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H.R. 3435, American Broadband Act

Summary

House bill 3435, the American Broadband Act, was introduced May 20, 2021 by Mrs. RODGERS of Washington (for herself and Mr. LATTA) and referred to the Committee on Energy and Commerce, with additional committees named in the heading. It is a bill to establish a broadband expansion grant program, to streamline the permitting process for fixed and mobile broadband services, and for other purposes. The table of contents lists Title I, Broadband Expansion, with sections on a broadband expansion grant program and a mobile broadband expansion grant program, and Title II, Boosting Broadband Connectivity, with sections including wireless leadership, cable competition and streamlining permitting.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117Hr3435Ih Bills 117Hr3435Ih
Case
Bills Bills 117Hr3435Ih Bills 117Hr3435Ih

Cite this document

“H.R. 3435, American Broadband Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr3435ih-bills-117hr3435ih/, SHA-256 5841989be1e4c54e3b3814a65361b68c72640c54fad794179a299c0b0e1daff9.

Full text

                                                                                                                                                                         I




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                            H. R. 3435
                                                                     To establish a broadband expansion grant program, to streamline the permit-
                                                                         ting 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 fol-
                                                                         lowing bill; which was referred to the Committee on Energy and Com-
                                                                         merce, and in addition to the Committees on Natural Resources, and Ag-
                                                                         riculture, for a period to be subsequently determined by the Speaker, in
                                                                         each case for consideration of such provisions as fall within the jurisdic-
                                                                         tion 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.

                                                                        1               Be it enacted by the Senate and House of Representa-
                                                                        2 tives of the United States of America in Congress assembled,
                                                                        3        SECTION 1. SHORT TITLE.

                                                                        4               This Act may be cited as the ‘‘American Broadband
                                                                        5 Act’’.




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                                                                        6        SEC. 2. TABLE OF CONTENTS.

                                                                        7               The table of contents for this Act is as follows:


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                                                                                 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.

                                                                        1                         TITLE I—BROADBAND
                                                                        2                             EXPANSION
                                                                        3        SEC. 101. BROADBAND EXPANSION GRANT PROGRAM.

                                                                        4               (a) NOTIFICATION OF CREATION OF BROADBAND
                                                                        5 MAPS; DATA SHARING.—
                                                                        6                        (1) IN GENERAL.—Not later than 3 business
                                                                        7               days after creating the maps required under section




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                                                                        8               802(c)(1) of the Communications Act of 1934 (47
                                                                        9               U.S.C. 642(c)(1)), the Commission shall notify the

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                                                                        1              Assistant Secretary that such maps have been cre-
                                                                        2              ated.
                                                                        3                       (2) DATA SHARING.—Not less frequently than
                                                                        4              annually, the Commission shall, through the process
                                                                        5              established under section 802(b)(7) of the Commu-
                                                                        6              nications Act of 1934 (47 U.S.C. 642(b)(7)), provide
                                                                        7              the Assistant Secretary any data collected by the
                                                                        8              Commission pursuant to title VIII of such Act.
                                                                        9              (b) BROADBAND GRANT PROGRAM.—
                                                                     10                         (1) ESTABLISHMENT OF GRANT PROGRAM; NO-
                                                                     11                TICE OF FUNDING OPPORTUNITY.—The                                                 Assistant
                                                                     12                Secretary shall, not later than 1 year after the As-
                                                                     13                sistant Secretary is notified as described in sub-
                                                                     14                section (a)(1)—
                                                                     15                                  (A) establish a program to make grants on
                                                                     16                         a competitive basis, from amounts made avail-
                                                                     17                         able to carry out this section, to covered part-
                                                                     18                         nerships for covered broadband projects; and
                                                                     19                                  (B) publish a Notice of Funding Oppor-
                                                                     20                         tunity in the Federal Register that includes in-
                                                                     21                         formation about such program, including any
                                                                     22                         requirement established by this section.
                                                                     23                         (2) LIMITATION.—The Assistant Secretary may
                                                                     24                not make a grant under this section before the date



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                                                                     25                that is 1 year after the date on which the Assistant


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                                                                        1              Secretary is notified as described in subsection
                                                                        2              (a)(1).
                                                                        3                       (3) COORDINATION.—In making a grant award
                                                                        4              under paragraph (1), in order to avoid overbuilding
                                                                        5              in areas where Federal funds have already been
                                                                        6              awarded, the Assistant Secretary shall coordinate
                                                                        7              with—
                                                                        8                                (A) the Chairman of the Commission;
                                                                        9                                (B) the Secretary of Agriculture; and
                                                                     10                                  (C) the Assistant Secretary of Commerce
                                                                     11                         for Economic Development.
                                                                     12                         (4) ELIGIBILITY REQUIREMENTS.—
                                                                     13                                  (A) IN GENERAL.—To be eligible for a
                                                                     14                         grant under this section, a covered partnership
                                                                     15                         shall submit an application at such time, in
                                                                     16                         such manner, and containing such information
                                                                     17                         as the Assistant Secretary may require, but the
                                                                     18                         application shall, at a minimum, include a de-
                                                                     19                         scription of—
                                                                     20                                          (i) the covered partnership submitting
                                                                     21                                  the application under this subsection;
                                                                     22                                          (ii) the covered broadband project to
                                                                     23                                  be funded by the grant, including the
                                                                     24                                  speed or speeds at which the covered part-



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                                                                        1                                nership plans to offer broadband service
                                                                        2                                under the project;
                                                                        3                                        (iii) the cost of the covered broadband
                                                                        4                                project to be funded by the grant, includ-
                                                                        5                                ing—
                                                                        6                                                 (I) a description of how the re-
                                                                        7                                        quired construction will be funded;
                                                                        8                                                 (II) all estimated project costs
                                                                        9                                        for all facilities that are required to
                                                                     10                                          complete the project, including the
                                                                     11                                          costs of upgrading, replacing, or oth-
                                                                     12                                          erwise modifying the existing facilities
                                                                     13                                          to expand coverage or meet perform-
                                                                     14                                          ance requirements;
                                                                     15                                                   (III) a description of how grant
                                                                     16                                          funds will be used in combination with
                                                                     17                                          other funds to support the broadband
                                                                     18                                          service project;
                                                                     19                                                   (IV) in the case of a broadband
                                                                     20                                          service project that will be partially
                                                                     21                                          supported by loans, financial projec-
                                                                     22                                          tions demonstrating that the covered
                                                                     23                                          partnership can cover the necessary
                                                                     24                                          debt service payments over the life of



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                                                                     25                                          any loan; and


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                                                                        1                                                 (V) financial projections dem-
                                                                        2                                        onstrating that the covered partner-
                                                                        3                                        ship will remain financially stable at
                                                                        4                                        the conclusion of the grant award;
                                                                        5                                        (iv) the area to be served by the cov-
                                                                        6                                ered broadband project (in this section re-
                                                                        7                                ferred to as the ‘‘proposed service area’’);
                                                                        8                                        (v) how the State, political subdivi-
                                                                        9                                sion, or political subdivisions in the covered
                                                                     10                                  partnership                chose         which           provider   of
                                                                     11                                  broadband service to enter into a partner-
                                                                     12                                  ship with for the purposes of applying for
                                                                     13                                  a grant under this section; and
                                                                     14                                          (vi) any support provided to the pro-
                                                                     15                                  vider of broadband service that is in the
                                                                     16                                  covered partnership through—
                                                                     17                                                   (I) any grant, loan, or loan guar-
                                                                     18                                          antee provided by a State to the pro-
                                                                     19                                          vider of broadband service for the de-
                                                                     20                                          ployment of broadband service in the
                                                                     21                                          proposed service area;
                                                                     22                                                   (II) any grant, loan, or loan
                                                                     23                                          guarantee with respect to the pro-
                                                                     24                                          posed service area provided by the



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                                                                     25                                          Secretary of Agriculture under title


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                                                                        1                                        VI of the Rural Electrification Act of
                                                                        2                                        1936 (7 U.S.C. 950bb et seq.), includ-
                                                                        3                                        ing the Broadband Grants, Loans,
                                                                        4                                        and Loan Guarantees program, the
                                                                        5                                        Community Connect Programs, and
                                                                        6                                        the ReConnect Pilot Program;
                                                                        7                                                 (III) any high-cost universal serv-
                                                                        8                                        ice support provided under section
                                                                        9                                        254 of the Communications Act of
                                                                     10                                          1934 (47 U.S.C. 254);
                                                                     11                                                   (IV) any grant provided under
                                                                     12                                          section 6001 of the American Recov-
                                                                     13                                          ery and Reinvestment Act of 2009 (47
                                                                     14                                          U.S.C. 1305);
                                                                     15                                                   (V) the Education Stabilization
                                                                     16                                          Fund under title VIII of division B of
                                                                     17                                          the CARES Act (Public Law 116–
                                                                     18                                          136);
                                                                     19                                                   (VI) any grant, loan, or loan
                                                                     20                                          guarantee provided by the Federal
                                                                     21                                          Government                  for      the        provision   of
                                                                     22                                          broadband service; or
                                                                     23                                                   (VII)             any     legally         enforceable
                                                                     24                                          broadband deployment obligations to



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                                                                     25                                          which the provider of broadband serv-


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                                                                        1                                        ice is subject in the eligible service
                                                                        2                                        area.
                                                                        3                                (B) REQUIREMENT TO STREAMLINE PER-
                                                                        4                       MITTING PROCESS.—

                                                                        5                                        (i) IN GENERAL.—In order for a cov-
                                                                        6                                ered partnership to be eligible for a grant
                                                                        7                                under this section each covered entity may
                                                                        8                                only charge a fee to consider an applica-
                                                                        9                                tion for the placement, construction, or
                                                                     10                                  modification of a facility for the provision
                                                                     11                                  of broadband service, personal wireless
                                                                     12                                  services, or telecommunications service in
                                                                     13                                  the proposed service area or an application
                                                                     14                                  to use a right-of-way or a facility in a
                                                                     15                                  right-of-way owned or managed by that en-
                                                                     16                                  tity for the placement, construction, or
                                                                     17                                  modification of a facility for the provision
                                                                     18                                  of any such service in the proposed service
                                                                     19                                  area, if the fee for considering such appli-
                                                                     20                                  cation is—
                                                                     21                                                   (I) nondiscriminatory;
                                                                     22                                                   (II) publicly disclosed; and
                                                                     23                                                   (III) based on actual and direct
                                                                     24                                          costs, such as costs for the review and



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                                                                     25                                          processing of such applications.


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                                                                        1                                        (ii) COVERED ENTITY DEFINED.—In
                                                                        2                                this paragraph, the term ‘‘covered entity’’
                                                                        3                                means—
                                                                        4                                                 (I) an entity in the partnership
                                                                        5                                        that is a State or political subdivision
                                                                        6                                        of a State; and
                                                                        7                                                 (II) a political subdivision in
                                                                        8                                        which all or part of the proposed serv-
                                                                        9                                        ice area is located.
                                                                     10                         (5) PRIORITY.—In awarding grants under this
                                                                     11                section, the Assistant Secretary shall give priority to
                                                                     12                applications for covered broadband projects as fol-
                                                                     13                lows (in decreasing order of priority):
                                                                     14                                  (A) Covered broadband projects designed
                                                                     15                         to provide broadband service to the greatest
                                                                     16                         number of households in an eligible service
                                                                     17                         area.
                                                                     18                                  (B) Covered broadband projects designed
                                                                     19                         to provide broadband service in an eligible serv-
                                                                     20                         ice area that is wholly within any area other
                                                                     21                         than—
                                                                     22                                          (i) a county, city, or town that has a
                                                                     23                                  population of greater than 50,000 inhab-
                                                                     24                                  itants; and



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                                                                        1                                        (ii) the urbanized area contiguous and
                                                                        2                                adjacent to such a city or town.
                                                                        3                                (C) Covered broadband projects that are
                                                                        4                       most cost-effective, prioritizing such areas that
                                                                        5                       are most rural.
                                                                        6                                (D) Covered broadband projects designed
                                                                        7                       to provide broadband service with a download
                                                                        8                       speed of at least 100 megabits per second and
                                                                        9                       an upload speed of at least 20 megabits per sec-
                                                                     10                         ond.
                                                                     11                                  (E) Any other covered broadband project
                                                                     12                         that meets the requirements of this section.
                                                                     13                         (6) FEDERAL CONTRIBUTION.—The amount of
                                                                     14                any grant provided to a covered partnership under
                                                                     15                this section may not exceed 75 percent of the total
                                                                     16                cost of the covered broadband project.
                                                                     17                         (7) GRANT CONDITIONS.—
                                                                     18                                  (A) REQUIREMENTS.—As a condition of
                                                                     19                         receiving a grant under this section for a cov-
                                                                     20                         ered broadband project that involves placing fa-
                                                                     21                         cilities along a roadway, the Assistant Secretary
                                                                     22                         shall require the covered partnership receiving
                                                                     23                         the grant to include consistent access points to
                                                                     24                         allow access to such facilities, in accordance



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                                                                     25                         with any best practices established by the Com-


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                                                                        1                       mission regarding the placement of conduit ac-
                                                                        2                       cess points.
                                                                        3                                (B) PROHIBITIONS.—As a condition of re-
                                                                        4                       ceiving a grant under this section, the Assistant
                                                                        5                       Secretary shall prohibit—
                                                                        6                                        (i) a provider of broadband service
                                                                        7                                that is in the covered partnership receiving
                                                                        8                                the grant under this section—
                                                                        9                                                 (I) from using grant amounts
                                                                     10                                          provided under this section to repay,
                                                                     11                                          or make any other payment relating
                                                                     12                                          to, a loan made by any public or pri-
                                                                     13                                          vate lender;
                                                                     14                                                   (II) from using grant amounts
                                                                     15                                          provided under this section as collat-
                                                                     16                                          eral for a loan made by any public or
                                                                     17                                          private lender; and
                                                                     18                                                   (III)        from          using         more   than
                                                                     19                                          $75,000 of grant amounts provided
                                                                     20                                          under this section to pay for the prep-
                                                                     21                                          aration of an application for a grant
                                                                     22                                          under this section; and
                                                                     23                                          (ii) a State, or a political subdivision
                                                                     24                                  of the State, that is in the covered partner-



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                                                                     25                                  ship receiving the grant under this section


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                                                                        1                                from, after accepting a grant under this
                                                                        2                                section offering broadband service.
                                                                        3                                (C) NONDISCRIMINATION.—The Assistant
                                                                        4                       Secretary may not require a provider of
                                                                        5                       broadband service that is in an eligible partner-
                                                                        6                       ship to be designated as an eligible tele-
                                                                        7                       communications carrier pursuant to section
                                                                        8                       214(e) of the Communications Act of 1934 (47
                                                                        9                       U.S.C. 214(e)) to be eligible to receive a grant
                                                                     10                         under this section or as a condition of receiving
                                                                     11                         a grant under this section.
                                                                     12                         (8) BUILD-OUT, NOTIFICATION, AND ACCOUNT-
                                                                     13                ABILITY REQUIREMENT.—

                                                                     14                                  (A) IN           GENERAL.—The                          Assistant Sec-
                                                                     15                         retary shall establish build-out, accountability,
                                                                     16                         and (in accordance with paragraph (8)) report-
                                                                     17                         ing requirements for covered partnerships that
                                                                     18                         receive grants under this section, including, for
                                                                     19                         each covered partnership that receives a grant
                                                                     20                         under this section, milestones for the deploy-
                                                                     21                         ment of broadband service under the covered
                                                                     22                         broadband project funded by the grant.
                                                                     23                                  (B)         NOTIFICATION                   TO          COMMISSION.—

                                                                     24                         Upon establishing a build-out, accountability, or



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                                                                     25                         reporting requirement under subparagraph (A),


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                                                                        1                       the Assistant Secretary shall transmit to the
                                                                        2                       Commission a notification describing such re-
                                                                        3                       quirement.
                                                                        4                                (C) PENALTY.—If a covered partnership
                                                                        5                       fails to meet a build out requirement under
                                                                        6                       subparagraph (A), the Assistant Secretary
                                                                        7                       shall—
                                                                        8                                        (i) recover any funds made available
                                                                        9                                to the covered partnership; and
                                                                     10                                          (ii) assess a covered partnership (to
                                                                     11                                  be split equally among each entity in the
                                                                     12                                  partnership) a fine of not less than 50 per-
                                                                     13                                  cent of the funds made available to the
                                                                     14                                  covered partnership.
                                                                     15                         (9) REPORTING REQUIREMENTS.—
                                                                     16                                  (A) IN GENERAL.—A covered partnership
                                                                     17                         that receives a grant under this section shall—
                                                                     18                                          (i) semi-annually submit to the Assist-
                                                                     19                                  ant Secretary a certification that identifies
                                                                     20                                  the areas for which broadband service has
                                                                     21                                  been           deployed              under             the     covered
                                                                     22                                  broadband project funded by the grant, to
                                                                     23                                  assess compliance with broadband build-
                                                                     24                                  out milestones established by the Assistant



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                                                                        1                                Secretary under paragraph (8) for the
                                                                        2                                project; and
                                                                        3                                        (ii) provide to the Assistant Secretary
                                                                        4                                complete, reliable, and precise information
                                                                        5                                (in a manner consistent with how informa-
                                                                        6                                tion is submitted under section 802 of the
                                                                        7                                Communications Act of 1934 (47 U.S.C.
                                                                        8                                642)) on each area receiving access to
                                                                        9                                broadband service through the covered
                                                                     10                                  broadband project funded by the grant, not
                                                                     11                                  later than 90 days after—
                                                                     12                                                   (I) the date of completion of each
                                                                     13                                          milestone established by the Assistant
                                                                     14                                          Secretary under paragraph (7) for the
                                                                     15                                          covered broadband project; and
                                                                     16                                                   (II) the date of completion of the
                                                                     17                                          covered broadband project.
                                                                     18                                  (B) PUBLICATION OF SEMI-ANNUAL CER-
                                                                     19                         TIFICATION.—The                       Assistant Secretary shall
                                                                     20                         publish in the Federal Register each certifi-
                                                                     21                         cation submitted under subparagraph (A)(i),
                                                                     22                         except that the Assistant Secretary shall not
                                                                     23                         publish any information in such certification
                                                                     24                         that the Assistant Secretary determines to be



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                                                                     25                         confidential.


