[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 278
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2025
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Barriers and Regulatory Obstacles
Avoids Deployment of Broadband Access and Needs Deregulatory Leadership
Act'' or the ``BROADBAND Leadership Act''.
SEC. 2. REMOVAL OF BARRIERS TO ENTRY.
Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is
amended to read as follows:
``SEC. 253. REMOVAL OF BARRIERS TO ENTRY.
``(a) In General.--No State or local statute or regulation, or
other State or local legal requirement, may prohibit or have the effect
of prohibiting the ability of any entity to provide or enhance the
provision of any interstate or intrastate telecommunications service.
``(b) Placement, Construction, or Modification of
Telecommunications Service Facilities.--
``(1) Prohibition on discrimination.--The regulation of the
placement, construction, or modification of a
telecommunications service facility by a State or local
government or instrumentality thereof may not discriminate--
``(A) among telecommunications service facilities--
``(i) based on the technology used to
provide services; or
``(ii) based on the services provided; or
``(B) against telecommunications service
facilities, as compared to the regulation of the
placement, construction, or modification of other
facilities.
``(2) Timeframe to grant or deny requests.--
``(A) In general.--A State or local government or
instrumentality thereof shall grant or deny a request
for authorization to place, construct, or modify a
telecommunications service facility not later than--
``(i) if the request is for authorization
to place, construct, or modify such facility in
or on eligible support infrastructure, 90 days
after the date on which the request is
submitted by the requesting party to the
government or instrumentality; or
``(ii) for any other action relating to
such facility, 150 days after the date on which
the request is submitted by the requesting
party to the government or instrumentality.
``(B) Applicability.--The applicable timeframe
under subparagraph (A) shall apply collectively to all
proceedings, including permits and authorizations,
required by a State or local government or
instrumentality thereof for the approval of the
request.
``(C) No moritoria.--A timeframe under subparagraph
(A) may not be tolled by any moratorium, whether
express or de facto, imposed by a State or local
government or instrumentality thereof on the
submission, acceptance, or consideration of requests
for authorization to place, construct, or modify a
telecommunications service facility.
``(D) Tolling due to incompleteness.--
``(i) Initial request incomplete.--If, not
later than 30 days after the date on which a
requesting party submits to a State or local
government or instrumentality thereof a request
for authorization to place, construct, or
modify a telecommunications service facility,
the government or instrumentality provides to
the requesting party a written notice described
in clause (iii) with respect to the request,
the timeframe described in subparagraph (A) is
tolled with respect to the request until the
date on which the requesting party submits to
the government or instrumentality a
supplemental submission in response to the
notice.
``(ii) Supplemental submission
incomplete.--If, not later than 10 days after
the date on which a requesting party submits to
a State or local government or instrumentality
thereof a supplemental submission in response
to a written notice described in clause (iii),
the government or instrumentality provides to
the requesting party a written notice described
in clause (iii) with respect to the
supplemental submission, the timeframe under
subparagraph (A) is further tolled until the
date on which the requesting party submits to
the government or instrumentality a subsequent
supplemental submission in response to the
notice.
``(iii) Written notice described.--The
written notice described in this clause is,
with respect to a request described in
subparagraph (A) or a supplemental submission
described in clause (i) or (ii) submitted to a
State or local government or instrumentality
thereof by a requesting party, a written notice
from the government or instrumentality to the
requesting party--
``(I) stating that all of the
information (including any form or
other document) required by the
government or instrumentality to be
submitted for the request to be
considered complete has not been
submitted;
``(II) identifying the information
described in subclause (I) that was not
submitted; and
``(III) including a citation to a
specific provision of a publicly
available rule, regulation, or standard
issued by the government or
instrumentality requiring that such
information be submitted with such a
request.
``(iv) Limitation on subsequent written
notice.--If a written notice provided by a
State or local government or instrumentality
thereof to a requesting party under clause (ii)
with respect to a supplemental submission
identifies as not having been submitted any
information that was not identified as not
having been submitted in the prior written
notice under this subparagraph in response to
which the supplemental submission was
submitted, the subsequent written notice shall
be treated as not having been provided to the
requesting party.
``(E) Tolling by mutual agreement.--The timeframe
under subparagraph (A) may be tolled by mutual
agreement between the State or local government or
instrumentality thereof and the requesting party.
``(3) Deemed granted.--
``(A) In general.--If a State or local government
or instrumentality thereof has neither granted nor
denied a request within the applicable timeframe under
paragraph (2), the request shall be deemed granted on
the date on which the government or instrumentality
receives a written notice of the failure to grant or
deny from the requesting party.
``(B) Rule of construction.--In the case of a
request that is deemed granted under subparagraph (A),
the placement, construction, or modification requested
in such request shall be considered to be authorized,
without any further action by the government or
instrumentality, beginning on the date on which such
request is deemed granted under such subparagraph.
``(4) Written decision and record.--A decision by a State
or local government or instrumentality thereof to deny a
request to place, construct, or modify a telecommunications
service facility shall be--
``(A) in writing;
``(B) supported by substantial evidence contained
in a written record; and
``(C) publicly released, and provided to the
requesting party, on the same day such decision is
made.
