time at which a
complete request for authorization of such
mounting or installation is filed with a State
or local government or instrumentality thereof;
or
(ii) the modification of an eligible
personal wireless service facility; and
(B) for which a permit, license, or approval from
the Commission is required or that is otherwise subject
to the jurisdiction of the Commission.
(3) Eligible personal wireless service facility.--The term
``eligible personal wireless service facility'' means any
antenna, apparatus, or transmitting device, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, for the provision of a personal wireless service.
(4) Personal wireless services.--The term ``personal
wireless services''--
(A) has the meaning given such term in section
332(c)(7)(C) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(C)); and
(B) also includes 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)).
(5) State.--The term ``State'' means the 50 States, the
District of Columbia, the territories and possessions of the
United States, and each federally recognized Indian Tribe.
SEC. 210. BROADBAND COMPETITION AND EFFICIENT DEPLOYMENT.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered project.--The term ``covered project'' means a
project--
(A) for the placement, construction, or
modification of a telecommunications service facility
in or on eligible support infrastructure; and
(B) for which a permit, license, or approval from
the Commission is required or that is otherwise subject
to the jurisdiction of the Commission.
(3) 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.
(4) State.--The term ``State'' means the 50 States, the
District of Columbia, the territories and possessions of the
United States, and each federally recognized Indian Tribe.
(5) 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).
(6) Telecommunications service facility.--The term
``telecommunications service facility'' means a facility for
the provision of any interstate or intrastate
telecommunications service.
SEC. 211. WIRELESS RESILIENCY AND FLEXIBLE INVESTMENT.
(a) In General.-- Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amended--
(1) in paragraph (1), by striking ``eligible facilities
request for a modification of an existing wireless tower or
base station that does not substantially change the physical
dimensions of such tower or base station'' and inserting
``complete 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 tower, base station, or eligible support
structure'';
(2) by amending paragraph (2) to read as follows:
``(2) Time frame.--
``(A) In general.--Not later than 60 days after the
date on which a State or local government receives a
complete eligible facilities request described under
paragraph (1), the State or local government shall
approve such request.
``(B) Deemed approval.--If a State or local
government does not approve an eligible facilities
request by the date required under subparagraph (A),
the request is deemed approved on the day after such
date.
``(C) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this paragraph, an eligible
facilities request to a State or local
government shall be considered complete
if the requesting party has not
received a written notice from the
State or local government within 10
business days after the date on which
the request is received by the State or
local government--
``(aa) stating that all the
information (including any form
or other document) required by
the State or local government
to be submitted for the request
to be considered complete has
not been submitted; and
``(bb) identifying the
information required to be
submitted that was not
submitted.
``(II) Definition.--In this clause,
the term `received by the State or
local government' means--
``(aa) in the case of an
eligible facilities request
submitted electronically, on
the date on which the request
is transmitted;
``(bb) in the case of an
eligible facilities request
submitted in person, on the
date on which the request is
delivered to the individual or
at the location specified by
the State or local government
for in-person submission; and
``(cc) in the case of an
eligible facilities 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.
``(ii) When complete request considered
received.--For the purposes of this paragraph,
a complete eligible facilities request shall be
considered received on the date on which the
requesting party submits to the State or local
government all information (including any form
or other document) required by the State or
local government to be submitted for the
request to be considered complete.''; and
(3) by adding at the end the following:
``(4) Definitions.--In this subsection:
``(A) Eligible facilities request.--The term
`eligible facilities request' means any request for
modification of an existing wireless tower, base
station, or eligible support structure that involves--
``(i) collocation of new transmission
equipment;
``(ii) removal of transmission equipment;
``(iii) replacement of transmission
equipment; or
``(iv) placement, modification, or
construction 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 other eligible support
structure; or
``(cc) providing more
reliable connection capability
using the wireless tower, base
station, or eligible support
structure.
``(B) Eligible support structure.--The term
`eligible support structure' means a structure that
supports a personal wireless service facility at the
time at which the eligible facilities request is made.
``(C) Personal wireless service facility.--The term
`personal wireless service facility' means a facility
necessary for the provision of--
``(i) commercial mobile service;
``(ii) commercial mobile data service (as
that term is 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.''.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue final rules implementing subsection (a), and the amendments made
by such subsection.
SEC. 212. BROADBAND RESILIENCY AND FLEXIBLE INVESTMENT.