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                                                                        1                                (C) SHARING OF INFORMATION.—Not later
                                                                        2                       than 30 days after receiving information under
                                                                        3                       subparagraph (A)(ii), the Assistant Secretary
                                                                        4                       shall provide such information to the Commis-
                                                                        5                       sion.
                                                                        6                       (10) TECHNICAL ASSISTANCE.—
                                                                        7                                (A) IN           GENERAL.—The                          Assistant Sec-
                                                                        8                       retary may, at the request of a covered partner-
                                                                        9                       ship applying for a grant under this section,
                                                                     10                         provide technical assistance and training to
                                                                     11                         such partnership with respect to the application
                                                                     12                         process and the application to be submitted by
                                                                     13                         the partnership.
                                                                     14                                  (B)            FUNDING.—Not                             more        than
                                                                     15                         $1,000,000 of the amount made available to
                                                                     16                         carry out this section may be used for technical
                                                                     17                         assistance and training under subparagraph
                                                                     18                         (A).
                                                                     19                                  (C)         COORDINATION.—When                                  providing
                                                                     20                         technical assistance to a covered partnership,
                                                                     21                         the Assistant Secretary shall coordinate with
                                                                     22                         any official of the State in which the political
                                                                     23                         subdivision or political subdivisions in the cov-
                                                                     24                         ered partnership are located that is responsible



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                                                                        1                       for the expansion of broadband service in the
                                                                        2                       State.
                                                                        3                       (11) RELATION                        TO     OTHER           FEDERAL     AND

                                                                        4              STATE BROADBAND PROGRAMS.—

                                                                        5                                (A) UNIVERSAL SERVICE FUND.—Not later
                                                                        6                       than 5 business days after the Commission re-
                                                                        7                       ceives a request from the Assistant Secretary
                                                                        8                       for any information the Assistant Secretary de-
                                                                        9                       termines necessary to ensure that any grant
                                                                     10                         made under this section complements and is not
                                                                     11                         duplicative of high-cost universal service sup-
                                                                     12                         port provided under section 254 of the Commu-
                                                                     13                         nications Act of 1934 (47 U.S.C. 254), for an
                                                                     14                         area that includes any portion or all of the area
                                                                     15                         to be served by the covered broadband project
                                                                     16                         with respect to which the grant is made, the
                                                                     17                         Commission shall provide the Assistant Sec-
                                                                     18                         retary such information.
                                                                     19                                  (B) RURAL UTILITIES SERVICE.—Not later
                                                                     20                         than 5 business days after the Secretary of Ag-
                                                                     21                         riculture receives a request from the Assistant
                                                                     22                         Secretary for any information the Assistant
                                                                     23                         Secretary determines necessary to ensure that
                                                                     24                         any grant made under this section complements



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                                                                     25                         and is not duplicative of grants, loans, or loan


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                                                                        1                       guarantees provided by the Secretary of Agri-
                                                                        2                       culture under title VI of the Rural Electrifica-
                                                                        3                       tion Act of 1936 (7 U.S.C. 950bb et seq.), in-
                                                                        4                       cluding the Broadband Grants, Loans, and
                                                                        5                       Loan Guarantees program and the Community
                                                                        6                       Connect Programs, and the ReConnect Pilot
                                                                        7                       Program, for an area that includes any portion
                                                                        8                       or all of the area to be served by the covered
                                                                        9                       broadband project with respect to which the
                                                                     10                         grant is made, the Secretary of Agriculture
                                                                     11                         shall provide the Assistant Secretary such infor-
                                                                     12                         mation.
                                                                     13                                  (C)         STATE           BROADBAND                  GRANT   PRO-

                                                                     14                         GRAMS.—The                 Assistant Secretary shall ensure
                                                                     15                         that any grant made under this section com-
                                                                     16                         plements and is not duplicative of grants, loans,
                                                                     17                         loan guarantees, or other support, provided by
                                                                     18                         a State to a provider of broadband service in
                                                                     19                         the covered partnership, that establishes a le-
                                                                     20                         gally enforceable obligation for the provider to
                                                                     21                         provide broadband service with a download
                                                                     22                         speed of at least 25 megabits per second and an
                                                                     23                         upload speed of at least 3 megabits per second,
                                                                     24                         in an area that includes any portion or all of



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                                                                        1                       the area to be served by the covered broadband
                                                                        2                       project with respect to which the grant is made.
                                                                        3                       (12) REPORT                     TO CONGRESS.—The                        Assistant
                                                                        4              Secretary shall annually submit a report to Congress
                                                                        5              on the progress of the program established under
                                                                        6              this section, based on the information provided by
                                                                        7              covered partnerships under paragraph (8)(A)(ii),
                                                                        8              until every obligation under each grant provided
                                                                        9              under this section is fulfilled.
                                                                     10                         (13) AUTHORIZATION OF APPROPRIATIONS.—
                                                                     11                There is authorized to be appropriated to carry out
                                                                     12                this section $20,000,000,000 for fiscal year 2023
                                                                     13                through fiscal year 2027, to remain available
                                                                     14                through fiscal year 2027.
                                                                     15                         (14) CHALLENGE PROCESS.—In the Notice of
                                                                     16                Funding Opportunity required to be published under
                                                                     17                subsection (b)(1)(B), the Assistant Secretary shall
                                                                     18                be required to establish a user-friendly challenge
                                                                     19                process through which consumers, State, local, and
                                                                     20                Tribal governmental entities, and other entities or
                                                                     21                individuals may submit information to the Assistant
                                                                     22                Secretary to challenge whether—
                                                                     23                                  (A) with respect to an area, such area is
                                                                     24                         an eligible service area;



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                                                                        1                                (B) with respect to an area, an entity al-
                                                                        2                       ready provides such service in the area; or,
                                                                        3                                (C) with respect to an area, an entity al-
                                                                        4                       ready has a legally enforceable obligation to
                                                                        5                       provide broadband service in the area at 25
                                                                        6                       megabits per second upload speed and 3 mega-
                                                                        7                       bits per second download speed.
                                                                        8                       (15) LIMITATION ON STATE OR POLITICAL SUB-
                                                                        9              DIVISION.—

                                                                     10                                  (A) Any entity in a covered partnership
                                                                     11                         that is a State or political subdivision of a State
                                                                     12                         may not prohibit or have the effect of prohib-
                                                                     13                         iting the entity in a covered partnership that is
                                                                     14                         a provider of fixed broadband service that is not
                                                                     15                         owned (in whole or in part) or controlled by the
                                                                     16                         State or any political subdivision of the State
                                                                     17                         from entering into a covered partnership on the
                                                                     18                         basis of requiring any obligation, requirement,
                                                                     19                         duty, or regulation that is inconsistent with, or
                                                                     20                         exceeds in a material way, any grant condition
                                                                     21                         required by the Assistant Secretary.
                                                                     22                                  (B) In the case of a covered partnership
                                                                     23                         that receives a grant under this section, the en-
                                                                     24                         tity in the partnership that is a State or polit-



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                                                                     25                         ical subdivision of a State may not impose any


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                                                                        1                       obligation, requirement, duty, or regulation that
                                                                        2                       is inconsistent with, or exceeds in a material
                                                                        3                       way, any grant condition required by the Assist-
                                                                        4                       ant Secretary.
                                                                        5                       (16) RULE                OF       CONSTRUCTION.—Nothing                   in
                                                                        6              this Act shall be construed to permit an entity in a
                                                                        7              covered partnership that is a State or a political
                                                                        8              subdivision of a State to own or operate any facility
                                                                        9              used to provide broadband service at the conclusion
                                                                     10                of the covered partnership.
                                                                     11                (c) DEFINITIONS.—In this section:
                                                                     12                         (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
                                                                     13                ant Secretary’’ means the Assistant Secretary of
                                                                     14                Commerce for Communications and Information.
                                                                     15                         (2)          BROADBAND                       SERVICE.—The               term
                                                                     16                ‘‘broadband service’’ has the meaning given the term
                                                                     17                broadband internet access service in section 8.1(b)
                                                                     18                of title 47, Code of Federal Regulations (or any suc-
                                                                     19                cessor regulation).
                                                                     20                         (3) COMMISSION.—The term ‘‘Commission’’
                                                                     21                means the Federal Communications Commission.
                                                                     22                         (4)       COVERED                BROADBAND                  PROJECT.—The

                                                                     23                term ‘‘covered broadband project’’ means a competi-
                                                                     24                tively and technologically neutral project for the de-



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                                                                     25                ployment of fixed broadband service that provides in


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                                                                        1              a eligible service areas broadband service with a
                                                                        2              download speed of at least 25 megabits per second,
                                                                        3              an upload speed of at least 3 megabits per second,
                                                                        4              and a latency sufficient to support real-time applica-
                                                                        5              tions.
                                                                        6                       (5) COVERED PARTNERSHIP.—The term ‘‘cov-
                                                                        7              ered partnership’’ means—
                                                                        8                                (A) a partnership between—
                                                                        9                                        (i) a State, if such State does not
                                                                     10                                  offer broadband service;
                                                                     11                                          (ii) one or more political subdivisions
                                                                     12                                  of the State, if such political subdivision or
                                                                     13                                  such political subdivisions (as the case may
                                                                     14                                  be) do not offer broadband service; and
                                                                     15                                          (iii) a provider of fixed broadband
                                                                     16                                  service that is not owned (in whole or in
                                                                     17                                  part) or controlled by the State or any po-
                                                                     18                                  litical subdivision of the State; or
                                                                     19                                  (B) a partnership between—
                                                                     20                                          (i) one or more political subdivisions
                                                                     21                                  of a State, provided such political subdivi-
                                                                     22                                  sion or political subdivisions (as the case
                                                                     23                                  may be) does not offer broadband service;
                                                                     24                                  and



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                                                                        1                                        (ii) a provider of fixed broadband
                                                                        2                                service that is not owned (in whole or in
                                                                        3                                part) or controlled by the State or any po-
                                                                        4                                litical subdivision of the State.
                                                                        5                       (6) ELIGIBLE SERVICE AREA.—The term ‘‘eligi-
                                                                        6              ble service area’’ means a household or business lo-
                                                                        7              cation in which broadband service at 25 megabits
                                                                        8              per second upload and 3 megabits per second
                                                                        9              download speed is not available, as determined by
                                                                     10                the Assistant Secretary solely on the basis of the
                                                                     11                maps created under section 802(c)(1) of the Com-
                                                                     12                munications Act of 1934 (47 U.S.C. 642(c)(1)), ex-
                                                                     13                cept for those areas that are awarded funding in the
                                                                     14                Rural Digital Opportunity Fund Phase II Auction
                                                                     15                (FCC 20–5) or a High Cost Program.
                                                                     16                         (7) HIGH COST PROGRAM.—The term ‘‘high
                                                                     17                cost program’’ means any of the following—
                                                                     18                                  (A) any grant, loan, or loan guarantee pro-
                                                                     19                         vided by a State to the provider of broadband
                                                                     20                         service for the deployment of broadband service
                                                                     21                         in the proposed service area;
                                                                     22                                  (B) any grant, loan, or loan guarantee
                                                                     23                         with respect to the proposed service area pro-
                                                                     24                         vided by the Secretary of Agriculture under title



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                                                                     25                         VI of the Rural Electrification Act of 1936 (7


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                                                                        1                       U.S.C. 950bb et seq.), including the Broadband
                                                                        2                       Grants, Loans, and Loan Guarantees program,
                                                                        3                       the Community Connect Programs, and the Re-
                                                                        4                       Connect Pilot Program;
                                                                        5                                (C) any high-cost universal service support
                                                                        6                       provided under section 254 of the Communica-
                                                                        7                       tions Act of 1934 (47 U.S.C. 254);
                                                                        8                                (D) any grant provided under section 6001
                                                                        9                       of the American Recovery and Reinvestment
                                                                     10                         Act of 2009 (47 U.S.C. 1305);
                                                                     11                                  (E) the Education Stabilization Fund
                                                                     12                         under title VIII of division B of the CARES
                                                                     13                         Act (Public Law 116–136); or
                                                                     14                                  (F) any grant, loan, or loan guarantee pro-
                                                                     15                         vided by the Federal Government for the provi-
                                                                     16                         sion of broadband service.
                                                                     17                         (8) PERSONAL WIRELESS SERVICES.—The term
                                                                     18                ‘‘personal wireless services’’—
                                                                     19                                  (A) has the meaning given such term in
                                                                     20                         section 332 of the Communications Act of 1934
                                                                     21                         (47 U.S.C. 332); and
                                                                     22                                  (B) includes commercial mobile data serv-
                                                                     23                         ice (as defined in section 6001 of the Middle
                                                                     24                         Class Tax Relief and Job Creation Act of 2012



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                                                                     25                         (47 U.S.C. 1401)).


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                                                                        1                       (9) POLITICAL SUBDIVISION.—The term ‘‘polit-
                                                                        2              ical subdivision’’ includes a city, county, wireless au-
                                                                        3              thority, or planning district commission.
                                                                        4                       (10) STATE.—The term ‘‘State’’ means the 50
                                                                        5              States, the District of Columbia, the territories and
                                                                        6              possessions of the United States, and federally rec-
                                                                        7              ognized Indian Tribes.
                                                                        8                       (11)         TELECOMMUNICATIONS                                 SERVICE.—The

                                                                        9              term ‘‘telecommunications service’’ has the meaning
                                                                     10                given the term in section 3 of the Communications
                                                                     11                Act of 1934 (47 U.S.C. 153).
                                                                     12          SEC. 102. MOBILE BROADBAND EXPANSION GRANT PRO-

                                                                     13                                  GRAM.

                                                                     14                (a) NOTIFICATION OF CREATION OF BROADBAND
                                                                     15 MAPS; DATA SHARING.—
                                                                     16                         (1) IN GENERAL.—Not later than 3 business
                                                                     17                days after creating the maps required under section
                                                                     18                802(c)(1) of the Communications Act of 1934 (47
                                                                     19                U.S.C. 642(c)(1)), the Commission shall notify the
                                                                     20                Assistant Secretary that such maps have been cre-
                                                                     21                ated.
                                                                     22                         (2) DATA SHARING.—Not less frequently than
                                                                     23                annually, the Commission shall, through the process
                                                                     24                established under section 802(b)(7) of the Commu-



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                                                                     25                nications Act of 1934 (47 U.S.C. 642(b)(7)), provide


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                                                                        1              the Assistant Secretary any data collected by the
                                                                        2              Commission pursuant to title VIII of such Act.
                                                                        3              (b) MOBILE BROADBAND GRANT PROGRAM.—
                                                                        4                       (1) ESTABLISHMENT OF GRANT PROGRAM; NO-
                                                                        5              TICE OF FUNDING OPPORTUNITY.—The                                                 Assistant
                                                                        6              Secretary shall, not later than 1 year after the As-
                                                                        7              sistant Secretary is notified as described in sub-
                                                                        8              section (a)(1)—
                                                                        9                                (A) establish a program to make grants on
                                                                     10                         a competitive basis, from amounts made avail-
                                                                     11                         able to carry out this section, to covered part-
                                                                     12                         nerships for covered mobile broadband service
                                                                     13                         projects; and
                                                                     14                                  (B) publish a Notice of Funding Oppor-
                                                                     15                         tunity in the Federal Register that includes in-
                                                                     16                         formation about such program, including any
                                                                     17                         requirement established by this section.
                                                                     18                         (2) LIMITATION; COORDINATION.—
                                                                     19                                  (A) The Assistant Secretary may not make
                                                                     20                         a grant under this section before the date that
                                                                     21                         is 1 year after the date on which the Assistant
                                                                     22                         Secretary is notified as described in subsection
                                                                     23                         (a)(1).
                                                                     24                                  (B) In making a grant award under para-



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                                                                     25                         graph (1), the Assistant Secretary shall coordi-