``(5) Fees.--
``(A) In general.--To the extent permitted by law,
a State or local government or instrumentality thereof
may charge a fee that meets the requirements under
subparagraph (B)--
``(i) to consider a request for
authorization to place, construct, or modify a
telecommunications service facility; or
``(ii) for use of a right-of-way or a
facility in a right-of-way owned or managed by
the government or instrumentality for the
placement, construction, or modification of a
telecommunications service facility.
``(B) Requirements.--A fee charged under
subparagraph (A) shall be--
``(i) competitively neutral, technology
neutral, and nondiscriminatory;
``(ii) established in advance and publicly
disclosed;
``(iii) calculated--
``(I) based on actual and direct
costs for--
``(aa) review and
processing of requests; and
``(bb) repairs and
replacement of--
``(AA) components
and materials directly
resulting from and
affected by the
placement,
construction, or
modification (including
the installation or
improvement) of
telecommunications
service facilities; or
``(BB) equipment
that facilitates the
placement,
construction, or
modification (including
the installation or
improvement) of such
facilities; and
``(II) using, for purposes of
subclause (I), only costs that are
objectively reasonable; and
``(iv) described to a requesting party in a
manner that distinguishes between--
``(I) nonrecurring fees and
recurring fees; and
``(II) the use of facilities on
which telecommunications service
facilities or infrastructure for
compatible uses are already located and
facilities on which there are no
telecommunications service facilities
or infrastructure for compatible uses
as of the date on which the request is
submitted by the requesting party to
the government or instrumentality.
``(c) Judicial Review.--
``(1) In general.--A person adversely affected by a State
or local statute, regulation, or other legal requirement, or by
a final action or failure to act by a State or local government
or instrumentality thereof, that is inconsistent with this
section may commence an action in any court of competent
jurisdiction.
``(2) Timing.--
``(A) Expedited basis.--A court shall hear and
decide an action commenced under paragraph (1) on an
expedited basis.
``(B) Final action or failure to act.--An action
may only be commenced under paragraph (1) on the basis
of a final action or failure to act by a State or local
government or instrumentality thereof, if commenced not
later than 30 days after such action or failure to act.
``(d) Preservation of State Regulatory Authority.--Nothing in this
section shall affect the ability of a State to impose, on a
competitively neutral and nondiscriminatory basis and consistent with
section 254, requirements necessary to preserve and advance universal
service, protect the public safety and welfare, ensure the continued
quality of telecommunications services, and safeguard the rights of
consumers.
``(e) Preservation of State and Local Government Authority.--
Nothing in this section affects the authority of a State or local
government or instrumentality thereof to manage, on a competitively
neutral and nondiscriminatory basis, the public rights-of-way or to
require, on a competitively neutral and nondiscriminatory basis, fair
and reasonable compensation from telecommunications providers for use
of public rights-of-way, if the compensation required meets the
requirements of subsection (b)(5).
``(f) Preemption.--
``(1) In general.--If, after notice and an opportunity for
public comment, the Commission determines that a State or local
government or instrumentality thereof has permitted or imposed
a statute, regulation, or legal requirement that violates or is
inconsistent with this section, the Commission shall preempt
the enforcement of such statute, regulation, or legal
requirement to the extent necessary to correct such violation
or inconsistency.
``(2) Timing.--Not later than 120 days after receiving a
petition for preemption of the enforcement of a statute,
regulation, or legal requirement as described in paragraph (1),
the Commission shall grant or deny the petition.
``(g) Commercial Mobile Service Providers; Cable Operators.--
Nothing in this section shall affect the application of section
332(c)(3) to commercial mobile service providers or section 621 to
cable operators.
``(h) Rural Markets.--It shall not be a violation of this section
for a State to require a telecommunications carrier that seeks to
provide telephone exchange service or exchange access in a service area
served by a rural telephone company to meet the requirements in section
214(e)(1) for designation as an eligible telecommunications carrier for
that area before being permitted to provide such service. This
subsection shall not apply--
``(1) to a service area served by a rural telephone company
that has obtained an exemption, suspension, or modification of
section 251(c)(4) that effectively prevents a competitor from
meeting the requirements of section 214(e)(1); and
``(2) to a provider of commercial mobile services.
``(i) When Request Considered Submitted.--For the purposes of this
section, a request to a State or local government or instrumentality
thereof shall be considered submitted on the date on which the
requesting party takes the first procedural step within the control of
the requesting party--
``(1) to submit such request in accordance with the
procedures established by the government or instrumentality for
the review and approval of such a request; or
``(2) in the case of a government or instrumentality that
has not established specific procedures for the review and
approval of such a request, to submit to the government or
instrumentality the type of filing that is typically required
to initiate a standard review for a similar facility or
structure.
``(j) Definitions.--In this section:
``(1) Eligible support infrastructure.--The term `eligible
support infrastructure' means infrastructure that supports or
houses a telecommunications service facility (or that is
designed for or capable of supporting or housing such a
facility) at the time when a request to a State or local
government or instrumentality thereof for authorization to
place, construct, or modify a telecommunications service
facility in or on the infrastructure is submitted by the
requesting party to the government or instrumentality.
``(2) Telecommunications service facility.--The term
`telecommunications service facility'--
``(A) means a facility that is designed or used to
provide or facilitate the provision of any interstate
or intrastate telecommunications service; and
``(B) includes a facility described in subparagraph
(A) that is used to provide other services.''.
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