(a) In General.--Section 6409(a) of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amended--
(1) in paragraph (1), by striking ``any eligible facilities
request'' and inserting the following: ``any complete--
``(A) 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
tower, base station, or eligible support structure; and
``(B) eligible telecommunications facilities
request for a modification of any existing
telecommunications service facility in or on an
eligible support infrastructure that does not
substantially change the physical dimensions of such
facility.'';
(2) by amending paragraph (2) to read as follows:
``(2) Time frame.--
``(A) In general.--Not later than 60 days after the
date on which a State or local government receives a
complete request described under paragraph (1), the
State or local government shall approve such request.
``(B) Deemed approval.--If a State or local
government does not approve a request by the date
required under subparagraph (A), the request is deemed
approved on the day after such date.
``(C) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this paragraph, a request to a State
or local government shall be considered
complete if the requesting party has
not received a written notice from the
State or local government within 10
business days after the date on which
the request is received by the State or
local government--
``(aa) stating that all the
information (including any form
or other document) required by
the State or local government
to be submitted for the request
to be considered complete has
not been submitted; and
``(bb) identifying the
information required to be
submitted that was not
submitted.
``(II) Definition.--In this clause,
the term `received by the State or
local government' means--
``(aa) in the case of a
request submitted
electronically, on the date on
which the request is
transmitted;
``(bb) 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 State or local government
for in-person submission; and
``(cc) 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.
``(ii) When complete request considered
received.--For the purposes of this paragraph,
a complete request shall be considered received
on the date on which the requesting party
submits to the State or local government all
information (including any form or other
document) required by the State or local
government to be submitted for the request to
be considered complete.''; and
(3) by adding at the end the following:
``(4) Definitions.--In this subsection:
``(A) Eligible facilities request.--The term
`eligible facilities request' means any request for
modification of an existing wireless tower, base
station, or eligible support structure that involves--
``(i) collocation of new transmission
equipment;
``(ii) removal of transmission equipment;
``(iii) replacement of transmission
equipment; or
``(iv) placement, modification, or
construction 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 other eligible support
structure; or
``(cc) providing more
reliable connection capability
using the wireless tower, base
station, or other eligible
support structure.
``(B) Eligible telecommunications facilities
request.--The term `eligible telecommunications
facilities request' means any request for modification
of an existing telecommunications service facility in
or on an eligible support infrastructure 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.
``(C) 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.
``(D) Eligible support structure.--The term
`eligible support structure' means a structure that
supports a personal wireless service facility at the
time at which the eligible facilities request is made.
``(E) Personal wireless service facility.--The term
`personal wireless service facility' means a facility
necessary for the provision of--
``(i) commercial mobile service;
``(ii) commercial mobile data service (as
that term is 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.
``(F) Telecommunications service facility.--The
term `telecommunications service facility' means a
facility for the provision of any interstate or
intrastate telecommunications service.''.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue final rules implementing subsection (a), and the amendments made
by such subsection.
SEC. 213. PROPORTIONAL REVIEWS FOR BROADBAND DEPLOYMENT.
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.--An eligible facilities
request shall not be subject to the requirements of
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 shall not be
considered an undertaking under section 300320 of title
54, United States Code.''.
SEC. 214. PROTECTING CRITICAL INFRASTRUCTURE.
(a) In General.--Title V of the Communications Act of 1934 (47
U.S.C. 501 et seq.) is amended by adding after section 501, the
following new section:
``Sec. 501A. Enhanced general penalty
``(a) Offenses.--Whoever, during and in relation to a violation
enumerated in section 501, willfully or maliciously destroys any
communications facility, in addition to the punishment provided for a
violation that includes imprisonment, be sentenced to a term of
imprisonment of 2 years.
``(b) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court may not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (3), a term of
imprisonment imposed on a person under this section may not run
concurrently with any other term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the violation of this section; and
``(3) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section, if
the discretion is exercised in accordance with applicable
guidelines and policy statements issued by the Sentencing
Commission pursuant to section 994 of title 28, United States
Code.
``(c) Communications Facility Defined.--In this section, the term
`communications facility' includes--
``(1) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted unlicensed
wireless or wireline transmission of writings, signs, signals,
data, images, pictures, and sounds of all kinds; and
``(2) any antenna or apparatus that--
``(A) is designed for the purpose of emitting radio
frequency;
``(B) is designed to be operated, or is operating,
from a fixed location pursuant to authorization by the
Commission or is using duly authorized devices that do
not require individual licenses; and
``(C) is added to a tower, building, or other
structure.''.
SEC. 215. REDUCING ANTIQUATED PERMITTING FOR INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Personal wireless service.--The term ``personal
wireless service'' means--
(A) commercial mobile service (as defined in
section 332(d) of the Communications Act of 1934 (47
U.S.C. 332(d)));
(B) 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));
(C) unlicensed wireless service; and
(D) common carrier wireless exchange access
service.