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                                                                        1                       nate with the Chairman of the Commission in
                                                                        2                       order to avoid overbuilding in areas where
                                                                        3                       funds are made available through the 5G Fund
                                                                        4                       Report and Order (FCC 20–150) adopted by
                                                                        5                       the Commission on October 27, 2020.
                                                                        6                       (3) ELIGIBILITY REQUIREMENTS.—
                                                                        7                                (A) IN GENERAL.—To be eligible for a
                                                                        8                       grant under this section, a covered partnership
                                                                        9                       shall submit an application at such time, in
                                                                     10                         such manner, and containing such information
                                                                     11                         as the Assistant Secretary may require, but the
                                                                     12                         application shall, at a minimum, include a de-
                                                                     13                         scription of—
                                                                     14                                          (i) the covered partnership submitting
                                                                     15                                  the application under this paragraph;
                                                                     16                                          (ii) the covered mobile broadband
                                                                     17                                  service project to be funded by the grant,
                                                                     18                                  including the speed or speeds at which the
                                                                     19                                  covered partnership plans to offer mobile
                                                                     20                                  broadband service under the project;
                                                                     21                                          (iii) the cost of the covered mobile
                                                                     22                                  broadband service project to be funded by
                                                                     23                                  the grant, including—
                                                                     24                                                   (I) a description of how the re-



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                                                                     25                                          quired construction will be funded;


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                                                                        1                                                 (II) all estimated project costs
                                                                        2                                        for all facilities that are required to
                                                                        3                                        complete the project, including the
                                                                        4                                        costs of upgrading, replacing, or oth-
                                                                        5                                        erwise modifying the existing facilities
                                                                        6                                        to expand coverage or meet perform-
                                                                        7                                        ance requirements;
                                                                        8                                                 (III) a description of how grant
                                                                        9                                        funds will be used in combination with
                                                                     10                                          other funds to support the mobile
                                                                     11                                          broadband service project;
                                                                     12                                                   (IV) in the case of a mobile
                                                                     13                                          broadband service project that will be
                                                                     14                                          partially supported by loans, financial
                                                                     15                                          projections demonstrating that the
                                                                     16                                          covered partnership can cover the nec-
                                                                     17                                          essary debt service payments over the
                                                                     18                                          life of any loan; and
                                                                     19                                                   (V)         financial             projects    dem-
                                                                     20                                          onstrating that the covered partner-
                                                                     21                                          ship will remain financially stable at
                                                                     22                                          the conclusion of the grant award;
                                                                     23                                          (iv) the area to be served by the cov-
                                                                     24                                  ered mobile broadband service project (in



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                                                                        1                                this subsection referred to as the ‘‘pro-
                                                                        2                                posed service area’’);
                                                                        3                                        (v) how the State, political subdivi-
                                                                        4                                sion, or political subdivisions in the covered
                                                                        5                                partnership chose which provider of mobile
                                                                        6                                broadband service to enter into a partner-
                                                                        7                                ship with for the purposes of applying for
                                                                        8                                a grant under this section; and
                                                                        9                                        (vi) any support (other than support
                                                                     10                                  for a wireline service) that the provider of
                                                                     11                                  mobile broadband service that is in the
                                                                     12                                  covered partnership has received through—
                                                                     13                                                   (I) any grant, loan, or loan guar-
                                                                     14                                          antee provided by a State to the pro-
                                                                     15                                          vider of mobile broadband service for
                                                                     16                                          the deployment of mobile broadband
                                                                     17                                          service in the proposed service area;
                                                                     18                                                   (II) any high-cost universal serv-
                                                                     19                                          ice support provided under section
                                                                     20                                          254 of the Communications Act of
                                                                     21                                          1934 (47 U.S.C. 254);
                                                                     22                                                   (III) any grant provided under
                                                                     23                                          section 6001 of the American Recov-
                                                                     24                                          ery and Reinvestment Act of 2009 (47



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                                                                     25                                          U.S.C. 1305);


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                                                                        1                                                 (IV) the Education Stabilization
                                                                        2                                        Fund under title VIII of division B of
                                                                        3                                        the CARES Act (Public Law 116–
                                                                        4                                        136);
                                                                        5                                                 (V) any other grant, loan, or loan
                                                                        6                                        guarantee provided by the Federal
                                                                        7                                        Government                  for      the        provision   of
                                                                        8                                        broadband service; or
                                                                        9                                                 (VI) any legally enforceable mo-
                                                                     10                                          bile broadband deployment obligations
                                                                     11                                          to which the provider of mobile
                                                                     12                                          broadband service is subject in the eli-
                                                                     13                                          gible service area.
                                                                     14                                  (B) REQUIREMENT TO STREAMLINE PER-
                                                                     15                         MITTING PROCESS.—

                                                                     16                                          (i) IN GENERAL.—In order for a cov-
                                                                     17                                  ered partnership to be eligible for a grant
                                                                     18                                  under this section each covered entity may
                                                                     19                                  only charge a fee to consider an applica-
                                                                     20                                  tion for the placement, construction, or
                                                                     21                                  modification of a facility for the provision
                                                                     22                                  of broadband service, personal wireless
                                                                     23                                  services, or telecommunications service in
                                                                     24                                  the proposed service area or an application



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                                                                     25                                  to use a right-of-way or a facility in a


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                                                                        1                                right-of-way owned or managed by that en-
                                                                        2                                tity for the placement, construction, or
                                                                        3                                modification of a facility for the provision
                                                                        4                                of any such service in the proposed service
                                                                        5                                area, if the fee for considering such appli-
                                                                        6                                cation is—
                                                                        7                                                 (I) nondiscriminatory;
                                                                        8                                                 (II) publicly disclosed; and
                                                                        9                                                 (III) based on actual and direct
                                                                     10                                          costs, such as costs for the review and
                                                                     11                                          processing of such applications.
                                                                     12                                          (ii) COVERED ENTITY DEFINED.—In
                                                                     13                                  this subparagraph, the term ‘‘covered enti-
                                                                     14                                  ty’’ means—
                                                                     15                                                   (I) an entity in the partnership
                                                                     16                                          that is a State or political subdivision
                                                                     17                                          of a State; and
                                                                     18                                                   (II) a political subdivision in
                                                                     19                                          which all or part of the proposed serv-
                                                                     20                                          ice area is located.
                                                                     21                         (4) PRIORITY.—In awarding grants under this
                                                                     22                section, the Assistant Secretary shall give priority to
                                                                     23                applications for covered mobile broadband service
                                                                     24                projects as follows (in decreasing order of priority):



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                                                                        1                                (A) Covered mobile broadband service
                                                                        2                       projects designed to provide mobile broadband
                                                                        3                       service to an eligible service in which the great-
                                                                        4                       est number of households in the eligible service
                                                                        5                       area do not have fixed broadband service with
                                                                        6                       a download speed of 25 megabits per second
                                                                        7                       and an upload speed of 3 megabits per second,
                                                                        8                       as determined by the Assistant Secretary on the
                                                                        9                       basis of the maps required under section
                                                                     10                         802(c)(1) of the Communications Act of 1934
                                                                     11                         (47 U.S.C. 642(c)(1)).
                                                                     12                                  (B) Covered mobile broadband service
                                                                     13                         projects designed to provide mobile broadband
                                                                     14                         service in an eligible service area that is wholly
                                                                     15                         within any area other than—
                                                                     16                                          (i) a county, city, or town that has a
                                                                     17                                  population of greater than 50,000 inhab-
                                                                     18                                  itants; and
                                                                     19                                          (ii) the urbanized area contiguous and
                                                                     20                                  adjacent to such a city or town.
                                                                     21                                  (C) Covered mobile broadband service
                                                                     22                         projects that are most cost-effective.
                                                                     23                                  (D) Covered mobile broadband service
                                                                     24                         projects that are most rural.



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                                                                        1                                (E) Covered mobile broadband service
                                                                        2                       projects designed to provide 5th Generation
                                                                        3                       long-term evolution or future generation of
                                                                        4                       service that meets the standards set forth in
                                                                        5                       Release 15, or any successor release, of the 3rd
                                                                        6                       Generation Partnership Project.
                                                                        7                                (F) Any other covered mobile broadband
                                                                        8                       service project that meets the requirements of
                                                                        9                       this section.
                                                                     10                         (5) FEDERAL CONTRIBUTION.—The amount of
                                                                     11                any grant provided to a covered partnership under
                                                                     12                this section may not exceed 75 percent of the total
                                                                     13                cost of the covered mobile broadband service project.
                                                                     14                         (6) GRANT CONDITIONS.—
                                                                     15                                  (A) REQUIREMENTS.—As a condition of
                                                                     16                         receiving a grant under this section for a cov-
                                                                     17                         ered mobile broadband service project, a cov-
                                                                     18                         ered partnership shall provide mobile broadband
                                                                     19                         service under the project using the facilities of
                                                                     20                         the provider of mobile broadband service in the
                                                                     21                         covered partnership and not exclusively through
                                                                     22                         the resale of the service of another provider of
                                                                     23                         personal wireless services.




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                                                                        1                                (B) PROHIBITIONS.—As a condition of re-
                                                                        2                       ceiving a grant under this section, the Assistant
                                                                        3                       Secretary shall prohibit—
                                                                        4                                        (i) a provider of mobile broadband
                                                                        5                                service that is in the covered partnership
                                                                        6                                receiving the grant under this section—
                                                                        7                                                 (I) from using grant amounts
                                                                        8                                        provided under this section to repay,
                                                                        9                                        or make any other payment relating
                                                                     10                                          to, a loan made by any public or pri-
                                                                     11                                          vate lender;
                                                                     12                                                   (II) from using grant amounts
                                                                     13                                          provided under this section as collat-
                                                                     14                                          eral for a loan made by any public or
                                                                     15                                          private lender; and
                                                                     16                                                   (III)        from          using         more   than
                                                                     17                                          $75,000 of grant amounts provided
                                                                     18                                          under this section to pay for the prep-
                                                                     19                                          aration of an application for a grant
                                                                     20                                          under this section; and
                                                                     21                                          (ii) a State, or a political subdivision
                                                                     22                                  of a State, that is in the covered partner-
                                                                     23                                  ship receiving the grant under this section,
                                                                     24                                  after accepting a grant under this section



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                                                                        1                                (C) NONDISCRIMINATION.—The Assistant
                                                                        2                       Secretary may not require a provider of mobile
                                                                        3                       broadband service that is in an eligible partner-
                                                                        4                       ship to be designated as an eligible tele-
                                                                        5                       communications carrier pursuant to section
                                                                        6                       214(e) of the Communications Act of 1934 (47
                                                                        7                       U.S.C. 214(e)) for the covered partnership to
                                                                        8                       be eligible to receive a grant under this section
                                                                        9                       or as a condition of the covered partnership re-
                                                                     10                         ceiving a grant under this section.
                                                                     11                                  (D) COLLOCATION.—A covered entity (as
                                                                     12                         defined in paragraph (3)(B)(ii)) may not pro-
                                                                     13                         hibit or have the effect of prohibiting the col-
                                                                     14                         location of personal wireless service facilities at
                                                                     15                         any site at which the covered partnership has
                                                                     16                         deployed a personal wireless service facility in
                                                                     17                         connection with a grant made available in this
                                                                     18                         section.
                                                                     19                         (7) BUILD-OUT, NOTIFICATION, AND ACCOUNT-
                                                                     20                ABILITY REQUIREMENT.—

                                                                     21                                  (A) IN           GENERAL.—The                          Assistant Sec-
                                                                     22                         retary shall establish build-out, accountability,
                                                                     23                         and (in accordance with paragraph (8)) report-
                                                                     24                         ing requirements for covered partnerships that



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                                                                        1                       each covered partnership that receives a grant
                                                                        2                       under this section, milestones for the deploy-
                                                                        3                       ment of mobile broadband service under the
                                                                        4                       covered mobile broadband service project fund-
                                                                        5                       ed by the grant.
                                                                        6                                (B)         NOTIFICATION                   TO          COMMISSION.—

                                                                        7                       Upon establishing a build-out, accountability, or
                                                                        8                       reporting requirement under subparagraph (A),
                                                                        9                       the Assistant Secretary shall transmit to the
                                                                     10                         Commission a notification describing such re-
                                                                     11                         quirement.
                                                                     12                                  (C) PENALTY.—If a covered partnership
                                                                     13                         fails to meet a build out requirement under
                                                                     14                         subparagraph (A), the Assistant Secretary
                                                                     15                         shall—
                                                                     16                                          (i) recover any funds made available
                                                                     17                                  to the covered partnership; and
                                                                     18                                          (ii) assess a covered partnership (to
                                                                     19                                  be split equally among each entity in the
                                                                     20                                  partnership) a fine of not less than 50 per-
                                                                     21                                  cent of the funds made available to the
                                                                     22                                  covered partnership.
                                                                     23                         (8) REPORTING REQUIREMENTS.—
                                                                     24                                  (A) IN GENERAL.—A covered partnership



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                                                                     25                         that receives a grant under this section shall—


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                                                                        1                                        (i) semi-annually submit to the Assist-
                                                                        2                                ant Secretary a certification that identifies
                                                                        3                                the areas for which mobile broadband serv-
                                                                        4                                ice have been deployed under the covered
                                                                        5                                mobile broadband service project funded by
                                                                        6                                the grant, to assess compliance with mobile
                                                                        7                                broadband service build-out milestones es-
                                                                        8                                tablished by the Assistant Secretary under
                                                                        9                                paragraph (7) for the project; and
                                                                     10                                          (ii) provide to the Assistant Secretary
                                                                     11                                  complete, reliable, and precise information
                                                                     12                                  (in a manner consistent with how informa-
                                                                     13                                  tion is submitted under section 802 of the
                                                                     14                                  Communications Act of 1934 (47 U.S.C.
                                                                     15                                  642)) on each area receiving access to mo-
                                                                     16                                  bile broadband service through the covered
                                                                     17                                  mobile broadband service project funded by
                                                                     18                                  the grant, not later than 90 days after—
                                                                     19                                                   (I) the date of completion of each
                                                                     20                                          milestone established by the Assistant
                                                                     21                                          Secretary under paragraph (6) for the
                                                                     22                                          covered             mobile          broadband          service
                                                                     23                                          project; and




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                                                                        1                                                 (II) the date of completion of the
                                                                        2                                        covered             mobile          broadband           service
                                                                        3                                        project.
                                                                        4                                (B) PUBLICATION OF SEMI-ANNUAL CER-
                                                                        5                       TIFICATION.—The                       Assistant Secretary shall
                                                                        6                       publish in the Federal Register each certifi-
                                                                        7                       cation submitted under subparagraph (A)(i),
                                                                        8                       except that the Assistant Secretary shall not
                                                                        9                       publish any information in such certification
                                                                     10                         that the Assistant Secretary determines to be
                                                                     11                         confidential.
                                                                     12                                  (C) SHARING OF INFORMATION.—Not later
                                                                     13                         than 30 days after receiving information under
                                                                     14                         subparagraph (A)(ii), the Assistant Secretary
                                                                     15                         shall provide such information to the Commis-
                                                                     16                         sion.
                                                                     17                         (9) TECHNICAL ASSISTANCE.—
                                                                     18                                  (A) IN           GENERAL.—The                          Assistant Sec-
                                                                     19                         retary may, at the request of a covered partner-
                                                                     20                         ship applying for a grant under this section,
                                                                     21                         provide technical assistance and training to
                                                                     22                         such partnership with respect to the application
                                                                     23                         process and the application to be submitted by
                                                                     24                         the partnership.



