Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018
This bill amends the Communications Act of 1934 to exempt certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a communications facility, and replacement of a communications facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4842 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4842
To amend the Communications Act of 1934 to provide that the Federal
Communications Commission is not required to perform any review under
the National Environmental Policy Act of 1969 or division A of subtitle
III of title 54, United States Code, as a condition of permitting the
placement and installation of a communications facility, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 18, 2018
Mr. Shimkus introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Natural Resources, 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 amend the Communications Act of 1934 to provide that the Federal
Communications Commission is not required to perform any review under
the National Environmental Policy Act of 1969 or division A of subtitle
III of title 54, United States Code, as a condition of permitting the
placement and installation of a communications facility, 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 ``Streamlining Permitting to Enable
Efficient Deployment of Broadband Infrastructure Act of 2018''.
SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.
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. 13. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Federal Lands.
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