(2) Personal wireless service facility.--The term
``personal wireless service facility'' means a facility for the
provision of personal wireless service.
(3) Small personal wireless service facility.--The term
``small personal wireless service facility''--
(A) means a personal wireless service facility in
which each antenna is not more than 3 cubic feet in
volume; and
(B) does not include a wireline backhaul facility.
(4) 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.
(b) In General.--The deployment of a small personal wireless
service facility shall not constitute an undertaking under section
300320 of title 54, United States Code, or a major Federal action for
the purposes of section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(c) Rebuttable Presumption.--
(1) In general.--If a federally recognized Indian Tribe or
Native Hawaiian Organization is shown to have received a
complete Form 620 or Form 621 (or any successor form), or can
be reasonably expected to have received a complete Form 620 or
Form 621 (or any successor form), and has not acted on a
complete request contained in the form within 45 days after
such receipt--
(A) the Commission and a court of competent
jurisdiction (as the case may be) shall presume the
applicant has made a good faith effort to provide the
information reasonably necessary for federally
recognized Indian Tribes and Native Hawaiian
Organizations to ascertain whether historic properties
of religious and cultural significance to them may be
affected by the undertaking; and
(B) the federally recognized Indian Tribe or Native
Hawaiian Organization (as the case may be) shall be
presumed to have disclaimed interest in the
application.
(2) Overcoming presumption.--
(A) In general.--Federally recognized Indian Tribe
or Native Hawaiian Organization may overcome the
presumption under paragraph (1) upon favorably
demonstrating one or more of the factors to be
considered under subparagraph (B).
(B) Factors considered.--The review by the
Commission or a court of competent jurisdiction under
paragraph (1) shall give substantial weight to--
(i) whether the applicant made a reasonable
attempt to follow up with the federally
recognized Indian Tribe or Native Hawaiian
Organization not earlier than 30 days, and not
later than 50 days, after the applicant
submitted a complete Form 620 or Form 621 (as
the case may be) to the federally recognized
Indian Tribe or Native Hawaiian Organization;
and
(ii) whether the rules of the Commission
and Form 620 or Form 621 is found to be in
violation of a Nationwide Programmatic
Agreement of the Commission.
SEC. 216. COASTAL BROADBAND DEPLOYMENT.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, signs, signals, data, images,
pictures, or sounds of all kinds;
(B) any transmitting device, tower, or support
structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets,
associated with the provision of communications
service; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location; and
(iii) is added to a tower, building, or
other structure.
(3) Communications service.--The term ``communications
service'' means a service for the transmission of writing,
signs, signals, data, images, pictures, or sounds of all kinds.
(4) Covered project.--The term ``covered project'' means a
project--
(A) 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
(B) for which a permit, license, or approval from
the Commission is required or that is otherwise subject
to the jurisdiction of the Commission.
SEC. 217. BROWNFIELDS BROADBAND DEPLOYMENT.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, signs, signals, data, images,
pictures, or sounds of all kinds;
(B) any transmitting device, tower, or support
structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets,
associated with the provision of communications
service; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location; and
(iii) is added to a tower, building, or
other structure.
(3) Communications service.--The term ``communications
service'' means a service for the transmission of writing,
signs, signals, data, images, pictures, or sounds of all kinds.
(4) Covered project.--The term ``covered project'' means a
project--
(A) 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
(B) for which a permit, license, or approval from
the Commission is required or that is otherwise subject
to the jurisdiction of the Commission.
SEC. 218. TRUSTED BROADBAND NETWORKS.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Covered Project Defined.--In this section, the term ``covered
project'' means 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 that are not covered
communications equipment or services (as so defined).
SEC. 219. CONNECTING COMMUNITIES POST DISASTER.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, signs, signals, data, images,
pictures, or sounds of all kinds;
(B) any transmitting device, tower, or support
structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets,
associated with the provision of communications
services; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location; and
(iii) is added to a tower, building, or
other structure.
(2) Communications service.--The term ``communications
service'' means a service for the transmission of writing,
signs, signals, data, images, pictures, or sounds of all kinds.
(3) Covered project.--The term ``covered project'' means a
project that--
(A) is to be carried out within an area for which
the President has declared a major disaster or an
emergency under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) is to be carried out not later than 5 years
after the date on which the President made such
declaration; and
(C) 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
future disasters or emergencies.
SEC. 220. WILDFIRE WIRELESS RESILIENCY.