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                                                                        1                                (B)            FUNDING.—Not                            more        than
                                                                        2                       $1,000,000 of the amount made available to
                                                                        3                       carry out this section may be used for technical
                                                                        4                       assistance and training under subparagraph
                                                                        5                       (A).
                                                                        6                                (C)         COORDINATION.—When                                 providing
                                                                        7                       technical assistance to a covered partnership,
                                                                        8                       the Assistant Secretary shall coordinate with
                                                                        9                       any official of the State in which the political
                                                                     10                         subdivision or political subdivisions in the cov-
                                                                     11                         ered partnership are located that is responsible
                                                                     12                         for the expansion of personal wireless services
                                                                     13                         in the State.
                                                                     14                         (10) RELATION                        TO     OTHER           FEDERAL         AND

                                                                     15                STATE BROADBAND PROGRAMS.—

                                                                     16                                  (A) UNIVERSAL SERVICE FUND.—Not later
                                                                     17                         than 5 business days after the Commission re-
                                                                     18                         ceives a request from the Assistant Secretary
                                                                     19                         for any information the Assistant Secretary de-
                                                                     20                         termines necessary to ensure that any grant
                                                                     21                         made under this section complements and is not
                                                                     22                         duplicative of high-cost universal service sup-
                                                                     23                         port provided under section 254 of the Commu-
                                                                     24                         nications Act of 1934 (47 U.S.C. 254), for an



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                                                                     25                         area that includes any portion or all of the area


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                                                                        1                       to be served by the covered mobile broadband
                                                                        2                       service project with respect to which the grant
                                                                        3                       is made, the Commission shall provide the As-
                                                                        4                       sistant Secretary such information.
                                                                        5                                (B)         STATE           BROADBAND                  GRANT   PRO-

                                                                        6                       GRAMS.—The                 Assistant Secretary shall ensure
                                                                        7                       that any grant made under this section com-
                                                                        8                       plements and is not duplicative of grants, loans,
                                                                        9                       loan guarantees, or other support, provided by
                                                                     10                         a State to a provider of mobile broadband serv-
                                                                     11                         ice in the covered partnership, that establishes
                                                                     12                         a legally enforceable obligation for the provider
                                                                     13                         to provide broadband service with a download
                                                                     14                         speed of at least 25 megabits per second and an
                                                                     15                         upload speed of at least 3 megabits per second,
                                                                     16                         in an area that includes any portion or all of
                                                                     17                         the area to be served by the covered mobile
                                                                     18                         broadband service project with respect to which
                                                                     19                         the grant is made.
                                                                     20                         (11) CHALLENGE PROCESS.—In the Notice of
                                                                     21                Funding Opportunity required to be published under
                                                                     22                subsection (b)(1)(B), the Assistant Secretary shall
                                                                     23                be required to establish a user-friendly challenge
                                                                     24                process through which consumers, State, local, and



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                                                                     25                Tribal governmental entities, and other entities or


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                                                                        1              individuals may submit information to the Assistant
                                                                        2              Secretary to challenge whether—
                                                                        3                                (A) with respect to an area, such area is
                                                                        4                       an eligible service area;
                                                                        5                                (B) with respect to an area, an entity al-
                                                                        6                       ready provides such service in the area; or
                                                                        7                                (C) with respect to an area, an entity al-
                                                                        8                       ready has a legally enforceable obligation to
                                                                        9                       provide mobile broadband service in the area.
                                                                     10                         (12) LIMITATION ON STATE OR POLITICAL SUB-
                                                                     11                DIVISION.—

                                                                     12                                  (A) Any entity in a covered partnership
                                                                     13                         that is a State or political subdivision of a State
                                                                     14                         may not prohibit or have the effect of prohib-
                                                                     15                         iting the entity in a covered partnership that is
                                                                     16                         a provider of mobile broadband service that is
                                                                     17                         not owned (in whole or in part) or controlled by
                                                                     18                         the State or any political subdivision of the
                                                                     19                         State from entering into a covered partnership
                                                                     20                         on the basis of requiring any obligation, re-
                                                                     21                         quirement, duty, or regulation that is incon-
                                                                     22                         sistent with, or exceeds in a material way, any
                                                                     23                         grant condition required by the Assistant Sec-
                                                                     24                         retary.



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                                                                        1                                (B) In the case of a covered partnership
                                                                        2                       that receives a grant under this section, the en-
                                                                        3                       tity in the partnership that is a State or polit-
                                                                        4                       ical subdivision of a State may not impose any
                                                                        5                       obligation, requirement, duty, or regulation that
                                                                        6                       is inconsistent with, or exceeds in a material
                                                                        7                       way, any grant condition required by the Assist-
                                                                        8                       ant Secretary.
                                                                        9                       (13) RULE                OF       CONSTRUCTION.—Nothing                        in
                                                                     10                this Act shall be construed to permit an entity in a
                                                                     11                covered partnership that is a State or a unit of local
                                                                     12                government to own or operate any facility used to
                                                                     13                provide mobile broadband service at the conclusion
                                                                     14                of the covered partnership.
                                                                     15                         (14) REPORT                     TO CONGRESS.—The                        Assistant
                                                                     16                Secretary shall annually submit a report to Congress
                                                                     17                on the progress of the program established under
                                                                     18                this section, based on the information provided by
                                                                     19                covered partnerships under paragraph (8)(A)(ii),
                                                                     20                until every obligation under each grant provided
                                                                     21                under this section is fulfilled.
                                                                     22                         (15) AUTHORIZATION OF APPROPRIATIONS.—
                                                                     23                There is authorized to be appropriated to carry out
                                                                     24                this section $3,000,000,000 for fiscal year 2023



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                                                                        1              through fiscal year 2027, to remain available
                                                                        2              through fiscal year 2027.
                                                                        3              (c) DEFINITIONS.—In this section:
                                                                        4                       (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
                                                                        5              ant Secretary’’ means the Assistant Secretary of
                                                                        6              Commerce for Communications and Information.
                                                                        7                       (2)          BROADBAND                       SERVICE.—The                  term
                                                                        8              ‘‘broadband service’’ has the meaning given the term
                                                                        9              broadband internet access service in section 8.1(b)
                                                                     10                of title 47, Code of Federal Regulations (or any suc-
                                                                     11                cessor regulation).
                                                                     12                         (3) CELL              EDGE           PROBABILITY;                CELL    LOAD-

                                                                     13                ING.—The              terms ‘‘cell edge probability’’ and ‘‘cell
                                                                     14                loading’’ have the meaning given those terms in sec-
                                                                     15                tion 801 of the Communications Act of 1934 (47
                                                                     16                U.S.C. 641).
                                                                     17                         (4) COMMISSION.—The term ‘‘Commission’’
                                                                     18                means the Federal Communications Commission.
                                                                     19                         (5) COVERED                     MOBILE          BROADBAND               SERVICE

                                                                     20                PROJECT.—The                    term ‘‘covered mobile broadband
                                                                     21                service project’’ means a competitively and techno-
                                                                     22                logically neutral project for the deployment of mobile
                                                                     23                broadband service in an eligible service area.
                                                                     24                         (6) COVERED PARTNERSHIP.—The term ‘‘cov-



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                                                                     25                ered partnership’’ means—


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                                                                        1                                (A) a partnership between—
                                                                        2                                        (i) a State, if such State does not
                                                                        3                                offer personal wireless services;
                                                                        4                                        (ii) one or more political subdivisions
                                                                        5                                of the State, if such political subdivision or
                                                                        6                                such political subdivisions (as the case may
                                                                        7                                be) do not offer mobile broadband service;
                                                                        8                                and
                                                                        9                                        (iii) a provider of mobile broadband
                                                                     10                                  service that is not owned (in whole or in
                                                                     11                                  part) or controlled by the State or any po-
                                                                     12                                  litical subdivision of the State; or
                                                                     13                                  (B) a partnership between—
                                                                     14                                          (i) one or more political subdivisions
                                                                     15                                  of a State, provided such political subdivi-
                                                                     16                                  sion or political subdivisions (as the case
                                                                     17                                  may be) does not offer mobile broadband
                                                                     18                                  service; and
                                                                     19                                          (ii) a provider of mobile broadband
                                                                     20                                  service that is not owned (in whole or in
                                                                     21                                  part) or controlled by the State or any po-
                                                                     22                                  litical subdivision of the State.
                                                                     23                         (7) ELIGIBLE SERVICE AREA.—The term ‘‘eligi-
                                                                     24                ble service area’’ means an area not smaller than a



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                                                                     25                census block in which mobile broadband service is


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                                                                        1              not available, as determined by the Assistant Sec-
                                                                        2              retary solely on the basis of the maps created under
                                                                        3              section 802(c)(1) of the Communications Act of
                                                                        4              1934 (47 U.S.C. 642(c)(1)), except such areas that
                                                                        5              are eligible for support or are awarded support
                                                                        6              under the 5G Fund Report and Order (FCC 20–
                                                                        7              150) adopted by the Commission on October 27,
                                                                        8              2020.
                                                                        9                       (8) MOBILE BROADBAND SERVICE.—The term
                                                                     10                ‘‘mobile broadband service’’ means 4th Generation
                                                                     11                long-term evolution service, 5th Generation long-
                                                                     12                term evolution service, or future generation of serv-
                                                                     13                ice that meets the standards set forth in Release 10,
                                                                     14                or any successor release, of the 3rd Generation Part-
                                                                     15                nership Project.
                                                                     16                         (9) PERSONAL WIRELESS SERVICES.—The term
                                                                     17                ‘‘personal wireless services’’—
                                                                     18                                  (A) has the meaning given such term in
                                                                     19                         section 332 of the Communications Act of 1934
                                                                     20                         (47 U.S.C. 332); and
                                                                     21                                  (B) includes commercial mobile data serv-
                                                                     22                         ice (as defined in section 6001 of the Middle
                                                                     23                         Class Tax Relief and Job Creation Act of 2012
                                                                     24                         (47 U.S.C. 1401)).



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                                                                        1                        (10) PERSONAL                        WIRELESS             SERVICE       FACIL-

                                                                        2               ITY.—The             term ‘‘personal wireless service facility’’
                                                                        3               means a facility for the provision of personal wire-
                                                                        4               less service.
                                                                        5                        (11) POLITICAL SUBDIVISION.—The term ‘‘po-
                                                                        6               litical subdivision’’ includes a city, county, wireless
                                                                        7               authority, or planning district commission.
                                                                        8                        (12) STATE.—The term ‘‘State’’ means the 50
                                                                        9               States, the District of Columbia, the territories and
                                                                     10                 possessions of the United States, and federally rec-
                                                                     11                 ognized Indian Tribes.
                                                                     12                          (13)         TELECOMMUNICATIONS                                 SERVICE.—The

                                                                     13                 term ‘‘telecommunications service’’ has the meaning
                                                                     14                 given the term in section 3 of the Communications
                                                                     15                 Act of 1934 (47 U.S.C. 153).
                                                                     16                  TITLE II—BOOSTING
                                                                     17               BROADBAND CONNECTIVITY
                                                                     18          SEC. 201. WIRELESS LEADERSHIP.

                                                                     19                 Section 332(c) of the Communications Act of 1934
                                                                     20 (47 U.S.C. 332(c)) is amended by striking paragraph (7)
                                                                     21 and inserting the following:
                                                                     22                          ‘‘(7) PRESERVATION                          OF LOCAL ZONING AU-

                                                                     23                 THORITY.—

                                                                     24                                   ‘‘(A) GENERAL                      AUTHORITY.—Except               as



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                                                                     25                          provided in this paragraph, nothing in this Act


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                                                                        1                       shall limit or affect the authority of a State or
                                                                        2                       local government or instrumentality thereof over
                                                                        3                       decisions regarding the placement, construction,
                                                                        4                       and modification of personal wireless service fa-
                                                                        5                       cilities.
                                                                        6                                ‘‘(B) LIMITATIONS.—
                                                                        7                                        ‘‘(i) IN GENERAL.—The regulation of
                                                                        8                                the placement, construction, or modifica-
                                                                        9                                tion of a personal wireless service facility
                                                                     10                                  by any State or local government or instru-
                                                                     11                                  mentality thereof—
                                                                     12                                                   ‘‘(I) shall not unreasonably dis-
                                                                     13                                          criminate among providers of the
                                                                     14                                          same service, including by providing
                                                                     15                                          exclusive or preferential use of facili-
                                                                     16                                          ties to a particular provider or class of
                                                                     17                                          providers of personal wireless service;
                                                                     18                                          and
                                                                     19                                                   ‘‘(II) shall not prohibit or have
                                                                     20                                          the effect of prohibiting the provision
                                                                     21                                          or enhancement of personal wireless
                                                                     22                                          service.
                                                                     23                                          ‘‘(ii) ENGINEERING STANDARDS; AES-
                                                                     24                                  THETIC REQUIREMENTS.—It is not a viola-




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                                                                     25                                  tion of clause (i) for a State or local gov-


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                                                                        1                                ernment or instrumentality thereof to es-
                                                                        2                                tablish for small personal wireless service
                                                                        3                                facilities objective, reasonable, and non-
                                                                        4                                discriminatory—
                                                                        5                                                 ‘‘(I) structural engineering stand-
                                                                        6                                        ards based on generally applicable
                                                                        7                                        codes;
                                                                        8                                                 ‘‘(II) safety requirements; or
                                                                        9                                                 ‘‘(III) aesthetic or concealment
                                                                     10                                          requirements.
                                                                     11                                          ‘‘(iii) TIMEFRAMES.—
                                                                     12                                                   ‘‘(I) IN GENERAL.—A State or
                                                                     13                                          local government or instrumentality
                                                                     14                                          thereof shall grant or deny a complete
                                                                     15                                          request for authorization to place,
                                                                     16                                          construct, or modify a personal wire-
                                                                     17                                          less service facility not later than—
                                                                     18                                                              ‘‘(aa) in the case of a per-
                                                                     19                                                   sonal wireless service facility that
                                                                     20                                                   is not a small personal wireless
                                                                     21                                                   service facility—
                                                                     22                                                                      ‘‘(AA) if the request is
                                                                     23                                                              for authorization to place,
                                                                     24                                                              construct, or modify such fa-



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                                                                     25                                                              cility on an eligible support


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                                                                        1                                                            structure, including in an
                                                                        2                                                            area that has not previously
                                                                        3                                                            been        zoned          for     personal
                                                                        4                                                            wireless           service         facilities
                                                                        5                                                            (other than small personal
                                                                        6                                                            wireless service facilities), 90
                                                                        7                                                            days after the date on which
                                                                        8                                                            the complete request is re-
                                                                        9                                                            ceived by the government or
                                                                     10                                                              instrumentality; or
                                                                     11                                                                      ‘‘(BB) if the request is
                                                                     12                                                              for any other action relating
                                                                     13                                                              to such facility, 150 days
                                                                     14                                                              after the date on which the
                                                                     15                                                              complete request is received
                                                                     16                                                              by the government or instru-
                                                                     17                                                              mentality; and
                                                                     18                                                              ‘‘(bb) in the case of a small
                                                                     19                                                   personal wireless service facil-
                                                                     20                                                   ity—
                                                                     21                                                                      ‘‘(AA) if the request is
                                                                     22                                                              for authorization to place,
                                                                     23                                                              construct, or modify such fa-
                                                                     24                                                              cility on an eligible support



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                                                                        1                                                            area that has not previously
                                                                        2                                                            been        zoned          for     personal
                                                                        3                                                            wireless service facilities, 60
                                                                        4                                                            days after the date on which
                                                                        5                                                            the complete request is re-
                                                                        6                                                            ceived by the government or
                                                                        7                                                            instrumentality; or
                                                                        8                                                                    ‘‘(BB) if the request is
                                                                        9                                                            for any other action relating
                                                                     10                                                              to such facility, 90 days
                                                                     11                                                              after the date on which the
                                                                     12                                                              complete request is received
                                                                     13                                                              by the government or instru-
                                                                     14                                                              mentality.
                                                                     15                                                   ‘‘(II) TREATMENT OF BATCHED
                                                                     16                                          REQUESTS.—In                    the case of complete
                                                                     17                                          requests described in subclause (I)
                                                                     18                                          that are submitted as part of a single
                                                                     19                                          batch and received by the government
                                                                     20                                          or instrumentality on the same day,
                                                                     21                                          the applicable timeframe under such
                                                                     22                                          subclause for each request in the
                                                                     23                                          batch shall be the longest timeframe
                                                                     24                                          under such subclause that would be



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                                                                        1                                        if such requests were submitted sepa-
                                                                        2                                        rately.
                                                                        3                                                 ‘‘(III) APPLICABILITY.—The ap-
                                                                        4                                        plicable timeframe under subclause (I)
                                                                        5                                        shall apply collectively to all pro-
                                                                        6                                        ceedings required by a State or local
                                                                        7                                        government or instrumentality thereof
                                                                        8                                        for the approval of the request.
                                                                        9                                                 ‘‘(IV) NO                TOLLING.—A           time-
                                                                     10                                          frame under subclause (I) may not be
                                                                     11                                          tolled by any moratorium, whether ex-
                                                                     12                                          press or de facto, imposed by a State
                                                                     13                                          or local government or instrumentality
                                                                     14                                          thereof on the consideration of any re-
                                                                     15                                          quest for authorization to place, con-
                                                                     16                                          struct, or modify a personal wireless
                                                                     17                                          service facility.
                                                                     18                                                   ‘‘(V) TEMPORARY WAIVER.—The
                                                                     19                                          Commission may temporarily waive
                                                                     20                                          the applicability of subclause (I) for
                                                                     21                                          not longer than a single 30-day period
                                                                     22                                          for any complete request upon a dem-
                                                                     23                                          onstration by a State or local govern-
                                                                     24                                          ment or instrumentality thereof that



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                                                                        1                                        the public interest, convenience, and
                                                                        2                                        necessity.
                                                                        3                                        ‘‘(iv) DEEMED GRANTED.—
                                                                        4                                                 ‘‘(I) IN GENERAL.—If a State or
                                                                        5                                        local government or instrumentality
                                                                        6                                        thereof has neither granted nor denied
                                                                        7                                        a complete request within the applica-
                                                                        8                                        ble timeframe under subclause (I) of
                                                                        9                                        clause (iii), including any temporary
                                                                     10                                          waiver granted under subclause (V) of
                                                                     11                                          such clause, the request shall be
                                                                     12                                          deemed granted on the date on which
                                                                     13                                          the government or instrumentality re-
                                                                     14                                          ceives a written notice of the failure
                                                                     15                                          from the requesting party.
                                                                     16                                                   ‘‘(II)            RULE          OF        CONSTRUC-

                                                                     17                                          TION.—In the case of a request that

                                                                     18                                          is deemed granted under subclause
                                                                     19                                          (I), the placement, construction, or
                                                                     20                                          modification requested in the request
                                                                     21                                          shall be considered to be authorized,
                                                                     22                                          without any further action by the gov-
                                                                     23                                          ernment or instrumentality, beginning
                                                                     24                                          on the date on which the request is



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                                                                        1                                        ‘‘(v)           WRITTEN                 DECISION             AND

                                                                        2                                RECORD.—Any decision by a State or local

                                                                        3                                government or instrumentality thereof to
                                                                        4                                deny a request for authorization to place,
                                                                        5                                construct, or modify a personal wireless
                                                                        6                                service facility shall be—
                                                                        7                                                 ‘‘(I) in writing; and
                                                                        8                                                 ‘‘(II) supported by substantial
                                                                        9                                        evidence             contained             in          a   written
                                                                     10                                          record.
                                                                     11                                          ‘‘(vi) ENVIRONMENTAL EFFECTS OF
                                                                     12                                  RADIO FREQUENCY EMISSIONS.—No State

                                                                     13                                  or local government or instrumentality
                                                                     14                                  thereof may regulate the placement, con-
                                                                     15                                  struction, or modification of personal wire-
                                                                     16                                  less service facilities on the basis of the en-
                                                                     17                                  vironmental effects of radio frequency
                                                                     18                                  emissions to the extent that such facilities
                                                                     19                                  comply with the Commission’s regulations
                                                                     20                                  concerning such emissions.
                                                                     21                                          ‘‘(vii) FEES.—Notwithstanding any
                                                                     22                                  other provision of law, a State or local gov-
                                                                     23                                  ernment or instrumentality thereof may
                                                                     24                                  charge a fee to consider a request for au-



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                                                                        1                                personal wireless service facility, or a fee
                                                                        2                                for use of a right-of-way or a facility in a
                                                                        3                                right-of-way owned or managed by the gov-
                                                                        4                                ernment or instrumentality for the place-
                                                                        5                                ment, construction, or modification of a
                                                                        6                                personal wireless service facility, if the fee
                                                                        7                                is—
                                                                        8                                                 ‘‘(I) competitively neutral, tech-
                                                                        9                                        nology              neutral,          and         nondiscrim-
                                                                     10                                          inatory;
                                                                     11                                                   ‘‘(II) publicly disclosed;
                                                                     12                                                   ‘‘(III) calculated—
                                                                     13                                                              ‘‘(aa) based on actual and
                                                                     14                                                   direct costs, such as costs for—
                                                                     15                                                                      ‘‘(AA) review and proc-
                                                                     16                                                              essing of requests; and
                                                                     17                                                                      ‘‘(BB) repairs and re-
                                                                     18                                                              placement             of       components
                                                                     19                                                              and materials resulting from
                                                                     20                                                              and affected by the installa-
                                                                     21                                                              tion or improvement of per-
                                                                     22                                                              sonal wireless service facili-
                                                                     23                                                              ties, or repairs and replace-
                                                                     24                                                              ment of equipment that fa-



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                                                                        1                                                            improvement of such facili-
                                                                        2                                                            ties; and
                                                                        3                                                            ‘‘(bb) using, for purposes of
                                                                        4                                                 item (aa), only costs that are ob-
                                                                        5                                                 jectively reasonable; and
                                                                        6                                                 ‘‘(IV) described to a requesting
                                                                        7                                        party in a manner that distinguishes
                                                                        8                                        between—
                                                                        9                                                            ‘‘(aa) nonrecurring fees and
                                                                     10                                                   recurring fees; and
                                                                     11                                                              ‘‘(bb) the use of facilities on
                                                                     12                                                   which personal wireless service
                                                                     13                                                   facilities are already located and
                                                                     14                                                   those on which there are no per-
                                                                     15                                                   sonal wireless service facilities as
                                                                     16                                                   of the date on which the complete
                                                                     17                                                   request is received by the govern-
                                                                     18                                                   ment or instrumentality.
                                                                     19                                  ‘‘(C) JUDICIAL AND ADMINISTRATIVE RE-
                                                                     20                         VIEW.—

                                                                     21                                          ‘‘(i) JUDICIAL REVIEW.—Any person
                                                                     22                                  adversely affected by any final action or
                                                                     23                                  failure to act by a State or local govern-
                                                                     24                                  ment or any instrumentality thereof that is



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                                                                        1                                within 30 days after the action or failure
                                                                        2                                to act, commence an action in any court of
                                                                        3                                competent jurisdiction, which shall hear
                                                                        4                                and decide the action on an expedited
                                                                        5                                basis.
                                                                        6                                        ‘‘(ii) ADMINISTRATIVE REVIEW.—
                                                                        7                                                 ‘‘(I) IN GENERAL.—Any person
                                                                        8                                        adversely affected by any final action
                                                                        9                                        or failure to act by a State or local
                                                                     10                                          government or any instrumentality
                                                                     11                                          thereof that is inconsistent with this
                                                                     12                                          paragraph may petition the Commis-
                                                                     13                                          sion to order the government or in-
                                                                     14                                          strumentality to reconsider the action
                                                                     15                                          or failure to act.
                                                                     16                                                   ‘‘(II) PUBLIC NOTICE AND COM-
                                                                     17                                          MENT; TIMING.—Not                              later than 60
                                                                     18                                          days after receiving a petition under
                                                                     19                                          subclause (I), the Commission shall—
                                                                     20                                                              ‘‘(aa) provide public notice
                                                                     21                                                   of, and an opportunity for public
                                                                     22                                                   comment on, such petition; and
                                                                     23                                                              ‘‘(bb) grant or deny such pe-
                                                                     24                                                   tition.



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                                                                        1                                ‘‘(D) WHEN REQUEST CONSIDERED COM-
                                                                        2                       PLETE; RECEIVED.—

                                                                        3                                        ‘‘(i) WHEN                  REQUEST              CONSIDERED

                                                                        4                                COMPLETE.—

                                                                        5                                                 ‘‘(I) IN GENERAL.—For the pur-
                                                                        6                                        poses of this paragraph, a request to
                                                                        7                                        a State or local government or instru-
                                                                        8                                        mentality thereof shall be considered
                                                                        9                                        complete if the requesting party has
                                                                     10                                          not received a written notice from the
                                                                     11                                          government or instrumentality within
                                                                     12                                          10 business days after the date on
                                                                     13                                          which the request is received by the
                                                                     14                                          government or instrumentality—
                                                                     15                                                              ‘‘(aa) stating that all the in-
                                                                     16                                                   formation (including any form or
                                                                     17                                                   other document) required by the
                                                                     18                                                   government or instrumentality to
                                                                     19                                                   be submitted for the request to
                                                                     20                                                   be considered complete has not
                                                                     21                                                   been submitted; and
                                                                     22                                                              ‘‘(bb) identifying the infor-
                                                                     23                                                   mation required to be submitted
                                                                     24                                                   that was not submitted.



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                                                                        1                                                 ‘‘(II)            DEFINITION.—In              this
                                                                        2                                        clause, the term ‘received by the gov-
                                                                        3                                        ernment or instrumentality’ means—
                                                                        4                                                            ‘‘(aa) in the case of a re-
                                                                        5                                                 quest submitted electronically, on
                                                                        6                                                 the date on which the request is
                                                                        7                                                 transmitted;
                                                                        8                                                            ‘‘(bb) in the case of a re-
                                                                        9                                                 quest submitted in person, on the
                                                                     10                                                   date on which the request is de-
                                                                     11                                                   livered to the individual or at the
                                                                     12                                                   location specified by the govern-
                                                                     13                                                   ment or instrumentality for in-
                                                                     14                                                   person submission; and
                                                                     15                                                              ‘‘(cc) in the case of a re-
                                                                     16                                                   quest submitted in any other
                                                                     17                                                   manner, on the date determined
                                                                     18                                                   under regulations promulgated by
                                                                     19                                                   the Commission for the manner
                                                                     20                                                   in which the request is sub-
                                                                     21                                                   mitted.
                                                                     22                                          ‘‘(ii) WHEN COMPLETE REQUEST CON-
                                                                     23                                  SIDERED RECEIVED.—For the purposes of

                                                                     24                                  this paragraph, a complete request shall be



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                                                                        1                                the requesting party submits to the gov-
                                                                        2                                ernment or instrumentality all information
                                                                        3                                (including any form or other document) re-
                                                                        4                                quired by the government or instrumen-
                                                                        5                                tality to be submitted for the request to be
                                                                        6                                considered complete.
                                                                        7                                ‘‘(E) DEFINITIONS.—In this paragraph:
                                                                        8                                        ‘‘(i) ANTENNA.—The term ‘antenna’
                                                                        9                                means an apparatus designed for the pur-
                                                                     10                                  pose of emitting radiofrequency radiation,
                                                                     11                                  to be operated or operating from a fixed
                                                                     12                                  location for the transmission of writing,
                                                                     13                                  signs, signals, data, images, pictures, and
                                                                     14                                  sounds of all kinds.
                                                                     15                                          ‘‘(ii) COMMUNICATIONS NETWORK.—
                                                                     16                                  The term ‘communications network’ means
                                                                     17                                  a network used to provide a communica-
                                                                     18                                  tions service.
                                                                     19                                          ‘‘(iii) COMMUNICATIONS                             SERVICE.—

                                                                     20                                  The           term           ‘communications                   service’
                                                                     21                                  means—
                                                                     22                                                   ‘‘(I) cable service, as defined in
                                                                     23                                          section 602;
                                                                     24                                                   ‘‘(II) information service;



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                                                                        1                                                 ‘‘(III) telecommunications serv-
                                                                        2                                        ice; and
                                                                        3                                                 ‘‘(IV) personal wireless service.
                                                                        4                                        ‘‘(iv)         ELIGIBLE              SUPPORT           STRUC-

                                                                        5                                TURE.—The                   term ‘eligible support struc-
                                                                        6                                ture’ means a tower, base station, or other
                                                                        7                                structure that supports a personal wireless
                                                                        8                                service facility at the time when a complete
                                                                        9                                request to a State or local government or
                                                                     10                                  instrumentality thereof for authorization to
                                                                     11                                  place, construct, or modify a personal wire-
                                                                     12                                  less service facility on the structure is re-
                                                                     13                                  ceived by the government or instrumen-
                                                                     14                                  tality.
                                                                     15                                          ‘‘(v)               GENERALLY                     APPLICABLE

                                                                     16                                  CODE.—The                   term ‘generally applicable
                                                                     17                                  code’ means a uniform building, fire, elec-
                                                                     18                                  trical, plumbing, or mechanical code adopt-
                                                                     19                                  ed by a national code organization, or a
                                                                     20                                  local amendment to such a code, to the ex-
                                                                     21                                  tent not inconsistent with this Act.
                                                                     22                                          ‘‘(vi)          NETWORK                INTERFACE          DE-

                                                                     23                                  VICE.—The term ‘network interface device’

                                                                     24                                  means a telecommunications demarcation



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                                                                        1                                                 ‘‘(I) is adjacent or proximate
                                                                        2                                        to—
                                                                        3                                                            ‘‘(aa) a small personal wire-
                                                                        4                                                 less service facility; or
                                                                        5                                                            ‘‘(bb) a structure supporting
                                                                        6                                                 a small personal wireless service
                                                                        7                                                 facility; and
                                                                        8                                                 ‘‘(II) demarcates the boundary
                                                                        9                                        with any wireline backhaul facility.
                                                                     10                                          ‘‘(vii) PERSONAL                       WIRELESS        SERV-

                                                                     11                                  ICE.—The term ‘personal wireless service’

                                                                     12                                  means—
                                                                     13                                                   ‘‘(I) commercial mobile service;
                                                                     14                                                   ‘‘(II) commercial mobile data
                                                                     15                                          service (as defined in section 6001 of
                                                                     16                                          the Middle Class Tax Relief and Job
                                                                     17                                          Creation Act of 2012 (47 U.S.C.
                                                                     18                                          1401));
                                                                     19                                                   ‘‘(III) unlicensed wireless service;
                                                                     20                                          and
                                                                     21                                                   ‘‘(IV) common carrier wireless
                                                                     22                                          exchange access service.
                                                                     23                                          ‘‘(viii) PERSONAL WIRELESS SERVICE
                                                                     24                                  FACILITY.—The                      term ‘personal wireless



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                                                                        1                                service facility’ means a facility for the
                                                                        2                                provision of personal wireless service.
                                                                        3                                        ‘‘(ix) SMALL                   PERSONAL                WIRELESS

                                                                        4                                SERVICE FACILITY.—The term ‘small per-

                                                                        5                                sonal wireless service facility’—
                                                                        6                                                 ‘‘(I) means a personal wireless
                                                                        7                                        service facility in which each antenna
                                                                        8                                        is not more than 3 cubic feet in vol-
                                                                        9                                        ume; and
                                                                     10                                                   ‘‘(II) does not include a wireline
                                                                     11                                          backhaul facility.
                                                                     12                                          ‘‘(x) UNLICENSED                        WIRELESS          SERV-

                                                                     13                                  ICE.—The               term ‘unlicensed wireless serv-
                                                                     14                                  ice’—
                                                                     15                                                   ‘‘(I) means the offering of tele-
                                                                     16                                          communications service using a duly
                                                                     17                                          authorized device that does not re-
                                                                     18                                          quire an individual license; and
                                                                     19                                                   ‘‘(II) does not include the provi-
                                                                     20                                          sion of direct-to-home satellite serv-
                                                                     21                                          ices, as defined in section 303(v).
                                                                     22                                          ‘‘(xi) WIRELINE                     BACKHAUL             FACIL-

                                                                     23                                  ITY.—The term ‘wireline backhaul facility’

                                                                     24                                  means an above-ground or underground



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                                                                        1                                 nications service or other electronic com-
                                                                        2                                 munications from a small personal wireless
                                                                        3                                 service facility or the adjacent network
                                                                        4                                 interface device of such facility to a com-
                                                                        5                                 munications network.’’.
                                                                        6        SEC. 202. BROADBAND LEADERSHIP.

                                                                        7               Section 253 of the Communications Act of 1934 (47
                                                                        8 U.S.C. 253) is amended to read as follows:
                                                                        9        ‘‘SEC. 253. REMOVAL OF BARRIERS TO ENTRY.

                                                                     10                 ‘‘(a) IN GENERAL.—No State or local statute or reg-
                                                                     11 ulation, or other State or local legal requirement, may pro-
                                                                     12 hibit or have the effect of prohibiting the ability of any
                                                                     13 entity to provide or enhance any interstate or intrastate
                                                                     14 telecommunications service.
                                                                     15                 ‘‘(b) PLACEMENT, CONSTRUCTION, OR MODIFICA-
                                                                     16          TION OF TELECOMMUNICATIONS SERVICE FACILITIES.—

                                                                     17                          ‘‘(1) PROHIBITION                      ON        UNREASONABLE           DIS-

                                                                     18                 CRIMINATION AMONG PROVIDERS OF FUNCTIONALLY

                                                                     19                 EQUIVALENT                    SERVICES.—The                   regulation of the
                                                                     20                 placement, construction, or modification of a tele-
                                                                     21                 communications service facility by any State or local
                                                                     22                 government or instrumentality thereof shall not un-
                                                                     23                 reasonably discriminate among providers of function-
                                                                     24                 ally equivalent services.