(a) NEPA Exemption.--A covered project shall not be subject to the
requirements of 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.--A covered
project shall not be considered an undertaking under section 300320 of
title 54, United States Code.
(c) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, sign, signal, data, image,
picture, or sound of any kind;
(B) any transmitting device, tower, or support
structure, and any equipment, switch, wiring, cabling,
power source, shelter, or cabinet, associated with the
provision of communications services; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location; and
(iii) is added to a tower, building, or
other structure.
(2) Communications service.--The term ``communications
service'' means a service for the transmission of any writing,
sign, signal, data, image, picture, or sound of any kind.
(3) Covered project.--The term ``covered project'' means a
project that--
(A) is to be carried out entirely within an area
for which a Governor has declared a major disaster or
an emergency related to a wildfire;
(B) is to be carried out not later than 5 years
after the date the Governor made such declaration; and
(C) 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.
SEC. 221. STANDARD FEES.
(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) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Common Fee Schedule.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator of General Services shall establish a
common fee schedule for the processing of applications under
subsections (b)(1) and (c).
``(2) Fee guidelines.--The application fees established
under paragraph (1) shall be--
``(A) based on direct and actual cost recovery; and
``(B) competitively neutral with regard to other
users of the building or other property owned by the
Federal Government.
``(3) Exceptions.--The Administrator of General Services
may establish competitively neutral exceptions to the fee
amounts established under paragraph (1)--
``(A) in consideration of the public benefit
provided by a grant of an easement, right-of-way, or
lease; and
``(B) in the interest of expanding wireless and
broadband coverage.
``(4) Use of fees collected.--Any fee collected by an
executive agency under this section shall only be available to
the extent, and in such amounts, as are provided in advance in
appropriation Acts, to the agency to cover the costs of
granting the easement, right-of-way, or lease.''.
(b) Deadline.--The Administrator of General Services shall
establish the fee schedule required under section 6409(d) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)), as
added by subsection (a), not later than 30 days after the date of
enactment of this Act.
SEC. 222. EXPEDITING FEDERAL BROADBAND DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Committee on Natural Resources of the House
of Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate;
(D) the Committee on Environment and Public Works
of the Senate;
(E) the Committee on Agriculture of the House of
Representatives; and
(F) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission or is using
duly authorized devices that do not require
individual licenses; and
(iii) is added to a tower, building, or
other structure.
(4) Communications use.--The term ``communications use''
means the placement and operation of a communications facility.
(5) Communications use authorization.--The term
``communications use authorization'' means an easement, right-
of-way, lease, license, or other authorization to locate or
modify a communications facility on covered land by the
Department concerned for the primary purpose of authorizing the
occupancy and use of the covered land for communications use.
(6) Covered land.--The term ``covered land'' means--
(A) public land administered by the Secretary of
the Interior; and
(B) National Forest System land.
(7) Department concerned.--The term ``Department
concerned'' means the Department of the Interior or the
Department of Agriculture.
(8) Organization unit.--The term ``organizational unit''
means--
(A) with respect to public land administered by the
Secretary of the Interior--
(i) a State office;
(ii) a district office; or
(iii) a field office; and
(B) within the Forest Service--
(i) a regional office;
(ii) the headquarters;
(iii) a management unit; or
(iv) a ranger district office.
(9) Strike force.--The term ``Strike Force'' means the
interagency strike force established in subsection (b)(1).
(b) Strike Force.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Assistant Secretary shall
establish an interagency strike force to increase
prioritization by the Department concerned, senior management
of the Department concerned, or an organizational unit of
reviews for communications use authorizations.
(2) Duties.--In carrying out the prioritization under
paragraph (1), the Strike Force shall--
(A) conduct periodic calls between members of the
Strike Force relating to requests for communications
use authorizations; and
(B) monitor and facilitate accountability of the
Department concerned and organizational units to meet
objective and reasonable goals for the review of
requests for communications use authorizations.
(3) Members.--The Strike Force shall be composed of such
representatives of Departments concerned as the Assistant
Secretary considers appropriate, in addition to--
(A) the Assistant Secretary;
(B) a representative of the Department concerned;
(C) senior management of the Department concerned;
and
(D) the head of each organizational unit.
(4) Report to congress.--Not later than 270 days after the
date of enactment of this Act, the Strike Force shall submit to
the appropriate committees of Congress a report on the
effectiveness of the Strike Force in increasing the
prioritization of reviews for communications use authorization
requests.