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                                                                        1                       ‘‘(2) TIMEFRAME                      TO       GRANT             OR      DENY   RE-

                                                                        2              QUESTS.—

                                                                        3                                ‘‘(A) IN GENERAL.—A State or local gov-
                                                                        4                       ernment or instrumentality thereof shall grant
                                                                        5                       or deny a complete request for authorization to
                                                                        6                       place, construct, or modify a telecommuni-
                                                                        7                       cations service facility not later than—
                                                                        8                                        ‘‘(i) if the request is for authorization
                                                                        9                                to place, construct, or modify such facility
                                                                     10                                  in or on eligible support infrastructure, 90
                                                                     11                                  days after the date on which the complete
                                                                     12                                  request is received by the government or
                                                                     13                                  instrumentality; or
                                                                     14                                          ‘‘(ii) for any other action relating to
                                                                     15                                  such facility, 150 days after the date on
                                                                     16                                  which the complete request is received by
                                                                     17                                  the government or instrumentality.
                                                                     18                                  ‘‘(B)          APPLICABILITY.—The                              applicable
                                                                     19                         timeframe under subparagraph (A) shall apply
                                                                     20                         collectively to all proceedings required by a
                                                                     21                         State or local government or instrumentality
                                                                     22                         thereof for the approval of the request.
                                                                     23                                  ‘‘(C) NO TOLLING.—A timeframe under
                                                                     24                         subparagraph (A) may not be tolled by any



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                                                                        1                       posed by a State or local government or instru-
                                                                        2                       mentality thereof on the consideration of any
                                                                        3                       request for authorization to place, construct, or
                                                                        4                       modify a telecommunications service facility.
                                                                        5                                ‘‘(D) TEMPORARY WAIVER.—The Commis-
                                                                        6                       sion may temporarily waive the applicability of
                                                                        7                       subparagraph (A) for not longer than a single
                                                                        8                       30-day period for any complete request upon a
                                                                        9                       demonstration by a State or local government
                                                                     10                         or instrumentality thereof that the waiver would
                                                                     11                         be consistent with the public interest, conven-
                                                                     12                         ience, and necessity.
                                                                     13                         ‘‘(3) DEEMED GRANTED.—
                                                                     14                                  ‘‘(A) IN GENERAL.—If a State or local
                                                                     15                         government or instrumentality thereof has nei-
                                                                     16                         ther granted nor denied a complete request
                                                                     17                         within the applicable timeframe under para-
                                                                     18                         graph (2), the request shall be deemed granted
                                                                     19                         on the date on which the government or instru-
                                                                     20                         mentality receives a written notice of the failure
                                                                     21                         from the requesting party.
                                                                     22                                  ‘‘(B) RULE                  OF CONSTRUCTION.—In                the
                                                                     23                         case of a request that is deemed granted under
                                                                     24                         subparagraph (A), the placement, construction,



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                                                                        1                       be considered to be authorized, without any fur-
                                                                        2                       ther action by the government or instrumen-
                                                                        3                       tality, beginning on the date on which such re-
                                                                        4                       quest is deemed granted under such subpara-
                                                                        5                       graph.
                                                                        6                       ‘‘(4) WRITTEN DECISION AND RECORD.—Any
                                                                        7              decision by a State or local government or instru-
                                                                        8              mentality thereof to deny a request to place, con-
                                                                        9              struct, or modify a telecommunications service facil-
                                                                     10                ity shall be—
                                                                     11                                  ‘‘(A) in writing; and
                                                                     12                                  ‘‘(B) supported by substantial evidence
                                                                     13                         contained in a written record.
                                                                     14                         ‘‘(5) FEES.—
                                                                     15                                  ‘‘(A) IN GENERAL.—Notwithstanding any
                                                                     16                         other provision of law, a State or local govern-
                                                                     17                         ment or instrumentality thereof may charge a
                                                                     18                         fee that meets the requirements under subpara-
                                                                     19                         graph (B)—
                                                                     20                                          ‘‘(i) to consider a request for author-
                                                                     21                                  ization to place, construct, or modify a
                                                                     22                                  telecommunications service facility; or
                                                                     23                                          ‘‘(ii) for use of a right-of-way or a fa-
                                                                     24                                  cility in a right-of-way owned or managed



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                                                                        1                                the placement, construction, or modifica-
                                                                        2                                tion of a telecommunications service facil-
                                                                        3                                ity.
                                                                        4                                ‘‘(B)        REQUIREMENTS.—A                            fee     charged
                                                                        5                       under subparagraph (A) shall be—
                                                                        6                                        ‘‘(i) competitively neutral, technology
                                                                        7                                neutral, and nondiscriminatory;
                                                                        8                                        ‘‘(ii) publicly disclosed;
                                                                        9                                        ‘‘(iii) calculated—
                                                                     10                                                   ‘‘(I) based on actual and direct
                                                                     11                                          costs, such as costs for—
                                                                     12                                                              ‘‘(aa) review and processing
                                                                     13                                                   of requests; and
                                                                     14                                                              ‘‘(bb) repairs and replace-
                                                                     15                                                   ment of—
                                                                     16                                                                      ‘‘(AA) components and
                                                                     17                                                              materials resulting from and
                                                                     18                                                              affected by the installation
                                                                     19                                                              or      improvement                of   tele-
                                                                     20                                                              communications service fa-
                                                                     21                                                              cilities; or
                                                                     22                                                                      ‘‘(BB) equipment that
                                                                     23                                                              facilitates the installation or
                                                                     24                                                              improvement of such facili-



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                                                                        1                                                 ‘‘(II) using, for purposes of sub-
                                                                        2                                        clause (I), only costs that are objec-
                                                                        3                                        tively reasonable; and
                                                                        4                                        ‘‘(iv) described to a requesting party
                                                                        5                                in a manner that distinguishes between—
                                                                        6                                                 ‘‘(I) nonrecurring fees and recur-
                                                                        7                                        ring fees; and
                                                                        8                                                 ‘‘(II) the use of facilities on
                                                                        9                                        which telecommunications service fa-
                                                                     10                                          cilities are already located and those
                                                                     11                                          on which there are no telecommuni-
                                                                     12                                          cations service facilities as of the date
                                                                     13                                          on which the complete request is re-
                                                                     14                                          ceived by the government or instru-
                                                                     15                                          mentality.
                                                                     16                ‘‘(c) JUDICIAL REVIEW.—
                                                                     17                         ‘‘(1) IN GENERAL.—Any person adversely af-
                                                                     18                fected by a final action or failure to act by a State
                                                                     19                or local government or instrumentality thereof that
                                                                     20                is inconsistent with this section may, not later than
                                                                     21                30 days after the action or failure to act, commence
                                                                     22                an action in any court of competent jurisdiction.
                                                                     23                         ‘‘(2) TIMING.—A court shall hear and decide an
                                                                     24                action described in paragraph (1) on an expedited



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                                                                     25                basis.


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                                                                        1               ‘‘(d) PRESERVATION OF STATE REGULATORY AU-
                                                                        2        THORITY.—Nothing in this section shall affect the ability

                                                                        3 of a State to impose, on a competitively neutral and non-
                                                                        4 discriminatory basis and consistent with section 254, re-
                                                                        5 quirements necessary to preserve and advance universal
                                                                        6 service, protect the public safety and welfare, ensure the
                                                                        7 continued quality of telecommunications services, and
                                                                        8 safeguard the rights of consumers.
                                                                        9               ‘‘(e) PRESERVATION OF STATE AND LOCAL GOVERN-
                                                                     10          MENT AUTHORITY.—Nothing in this section affects the

                                                                     11 authority of a State or local government or instrumen-
                                                                     12 tality thereof to manage the public rights-of-way or to re-
                                                                     13 quire fair and reasonable compensation from telecommuni-
                                                                     14 cations providers, on a competitively neutral and non-
                                                                     15 discriminatory basis, for use of public rights-of-way on a
                                                                     16 competitively neutral and nondiscriminatory basis, if the
                                                                     17 compensation required meets the requirements of sub-
                                                                     18 section (b)(5).
                                                                     19                 ‘‘(f) PREEMPTION.—
                                                                     20                          ‘‘(1) IN GENERAL.—If, after notice and an op-
                                                                     21                 portunity for public comment, the Commission deter-
                                                                     22                 mines that a State or local government or instru-
                                                                     23                 mentality thereof has permitted or imposed any stat-
                                                                     24                 ute, regulation, or legal requirement that violates or



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                                                                     25                 is inconsistent with this section, the Commission


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                                                                        1              shall preempt the enforcement of such statute, regu-
                                                                        2              lation, or legal requirement to the extent necessary
                                                                        3              to correct such violation or inconsistency.
                                                                        4                       ‘‘(2) TIMING.—Not later than 60 days after re-
                                                                        5              ceiving a petition for preemption of the enforcement
                                                                        6              of a statute, regulation, or legal requirement as de-
                                                                        7              scribed in paragraph (1), the Commission shall
                                                                        8              grant or deny the petition.
                                                                        9              ‘‘(g) COMMERCIAL MOBILE SERVICE PROVIDERS.—
                                                                     10 Nothing in this section shall affect the application of sec-
                                                                     11 tion 332(c)(3) to commercial mobile service providers.
                                                                     12                ‘‘(h) RURAL MARKETS.—It shall not be a violation
                                                                     13 of this section for a State to require a telecommunications
                                                                     14 carrier that seeks to provide telephone exchange service
                                                                     15 or exchange access in a service area served by a rural tele-
                                                                     16 phone company to meet the requirements in section
                                                                     17 214(e)(1) for designation as an eligible telecommuni-
                                                                     18 cations carrier for that area before being permitted to pro-
                                                                     19 vide such service. This subsection shall not apply—
                                                                     20                         ‘‘(1) to a service area served by a rural tele-
                                                                     21                phone company that has obtained an exemption, sus-
                                                                     22                pension, or modification of section 251(c)(4) that ef-
                                                                     23                fectively prevents a competitor from meeting the re-
                                                                     24                quirements of section 214(e)(1); and



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                                                                        1                       ‘‘(2) to a provider of commercial mobile serv-
                                                                        2              ices.
                                                                        3              ‘‘(i) WHEN REQUEST CONSIDERED COMPLETE; RE-
                                                                        4        CEIVED.—

                                                                        5                       ‘‘(1)        WHEN               REQUEST             CONSIDERED          COM-

                                                                        6              PLETE.—

                                                                        7                                ‘‘(A) IN GENERAL.—For the purposes of
                                                                        8                       this section, a request to a State or local gov-
                                                                        9                       ernment or instrumentality thereof shall be con-
                                                                     10                         sidered complete if the requesting party has not
                                                                     11                         received a written notice from the government
                                                                     12                         or instrumentality within 10 business days after
                                                                     13                         the date on which the request is received by the
                                                                     14                         government or instrumentality—
                                                                     15                                          ‘‘(i) stating that all the information
                                                                     16                                  (including any form or other document) re-
                                                                     17                                  quired by the government or instrumen-
                                                                     18                                  tality to be submitted for the request to be
                                                                     19                                  considered complete has not been sub-
                                                                     20                                  mitted; and
                                                                     21                                          ‘‘(ii) identifying the information re-
                                                                     22                                  quired to be submitted that was not sub-
                                                                     23                                  mitted.




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                                                                        1                                ‘‘(B) DEFINITION.—In this paragraph, the
                                                                        2                       term ‘received by the government or instrumen-
                                                                        3                       tality’ means—
                                                                        4                                        ‘‘(i) in the case of a request submitted
                                                                        5                                electronically, on the date on which the re-
                                                                        6                                quest is transmitted;
                                                                        7                                        ‘‘(ii) in the case of a request sub-
                                                                        8                                mitted in person, on the date on which the
                                                                        9                                request is delivered to the individual or at
                                                                     10                                  the location specified by the government or
                                                                     11                                  instrumentality for in-person submission;
                                                                     12                                  and
                                                                     13                                          ‘‘(iii) in the case of a request sub-
                                                                     14                                  mitted in any other manner, on the date
                                                                     15                                  determined under regulations promulgated
                                                                     16                                  by the Commission for the manner in
                                                                     17                                  which the request is submitted.
                                                                     18                         ‘‘(2) WHEN COMPLETE REQUEST CONSIDERED
                                                                     19                RECEIVED.—For the purposes of this section, a com-

                                                                     20                plete request shall be considered received on the date
                                                                     21                on which the requesting party submits to the govern-
                                                                     22                ment or instrumentality all information (including
                                                                     23                any form or other document) required by the govern-
                                                                     24                ment or instrumentality to be submitted for the re-



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                                                                     25                quest to be considered complete.


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                                                                        1               ‘‘(j) DEFINITIONS.—In this section:
                                                                        2                        ‘‘(1) ELIGIBLE SUPPORT INFRASTRUCTURE.—
                                                                        3               The term ‘eligible support infrastructure’ means in-
                                                                        4               frastructure that supports or houses a facility for
                                                                        5               communication by wire (or is designed to and capa-
                                                                        6               ble of supporting or housing such a facility) at the
                                                                        7               time when a complete request to a State or local
                                                                        8               government or instrumentality thereof for authoriza-
                                                                        9               tion to place, construct, or modify a telecommuni-
                                                                     10                 cations service facility in or on the infrastructure is
                                                                     11                 received by the government or instrumentality.
                                                                     12                          ‘‘(2) TELECOMMUNICATIONS                                  SERVICE       FACIL-

                                                                     13                 ITY.—The term ‘telecommunications service facility’

                                                                     14                 means a facility for the provision of any interstate
                                                                     15                 or intrastate telecommunications service.’’.
                                                                     16          SEC. 203. CABLE LEADERSHIP.

                                                                     17                 Section 621 of the Communications Act of 1934 (47
                                                                     18 U.S.C. 541) is amended by adding at the end the fol-
                                                                     19 lowing:
                                                                     20                 ‘‘(g) TIMING OF DECISION ON REQUEST FOR FRAN-
                                                                     21          CHISE.—

                                                                     22                          ‘‘(1) IN GENERAL.—Not later than 120 days
                                                                     23                 after the date on which a franchising authority re-
                                                                     24                 ceives a complete request for the grant of a fran-



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                                                                        1              chise (other than a renewal thereof), the franchising
                                                                        2              authority shall approve or deny such request.
                                                                        3                       ‘‘(2) DEEMED GRANT OF NEW FRANCHISE.—If
                                                                        4              the franchising authority does not approve or deny
                                                                        5              a request under paragraph (1) by the day after the
                                                                        6              date on which the time period ends under such para-
                                                                        7              graph, such request shall be deemed granted on such
                                                                        8              day.
                                                                        9                       ‘‘(3)        APPLICABILITY.—Notwithstanding                             any
                                                                     10                provision of this title, the timeframe under para-
                                                                     11                graph (1) shall apply collectively to all proceedings
                                                                     12                required by a franchising authority for the approval
                                                                     13                of the request.
                                                                     14                         ‘‘(4) NO TOLLING.—A timeframe under para-
                                                                     15                graph (1) may not be tolled by any moratorium,
                                                                     16                whether express or de facto, imposed by a fran-
                                                                     17                chising authority on the consideration of any request
                                                                     18                for a franchise.
                                                                     19                         ‘‘(5) WRITTEN DECISION AND RECORD.—Any
                                                                     20                decision by a franchising authority to deny a com-
                                                                     21                plete request for a franchise shall be—
                                                                     22                                  ‘‘(A) in writing;
                                                                     23                                  ‘‘(B) supported by substantial evidence
                                                                     24                         contained in a written record; and



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                                                                        1                                ‘‘(C) publicly released, contemporaneously
                                                                        2                       with the decision.
                                                                        3                       ‘‘(6) WHEN REQUEST CONSIDERED COMPLETE;
                                                                        4              RECEIVED.—

                                                                        5                                ‘‘(A) WHEN REQUEST CONSIDERED COM-
                                                                        6                       PLETE.—

                                                                        7                                        ‘‘(i) IN GENERAL.—For the purposes
                                                                        8                                of this subsection, a request to a fran-
                                                                        9                                chising authority shall be considered com-
                                                                     10                                  plete if the requesting party has not re-
                                                                     11                                  ceived a written notice from the fran-
                                                                     12                                  chising authority within 10 business days
                                                                     13                                  after the date on which the request is re-
                                                                     14                                  ceived by the franchising authority—
                                                                     15                                                   ‘‘(I) stating that all the informa-
                                                                     16                                          tion (including any form or other doc-
                                                                     17                                          ument) required by the franchising
                                                                     18                                          authority to be submitted for the re-
                                                                     19                                          quest to be considered complete has
                                                                     20                                          not been submitted; and
                                                                     21                                                   ‘‘(II) identifying the information
                                                                     22                                          required to be submitted that was not
                                                                     23                                          submitted.




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                                                                        1                                        ‘‘(ii) DEFINITION.—In this paragraph,
                                                                        2                                the term ‘received by the franchising au-
                                                                        3                                thority’ means—
                                                                        4                                                 ‘‘(I) in the case of a request sub-
                                                                        5                                        mitted electronically, on the date on
                                                                        6                                        which the request is transmitted;
                                                                        7                                                 ‘‘(II) in the case of a request
                                                                        8                                        submitted in person, on the date on
                                                                        9                                        which the request is delivered to the
                                                                     10                                          individual or at the location specified
                                                                     11                                          by franchising authority for in-person
                                                                     12                                          submission; and
                                                                     13                                                   ‘‘(III) in the case of a request
                                                                     14                                          submitted in any other manner, on
                                                                     15                                          the date determined under regulations
                                                                     16                                          promulgated by the Commission for
                                                                     17                                          the manner in which the request is
                                                                     18                                          submitted.
                                                                     19                                  ‘‘(B) WHEN COMPLETE REQUEST CONSID-
                                                                     20                         ERED RECEIVED.—For                              the purposes of this
                                                                     21                         subsection, a complete request shall be consid-
                                                                     22                         ered received on the date on which the request-
                                                                     23                         ing party submits to the franchising authority
                                                                     24                         all information (including any form or other



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                                                                        1                        to be submitted for the request to be considered
                                                                        2                        complete.’’.
                                                                        3        SEC. 204. CABLE EXPANSION.

                                                                        4               Section 624 of the Communications Act of 1934 (47
                                                                        5 U.S.C. 544) is amended by adding at the end the fol-
                                                                        6 lowing:
                                                                        7               ‘‘(j) REQUEST REGARDING PLACEMENT, CONSTRUC-
                                                                        8        TION, OR MODIFICATION OF CERTAIN FACILITIES.—

                                                                        9                        ‘‘(1) NO             AFFECT ON AUTHORITY OF FRAN-

                                                                     10                 CHISING AUTHORITY.—Except as provided in para-

                                                                     11                 graph (2), and notwithstanding any other provision
                                                                     12                 of this section, nothing in this title shall limit or af-
                                                                     13                 fect the authority of a franchising authority over de-
                                                                     14                 cisions regarding the placement, construction, and
                                                                     15                 modification of a covered facility within the jurisdic-
                                                                     16                 tion of such franchising authority.
                                                                     17                          ‘‘(2) LIMITATIONS.—
                                                                     18                                   ‘‘(A) ABILITY TO PROVIDE OR ENHANCE
                                                                     19                          CABLE SERVICE.—The regulation of the place-

                                                                     20                          ment, construction, or modification of a covered
                                                                     21                          facility by a franchising authority shall not pro-
                                                                     22                          hibit or have the effect of prohibiting the ability
                                                                     23                          of a cable operator to provide cable service, or
                                                                     24                          enhance cable service provided, under a fran-



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                                                                     25                          chise granted by such franchising authority.


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                                                                        1                                ‘‘(B) TIMING OF DECISIONS ON REQUESTS
                                                                        2                       FOR AUTHORIZATIONS TO PLACE, CONSTRUCT,

                                                                        3                       OR MODIFY FACILITY.—

                                                                        4                                        ‘‘(i) REQUEST                   FOR AUTHORIZATION

                                                                        5                                TO PLACE, CONSTRUCT, OR MODIFY FACIL-

                                                                        6                                ITY.—

                                                                        7                                                 ‘‘(I) TIMEFRAME.—A franchising
                                                                        8                                        authority shall approve or deny a
                                                                        9                                        complete request for authorization to
                                                                     10                                          place, construct, or modify a covered
                                                                     11                                          facility not later than—
                                                                     12                                                              ‘‘(aa) if the request is for
                                                                     13                                                   authorization to place, construct,
                                                                     14                                                   or modify a covered facility in or
                                                                     15                                                   on an eligible support infrastruc-
                                                                     16                                                   ture, 90 days after the date on
                                                                     17                                                   which the franchising authority
                                                                     18                                                   receives the request; and
                                                                     19                                                              ‘‘(bb) if the request is not
                                                                     20                                                   for authorization to place, con-
                                                                     21                                                   struct modify a covered facility in
                                                                     22                                                   or on an eligible support infra-
                                                                     23                                                   structure, 150 days after the
                                                                     24                                                   date on which franchising author-



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                                                                        1                                                 ‘‘(II) APPLICABILITY.—Notwith-
                                                                        2                                        standing any provision of this title,
                                                                        3                                        the applicable timeframe under sub-
                                                                        4                                        paragraph (A) shall apply collectively
                                                                        5                                        to all proceedings required by a fran-
                                                                        6                                        chising authority for the approval of
                                                                        7                                        the request.
                                                                        8                                                 ‘‘(III) NO               TOLLING.—A           time-
                                                                        9                                        frame under subparagraph (A) may
                                                                     10                                          not be tolled by any moratorium,
                                                                     11                                          whether express or de facto, imposed
                                                                     12                                          by a franchising authority on the con-
                                                                     13                                          sideration of any request for author-
                                                                     14                                          ization to place, construct, or modify
                                                                     15                                          a facility for the provision of cable
                                                                     16                                          service.
                                                                     17                                                   ‘‘(IV) WRITTEN                        DECISION AND

                                                                     18                                          RECORD.—Any                     decision by a fran-
                                                                     19                                          chising authority to deny a complete
                                                                     20                                          request for authorization to place,
                                                                     21                                          construct, or modify a covered facility
                                                                     22                                          shall be—
                                                                     23                                                              ‘‘(aa) in writing;




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                                                                        1                                                            ‘‘(bb) supported by substan-
                                                                        2                                                 tial evidence contained in a writ-
                                                                        3                                                 ten record; and
                                                                        4                                                            ‘‘(cc) publicly released, con-
                                                                        5                                                 temporaneously with the decision.
                                                                        6                                ‘‘(C) WHEN REQUEST CONSIDERED COM-
                                                                        7                       PLETE; RECEIVED.—

                                                                        8                                        ‘‘(i) WHEN                  REQUEST              CONSIDERED

                                                                        9                                COMPLETE.—

                                                                     10                                                   ‘‘(I) IN GENERAL.—For the pur-
                                                                     11                                          poses of this subparagraph (B), a re-
                                                                     12                                          quest to a franchising authority shall
                                                                     13                                          be considered complete if the request-
                                                                     14                                          ing party has not received a written
                                                                     15                                          notice from the franchising authority
                                                                     16                                          within 10 business days after the date
                                                                     17                                          on which the request is received by
                                                                     18                                          the franchising authority—
                                                                     19                                                              ‘‘(aa) stating that all the in-
                                                                     20                                                   formation (including any form or
                                                                     21                                                   other document) required by the
                                                                     22                                                   franchising authority to be sub-
                                                                     23                                                   mitted for the request to be con-
                                                                     24                                                   sidered complete has not been



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                                                                        1                                                            ‘‘(bb) identifying the infor-
                                                                        2                                                 mation required to be submitted
                                                                        3                                                 that was not submitted.
                                                                        4                                                 ‘‘(II)            DEFINITION.—In              this
                                                                        5                                        clause, the term ‘received by the fran-
                                                                        6                                        chising authority’ means—
                                                                        7                                                            ‘‘(aa) in the case of a re-
                                                                        8                                                 quest submitted electronically, on
                                                                        9                                                 the date on which the request is
                                                                     10                                                   transmitted;
                                                                     11                                                              ‘‘(bb) in the case of a re-
                                                                     12                                                   quest submitted in person, on the
                                                                     13                                                   date on which the request is de-
                                                                     14                                                   livered to the individual or at the
                                                                     15                                                   location specified by the fran-
                                                                     16                                                   chising authority for in-person
                                                                     17                                                   submission; and
                                                                     18                                                              ‘‘(cc) in the case of a re-
                                                                     19                                                   quest submitted in any other
                                                                     20                                                   manner, on the date determined
                                                                     21                                                   under regulations promulgated by
                                                                     22                                                   the Commission for the manner
                                                                     23                                                   in which the request is sub-
                                                                     24                                                   mitted.



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                                                                        1                                        ‘‘(ii) WHEN COMPLETE REQUEST CON-
                                                                        2                                SIDERED RECEIVED.—For the purposes of

                                                                        3                                subparagraph (B), a complete request shall
                                                                        4                                be considered received on the date on
                                                                        5                                which the requesting party submits to the
                                                                        6                                franchising authority all information (in-
                                                                        7                                cluding any form or other document) re-
                                                                        8                                quired by the franchising authority to be
                                                                        9                                submitted for the request to be considered
                                                                     10                                  complete.
                                                                     11                                  ‘‘(D) DEFINITIONS.—In this subsection:
                                                                     12                                          ‘‘(i) ELIGIBLE SUPPORT INFRASTRUC-
                                                                     13                                  TURE.—The                   term ‘eligible support infra-
                                                                     14                                  structure’ means infrastructure that sup-
                                                                     15                                  ports or houses a facility for communica-
                                                                     16                                  tion by wire (or is designed to and capable
                                                                     17                                  of supporting or housing such facility) at
                                                                     18                                  the time when a complete request to a
                                                                     19                                  franchising authority for authorization to
                                                                     20                                  place, construct, or modify a covered facil-
                                                                     21                                  ity in or on the infrastructure is received
                                                                     22                                  by the franchising authority.
                                                                     23                                          ‘‘(ii) COVERED FACILITY.—The term
                                                                     24                                  ‘covered facility’ means a facility—



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                                                                        1                                                  ‘‘(I) for the provision of cable
                                                                        2                                         service; and
                                                                        3                                                  ‘‘(II)        that         serves         subscribers
                                                                        4                                         using an easement or public right-of-
                                                                        5                                         way.’’.
                                                                        6        SEC. 205. CABLE COMPETITION.

                                                                        7               (a) IN GENERAL.—Section 627 of the Communica-
                                                                        8 tions Act of 1934 (47 U.S.C. 547) is amended to read:
                                                                        9        ‘‘SEC. 627. CONDITIONS OF SALE OR TRANSFER.

                                                                     10                 ‘‘(a) VALUE OF CABLE SYSTEM UPON SALE OR
                                                                     11 TRANSFER.—
                                                                     12                          ‘‘(1)       AFTER               DENIAL          OF       FRANCHISE         RE-

                                                                     13                 NEWAL.—If a renewal of a franchise held by a cable

                                                                     14                 operator is denied and the franchising authority ac-
                                                                     15                 quires ownership of the cable system or effects a
                                                                     16                 transfer of ownership of the system to another per-
                                                                     17                 son, any such acquisition or transfer shall be at fair
                                                                     18                 market value, determined on the basis of the cable
                                                                     19                 system valued as a going concern but with no value
                                                                     20                 allocated to the franchise itself.
                                                                     21                          ‘‘(2) AFTER REVOCATION OF FRANCHISE FOR
                                                                     22                 CAUSE.—If a franchise held by a cable operator is

                                                                     23                 revoked for cause and the franchising authority ac-
                                                                     24                 quires ownership of the cable system or effects a



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                                                                     25                 transfer of ownership of the system to another per-


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                                                                        1              son, any such acquisition or transfer shall be at fair
                                                                        2              market value.
                                                                        3              ‘‘(b) LIMITATIONS ON AUTHORITY OF FRANCHISING
                                                                        4 AUTHORITY WITH RESPECT TO TRANSFER OF FRAN-
                                                                        5        CHISE.—

                                                                        6                       ‘‘(1) IN             GENERAL.—A                  franchising authority
                                                                        7              may not—
                                                                        8                                ‘‘(A) preclude a cable operator from trans-
                                                                        9                       ferring a franchise to a person to which such
                                                                     10                         franchise was not initially granted; or
                                                                     11                                  ‘‘(B) require a cable operator to which a
                                                                     12                         franchise is initially granted to receive approval
                                                                     13                         from the franchising authority for the transfer
                                                                     14                         of such franchise to a person who to which such
                                                                     15                         franchise was not initially granted.
                                                                     16                         ‘‘(2) NOTIFICATION.—In the case of the trans-
                                                                     17                fer of a franchise to a person to which such fran-
                                                                     18                chise was not originally granted, a franchising au-
                                                                     19                thority may require a cable operator to which a fran-
                                                                     20                chise was initially granted to, not later than 15 days
                                                                     21                after a transfer of a franchise, notify the franchising
                                                                     22                authority in writing of such transfer.
                                                                     23                         ‘‘(3) TRANSFER DEFINED.—In this subsection,
                                                                     24                the term ‘transfer’ means the assignment rights



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                                                                        1               a merger, sale, assignment, restructuring, or trans-
                                                                        2               fer of control of a cable operator or a cable sys-
                                                                        3               tem.’’.
                                                                        4               (b) EFFECTIVE DATE.—This section, and the amend-
                                                                        5 ments made by subsection (a), shall take effect 6 months
                                                                        6 after the date of the enactment of this Act.
                                                                        7               (c) APPLICATION.—This section, and the amendment
                                                                        8 made by subsection (a), shall apply to a franchise grant-
                                                                        9 ed—
                                                                     10                          (1) on or after the effective date established by
                                                                     11                 subsection (b); or
                                                                     12                          (2) before such date, if such franchise (includ-
                                                                     13                 ing any renewal term thereof) is in effect on such
                                                                     14                 date.
                                                                     15          SEC. 206. CABLE TRANSPARENCY.

                                                                     16                 (a) IN GENERAL.—Section 626 of the Communica-
                                                                     17 tions Act of 1934 (47 U.S.C. 546) is amended to read
                                                                     18 as follows:
                                                                     19          ‘‘SEC. 626. FRANCHISE TERM AND TERMINATION.

                                                                     20                 ‘‘(a) FRANCHISE TERM.—A franchise shall continue
                                                                     21 in effect (without any requirement for renewal) until the
                                                                     22 date on which the franchise is revoked or terminated in
                                                                     23 accordance with subsection (b).
                                                                     24                 ‘‘(b) LIMITS.—



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                                                                        1                       ‘‘(1) PROHIBITION AGAINST REVOCATION; TER-
                                                                        2              MINATION.—Except as provided in paragraph (2), a

                                                                        3              franchise may not be—
                                                                        4                                ‘‘(A) revoked by a franchising authority;
                                                                        5                                ‘‘(B) terminated by a cable operator; or
                                                                        6                                ‘‘(C) revoked or terminated by operation of
                                                                        7                       law, including by a term in a franchise that re-
                                                                        8                       vokes or terminates such franchise on a specific
                                                                        9                       date, after a period of time, or upon the occur-
                                                                     10                         rence of an event.
                                                                     11                         ‘‘(2) WHEN TERMINATION OR REVOCATION OF
                                                                     12                FRANCHISE PERMITTED.—

                                                                     13                                  ‘‘(A) TERMINATION                           BY         CABLE   OPER-

                                                                     14                         ATOR.—

                                                                     15                                          ‘‘(i) IN GENERAL.—A cable operator
                                                                     16                                  may terminate a franchise by submitting
                                                                     17                                  to the franchising authority a written re-
                                                                     18                                  quest for the franchising authority to re-
                                                                     19                                  voke such franchise.
                                                                     20                                          ‘‘(ii) TIME OF REVOCATION.—If the
                                                                     21                                  cable operator submits a complete request
                                                                     22                                  under clause (i), the franchising authority
                                                                     23                                  shall revoke the franchise on the date that
                                                                     24                                  is 90 days after the franchising authority



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                                                                     25                                  receives such request.


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                                                                        1                                        ‘‘(iii) DEEMED TO BE REVOKED.—If a
                                                                        2                                franchising authority does not approve a
                                                                        3                                request by the date required under clause
                                                                        4                                (ii), the franchise is deemed revoked on the
                                                                        5                                day after such date.
                                                                        6                                ‘‘(B) TERMINATION BY FRANCHISING AU-
                                                                        7                       THORITY.—A franchising authority may revoke

                                                                        8                       a franchise if the franchising authority—
                                                                        9                                        ‘‘(i) finds that the cable operator has
                                                                     10                                  knowingly and willfully failed to substan-
                                                                     11                                  tially meet a material requirement imposed
                                                                     12                                  by the franchise;
                                                                     13                                          ‘‘(ii) provides the cable operator a rea-
                                                                     14                                  sonable opportunity to cure such failure,
                                                                     15                                  after which the cable operator fails to cure
                                                                     16                                  such failure; and
                                                                     17                                          ‘‘(iii) does not waive the material re-
                                                                     18                                  quirement or acquiesce with the failure to
                                                                     19                                  substantially meet such requirement.
                                                                     20                                  ‘‘(C) WHEN REQUEST CONSIDERED COM-
                                                                     21                         PLETE; RECEIVED.—

                                                                     22                                          ‘‘(i) WHEN                  REQUEST              CONSIDERED

                                                                     23                                  COMPLETE.—

                                                                     24                                                   ‘‘(I) IN GENERAL.—For the pur-



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                                                                     25                                          poses of this paragraph, a request to


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                                                                        1                                        a franchising authority shall be con-
                                                                        2                                        sidered complete if the cable operator
                                                                        3                                        has not received a written notice from
                                                                        4                                        the franchising authority within 10
                                                                        5                                        business days after the date on which
                                                                        6                                        the request is received by the fran-
                                                                        7                                        chising authority—
                                                                        8                                                            ‘‘(aa) stating that all the in-
                                                                        9                                                 formation (including any form or
                                                                     10                                                   other document) required by the
                                                                     11                                                   franchising authority to be sub-
                                                                     12                                                   mitted for the request to be con-
                                                                     13                                                   sidered complete has not been
                                                                     14                                                   submitted; and
                                                                     15                                                              ‘‘(bb) identifying the infor-
                                                                     16                                                   mation required to be submitted
                                                                     17                                                   that was not submitted.
                                                                     18                                                   ‘‘(II)            DEFINITION.—In              this
                                                                     19                                          clause, the term ‘received by the fran-
                                                                     20                                          chising authority’ means—
                                                                     21                                                              ‘‘(aa) in the case of a re-
                                                                     22                                                   quest submitted electronically, on
                                                                     23                                                   the date on which the request is
                                                                     24                                                   transmitted;



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                                                                        1                                                            ‘‘(bb) in the case of a re-
                                                                        2                                                 quest submitted in person, on the
                                                                        3                                                 date on which the request is de-
                                                                        4                                                 livered to the individual or at the
                                                                        5                                                 location specified by the fran-
                                                                        6                                                 chising authority for in-person
                                                                        7                                                 submission; and
                                                                        8                                                            ‘‘(cc) in the case of a re-
                                                                        9                                                 quest submitted in any other
                                                                     10                                                   manner, on the date determined
                                                                     11                                                   under regulations promulgated by
                                                                     12                                                   the Commission for the manner
                                                                     13                                                   in which the request is sub-
                                                                     14                                                   mitted.
                                                                     15                                          ‘‘(ii) WHEN COMPLETE REQUEST CON-
                                                                     16                                  SIDERED RECEIVED.—For the purposes of

                                                                     17                                  this paragraph, a complete request shall be
                                                                     18                                  considered received on the date on which
                                                                     19                                  the cable operator submits to the fran-
                                                                     20                                  chising authority all information (including
                                                                     21                                  any form or other document) required by
                                                                     22                                  the franchising authority to be submitted
                                                                     23                                  for the request to be considered complete.
                                                                     24                ‘‘(c) REVIEW BY COMMISSION.—



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                                                                        1                        ‘‘(1) PETITION.—A cable operator may petition
                                                                        2               the Commission for review of a determination by a
                                                                        3               franchising authority to revoke a franchise under
                                                                        4               subsection (b)(2)(B).
                                                                        5                        ‘‘(2) REVIEW.—The Commission shall review
                                                                        6               the determination de novo.
                                                                        7                        ‘‘(3) ORDER.—If, based on the evidence pre-
                                                                        8               sented during the review, the Commission deter-
                                                                        9               mines that the franchising authority has not dem-
                                                                     10                 onstrated by a preponderance of the evidence that
                                                                     11                 the franchising authority revoked the franchise in
                                                                     12                 accordance with subsection (b)(2)(B), the Commis-
                                                                     13                 sion shall order the franchising authority to rein-
                                                                     14                 state the franchise.’’.
                                                                     15                 (b) ELIMINATION OR MODIFICATION OF REQUIRE-
                                                                     16          MENT IN FRANCHISE.—Section 625 of the Communica-

                                                                     17 tions Act of 1934 (47 U.S.C. 545) is amended to read
                                                                     18 as follows:
                                                                     19          ‘‘SEC. 625. ELIMINATION OR MODIFICATION OF REQUIRE-

                                                                     20                                   MENT IN FRANCHISE.

                                                                     21                 ‘‘(a) IN GENERAL.—During the period in which a
                                                                     22 franchise is in effect, the cable operator may obtain the
                                                                     23 elimination or modification of any requirement in the fran-
                                                                     24 chise by submitting to the franchising authority a request



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                                                                     25 for the elimination or modification of such requirement.