SEC. 223. FEDERAL BROADBAND DEPLOYMENT IN UNSERVED AREAS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Committee on Natural Resources of the House
of Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate;
(D) the Committee on Environment and Public Works
of the Senate;
(E) the Committee on Agriculture of the House of
Representatives; and
(F) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switch, wiring, cabling, power source, shelter, or
cabinet, associated with the licensed or permitted
unlicensed wireless or wireline transmission of any
writing, sign, signal, data, image, picture, and sound
of any kind; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission or is using any
duly authorized device that does not require an
individual license; and
(iii) is added to a tower, building, or
other structure.
(4) Covered land.--The term ``covered land'' means land
managed by a Federal land management agency.
(5) Department concerned.--The term ``Department
concerned'' means the Department of the Interior or the
Department of Agriculture.
(6) Federal land management agency.--The term ``Federal
land management agency'' means--
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the National Park Service;
(D) the Fish and Wildlife Service; and
(E) the Bureau of Reclamation.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
land administered by such Secretary;
(B) the Secretary of Agriculture, with respect to
National Forest System land; and
(C) the Secretary of Commerce.
(b) Sharing Broadband Availability Data.--
(1) Notification.--Not later than 2 business days after the
creation or update of any map required under section 802(c)(1)
of the Communications Act of 1934 (47 U.S.C. 642(c)(1)), the
Commission shall notify the Secretary concerned that the map
has been created or updated.
(2) Provision of information.--Not later than 5 business
days after the date on which the Secretary concerned is
notified under paragraph (1), the Commission shall provide the
Secretary concerned any data the Commission has collected
pursuant to title VIII of the Communications Act of 1934 (47
U.S.C. 641 et seq.).
(3) Continuation.--The Commission shall provide the
Secretary concerned the information described in paragraph (2)
every 6 months unless the Commission no longer has such
information.
(4) Protection of information.--
(A) In general.--The Commission shall specify to
the Secretary concerned which information provided
under paragraph (2) was collected in a confidential or
proprietary manner, and the Secretary concerned may not
make such information publicly available.
(B) FOIA.--Information provided under paragraph (2)
is exempt from disclosure to the public under section
552(b)(3)(B) of title 5, United States Code.
(c) Working Group.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this section, the Commission and the Secretary
concerned shall establish an interagency working group to
facilitate the preparation and interoperability of information
technology systems for the provision and receipt of the
information described in subsection (b)(2).
(2) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
interagency working group established under paragraph (1).
(d) Reports.--
(1) Preliminary assessment of potential barriers.--Not
later 120 days after the date on which the interagency working
group is established pursuant to subsection (c)(1), the
Commission and the Secretary concerned shall jointly submit a
report to the appropriate committees of Congress with a
preliminary assessment of any potential barriers to sharing the
information described under subsection (b)(2).
(2) Assessments.--Not later than 1 year after the date on
which the Commission provides the information described under
subsection (b)(2) to the Department concerned, the Commission
and the Secretary concerned shall jointly submit a report to
the appropriate committees of Congress with--
(A) an assessment of the effectiveness of a user's
ability to locate broadband infrastructure on covered
land in an area to be determined as unserved by the
Commission on the basis of the maps created under
section 802(c) of the Communications Act of 1934 (47
U.S.C. 642(c)); and
(B) an assessment of whether the Department
concerned prioritized the review of applications for a
communications use authorization in an area to be
determined as unserved by the Commission on the basis
of the maps created under such section.
SEC. 224. FEDERAL BROADBAND DEPLOYMENT TRACKING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary shall submit to the
appropriate committees of Congress a report containing the elements
described in subsection (b).
(b) Elements Described.--The elements described in this subsection
are the following:
(1) A plan describing how the Assistant Secretary will
track the acceptance, processing, and disposal of a Form 299
submitted to the Secretary concerned by a requesting party.
(2) A description of how the Assistant Secretary would most
expeditiously implement the plan described in paragraph (1).
(3) A description of how the Assistant Secretary may
increase transparency to a requesting party on the status of a
Form 299 received by the Secretary concerned.
(4) A description of any barriers the Assistant Secretary
determines could delay the implementation of the plan described
in paragraph (1).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Agriculture of the House of
Representatives; and
(D) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Form 299.--The term ``Form 299'' means the form
developed pursuant to section 6409(b)(2)(A) of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1455(b)(2)(A)), or any successor form.
(4) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(5) Public land.--The term ``public land'' means land under
the management of--
(A) the Bureau of Land Management;
(B) the National Park Service;
(C) the United States Fish and Wildlife Service; or
(D) the Bureau of Reclamation.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
public land; and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
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