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                                                                        1              ‘‘(b) ELIMINATION OR MODIFICATION OF REQUIRE-
                                                                        2        MENT IN          FRANCHISE.—The franchising authority shall
                                                                        3 eliminate or modify a requirement in accordance with a
                                                                        4 complete request submitted under subsection (a) not later
                                                                        5 than 120 days after receiving such request if the cable
                                                                        6 operator demonstrates in the request—
                                                                        7                       ‘‘(1) good cause for the elimination or modifica-
                                                                        8              tion of the requirement; and
                                                                        9                       ‘‘(2) that the mix, quality, and level of services
                                                                     10                required by the franchise at the time the franchise
                                                                     11                was granted will be maintained after the elimination
                                                                     12                or modification of the requirement.
                                                                     13                ‘‘(c) DEEMED ELIMINATION OR MODIFICATION.—
                                                                     14 Except in the case of a request for the elimination or
                                                                     15 modification of a requirement for services relating to pub-
                                                                     16 lic, educational, or governmental access, if the franchising
                                                                     17 authority fails to approve or deny the complete request
                                                                     18 submitted under subsection (a) by the date described
                                                                     19 under subsection (b), the requirement shall be deemed
                                                                     20 eliminated or modified in accordance with the request on
                                                                     21 the day after such date.
                                                                     22                ‘‘(d) APPEAL.—
                                                                     23                         ‘‘(1) IN GENERAL.—Any cable operator whose
                                                                     24                request for elimination or modification of a require-



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                                                                     25                ment in a franchise under subsection (a) has been


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                                                                        1              denied by a final decision of a franchising authority
                                                                        2              may obtain the elimination or modification of such
                                                                        3              franchise requirements pursuant to the provisions of
                                                                        4              section 635.
                                                                        5                       ‘‘(2) GRANT OF REQUEST.—In the case of any
                                                                        6              proposed elimination or modification of a require-
                                                                        7              ment in a franchise under subsection (a), the court
                                                                        8              shall grant such elimination or modification only if
                                                                        9              the cable operator demonstrates to the court—
                                                                     10                                  ‘‘(A) good cause for the elimination or
                                                                     11                         modification of the requirement; and
                                                                     12                                  ‘‘(B) that the mix, quality, and level of
                                                                     13                         services required by the franchise at the time
                                                                     14                         the franchise was granted will be maintained
                                                                     15                         after the elimination or modification of the re-
                                                                     16                         quirement.
                                                                     17                ‘‘(e) WHEN REQUEST CONSIDERED COMPLETE; RE-
                                                                     18          CEIVED.—

                                                                     19                         ‘‘(1)        WHEN               REQUEST             CONSIDERED          COM-

                                                                     20                PLETE.—

                                                                     21                                  ‘‘(A) IN GENERAL.—For the purposes of
                                                                     22                         this section, a request to a franchising author-
                                                                     23                         ity shall be considered complete if the cable op-
                                                                     24                         erator has not received a written notice from



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                                                                        1                       days after the date on which the request is re-
                                                                        2                       ceived by the franchising authority—
                                                                        3                                        ‘‘(i) stating that all the information
                                                                        4                                (including any form or other document) re-
                                                                        5                                quired by the franchising authority to be
                                                                        6                                submitted for the request to be considered
                                                                        7                                complete has not been submitted; and
                                                                        8                                        ‘‘(ii) identifying the information re-
                                                                        9                                quired to be submitted that was not sub-
                                                                     10                                  mitted.
                                                                     11                                  ‘‘(B) DEFINITION.—In this paragraph, the
                                                                     12                         term ‘received by the franchising authority’
                                                                     13                         means—
                                                                     14                                          ‘‘(i) in the case of a request submitted
                                                                     15                                  electronically, on the date on which the re-
                                                                     16                                  quest is transmitted;
                                                                     17                                          ‘‘(ii) in the case of a request sub-
                                                                     18                                  mitted in person, on the date on which the
                                                                     19                                  request is delivered to the individual or at
                                                                     20                                  the location specified by the franchising
                                                                     21                                  authority for in-person submission; and
                                                                     22                                          ‘‘(iii) in the case of a request sub-
                                                                     23                                  mitted in any other manner, on the date
                                                                     24                                  determined under regulations promulgated



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                                                                        1                                by the Commission for the manner in
                                                                        2                                which the request is submitted.
                                                                        3                       ‘‘(2) WHEN COMPLETE REQUEST CONSIDERED
                                                                        4              RECEIVED.—For the purposes of this section, a com-

                                                                        5              plete request shall be considered received on the date
                                                                        6              on which the cable operator submits to the fran-
                                                                        7              chising authority all information (including any form
                                                                        8              or other document) required by the franchising au-
                                                                        9              thority to be submitted for the request to be consid-
                                                                     10                ered complete.’’.
                                                                     11                (c) TECHNICAL AND CONFORMING AMENDMENTS.—
                                                                     12 The Communications Act of 1934 (47 U.S.C. 151 et seq.)
                                                                     13 is amended—
                                                                     14                         (1) in section 601—
                                                                     15                                  (A) in paragraph (4), by striking the semi-
                                                                     16                         colon at the end and inserting ‘‘; and’’;
                                                                     17                                  (B) by striking paragraph (5); and
                                                                     18                                  (C) by redesignating paragraph (6) as
                                                                     19                         paragraph (5);
                                                                     20                         (2) in section 602(9)—
                                                                     21                                  (A) by striking ‘‘initial’’; and
                                                                     22                                  (B) by striking ‘‘, or renewal thereof (in-
                                                                     23                         cluding a renewal of an authorization which has
                                                                     24                         been granted subject to section 626),’’;



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                                                                        1                       (3) in section 611(b), by striking ‘‘and may re-
                                                                        2              quire as part of a cable operator’s proposal for a
                                                                        3              franchise renewal, subject to section 626’’;
                                                                        4                       (4) in section 612(b)(3)—
                                                                        5                                (A) by striking ‘‘or as part of a proposal
                                                                        6                       for renewal, subject to section 626,’’; and
                                                                        7                                (B) by striking ‘‘, or proposal for renewal
                                                                        8                       thereof,’’;
                                                                        9                       (5) in section 621(b)(3)—
                                                                     10                                  (A) in subparagraph (C)(ii), by striking
                                                                     11                         ‘‘or franchise renewal’’; and
                                                                     12                                  (B) in subparagraph (D)—
                                                                     13                                          (i) by striking ‘‘initial’’; and
                                                                     14                                          (ii) by striking ‘‘, a franchise re-
                                                                     15                                  newal,’’;
                                                                     16                         (6) in section 624—
                                                                     17                                  (A) in subsection (b)(1), by striking ‘‘(in-
                                                                     18                         cluding requests for renewal proposals, subject
                                                                     19                         to section 626)’’; and
                                                                     20                                  (B) in subsection (d)(1), by striking ‘‘or
                                                                     21                         renewal thereof’’;
                                                                     22                         (7) in section 627—
                                                                     23                                  (A) by striking subsection (a);




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                                                                        1                                 (B) in subsection (b), by inserting ‘‘, as de-
                                                                        2                       scribed in section 626(b)(2)(B),’’ after ‘‘for
                                                                        3                       cause’’; and
                                                                        4                                 (C) by striking ‘‘(b) If’’ and inserting ‘‘If’’;
                                                                        5                       and
                                                                        6                       (8) in section 635A(a), by striking ‘‘renewal,’’.
                                                                        7              (d) EFFECTIVE DATE; APPLICATION.—
                                                                        8                       (1) EFFECTIVE DATE.—This section, and the
                                                                        9              amendments made by this section, shall take effect
                                                                     10                6 months after the date of the enactment of this
                                                                     11                Act.
                                                                     12                         (2)       APPLICATION.—This                           section,          and   the
                                                                     13                amendments made by this section, shall apply to a
                                                                     14                franchise granted—
                                                                     15                                   (A) on or after the effective date estab-
                                                                     16                         lished by paragraph (1); or
                                                                     17                                   (B) before such date, if such franchise (in-
                                                                     18                         cluding, notwithstanding the amendment made
                                                                     19                         by subsection (c)(2)(B), any renewal thereof) is
                                                                     20                         in effect on such date.
                                                                     21          SEC. 207. COMMUNITIES OVER REGULATING NETWORKS

                                                                     22                                  NEED ECONOMIC COMPETITION TODAY.

                                                                     23                (a) IN GENERAL.—Except as provided in subsections
                                                                     24 (b)(1) and (c), a State or political subdivision thereof may



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                                                                     25 not provide or offer for sale to the public, a telecommuni-


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                                                                        1 cations provider, or to a commercial provider of broadband
                                                                        2 internet access service, retail or wholesale broadband
                                                                        3 internet access service.
                                                                        4              (b) TRANSITIONAL RULE.—Any State or political
                                                                        5 subdivision thereof providing or offering for sale, either
                                                                        6 to the public, a telecommunications provider, or to a pro-
                                                                        7 vider of broadband internet access service, retail or whole-
                                                                        8 sale broadband internet access service, before the date of
                                                                        9 the enactment of this section—
                                                                     10                         (1) notwithstanding subsection (a), may con-
                                                                     11                tinue to provide or offer for sale such service if the
                                                                     12                Commission finds there is no more than one other
                                                                     13                commercial provider of broadband internet access
                                                                     14                that provides competition for that service in a par-
                                                                     15                ticular area;
                                                                     16                         (2) shall notify each subscriber of the State or
                                                                     17                political subdivision if a commercial provider of re-
                                                                     18                tail broadband internet access enters the market;
                                                                     19                and
                                                                     20                         (3) may not construct or extend facilities used
                                                                     21                to deliver broadband internet access service beyond
                                                                     22                the geographic area in which the State or political
                                                                     23                subdivision thereof lawfully operates.




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                                                                        1              (c) EXCEPTION.—Notwithstanding subsection (a),
                                                                        2 this section does not apply to the Tennessee Valley Au-
                                                                        3 thority.
                                                                        4              (d) RULES OF CONSTRUCTION.—
                                                                        5                       (1) IN GENERAL.—This section may not be con-
                                                                        6              strued to restrict a State or political subdivision
                                                                        7              thereof, from allowing the nondiscriminatory use of
                                                                        8              its rights-of-way, including access to utility poles,
                                                                        9              conduits, ducts, or similar support structures used
                                                                     10                for the deployment of facilities necessary to deliver
                                                                     11                broadband internet access service.
                                                                     12                         (2) PUBLIC SAFETY.—This section may not be
                                                                     13                construed to restrict a State or political subdivision
                                                                     14                thereof, from providing broadband facilities or serv-
                                                                     15                ices for 9–1–1, enhanced 9–1–1 service, or Next
                                                                     16                Generation 9–1–1.
                                                                     17                (e) LIMITATION OF COMMISSION AUTHORITY.—Not-
                                                                     18 withstanding any provision of law, including section 706
                                                                     19 of the Communications Act of 1934 (47 U.S.C. 706), the
                                                                     20 Commission may not pre-empt State laws to permit a
                                                                     21 State or political subdivision thereof to provide or offer
                                                                     22 for sale to the public retail or wholesale broadband inter-
                                                                     23 net access service.
                                                                     24                (f) DEFINITIONS.—In this section:



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                                                                        1                       (1) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
                                                                        2              ANCE.—The term ‘‘9–1–1 request for emergency as-

                                                                        3              sistance’’ means a communication, such as voice,
                                                                        4              text, picture, multimedia, or any other type of data
                                                                        5              that is sent to an emergency communications center
                                                                        6              for the purpose of requesting emergency assistance.
                                                                        7                       (2) BROADBAND INTERNET ACCESS SERVICE.—
                                                                        8              The term ‘‘broadband internet access service’’ has
                                                                        9              the meaning given that term in section 8.1(b) of title
                                                                     10                47, Code of Federal Regulations, or any successor
                                                                     11                regulation.
                                                                     12                         (3) COMMONLY ACCEPTED STANDARDS.—The
                                                                     13                term ‘‘commonly accepted standards’’ means—
                                                                     14                                  (A) the technical standards followed by the
                                                                     15                         communications industry for network, device,
                                                                     16                         and Internet Protocol connectivity, including
                                                                     17                         standards developed by the Third Generation
                                                                     18                         Partnership Project, the Institute of Electrical
                                                                     19                         and Electronics Engineers, the Alliance for
                                                                     20                         Telecommunications Industry Solutions, the
                                                                     21                         Internet Engineering Taskforce, and the Inter-
                                                                     22                         national Telecommunications Union; and
                                                                     23                                  (B) standards that are accredited by a rec-
                                                                     24                         ognized authority such as the American Na-



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                                                                     25                         tional Standards Institute.


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                                                                        1                       (4) EMERGENCY COMMUNICATIONS CENTER.—
                                                                        2              The         term        ‘‘emergency                  communications                center’’
                                                                        3              means a facility that is designated to receive a 9–
                                                                        4              1–1 request for emergency assistance and perform
                                                                        5              one or more of the following functions:
                                                                        6                                (A) Process and analyze 9–1–1 requests
                                                                        7                       for emergency assistance and other gathered in-
                                                                        8                       formation.
                                                                        9                                (B) Dispatch appropriate emergency re-
                                                                     10                         sponse providers.
                                                                     11                                  (C) Transfer or exchange 9–1–1 requests
                                                                     12                         for emergency assistance and other gathered in-
                                                                     13                         formation with other emergency communica-
                                                                     14                         tions centers and emergency response providers.
                                                                     15                                  (D) Analyze any communications received
                                                                     16                         from emergency response providers.
                                                                     17                                  (E) Support incident command functions.
                                                                     18                         (5) EMERGENCY                        RESPONSE             PROVIDER.—The

                                                                     19                term ‘‘emergency response provider’’—
                                                                     20                                  (A) has the meaning given that term under
                                                                     21                         section 2 of the Homeland Security Act (47
                                                                     22                         U.S.C. 101); and
                                                                     23                                  (B) includes Federal, State, and local gov-
                                                                     24                         ernmental              and           nongovernmental                    emergency



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                                                                     25                         public safety, fire, law enforcement, emergency


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                                                                        1                       response, emergency medical (including hospital
                                                                        2                       emergency facilities), and related personnel,
                                                                        3                       agencies, and authorities.
                                                                        4                       (6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en-
                                                                        5              hanced 9–1–1 service’’ has the meaning given that
                                                                        6              term in section 7(10) of the Wireless Communica-
                                                                        7              tions and Public Safety Act of 1999 (47 U.S.C.
                                                                        8              615b(10)).
                                                                        9                       (7) INTEROPERABLE.—The term ‘‘interoper-
                                                                     10                able’’ means the capability of emergency communica-
                                                                     11                tions centers to receive 9–1–1 requests for emer-
                                                                     12                gency assistance and related data such as location
                                                                     13                information and callback numbers from the public,
                                                                     14                then process and share the 9–1–1 requests for emer-
                                                                     15                gency assistance and related data with other emer-
                                                                     16                gency communications centers and emergency re-
                                                                     17                sponse providers, regardless of jurisdiction, equip-
                                                                     18                ment, device, software, service provider, or other rel-
                                                                     19                evant factors, and without the need for proprietary
                                                                     20                interfaces.
                                                                     21                         (8) NEXT                 GENERATION                  9–1–1.—The         term
                                                                     22                ‘‘Next Generation 9–1–1’’ means an interoperable,
                                                                     23                secure, Internet Protocol-based system that—
                                                                     24                                  (A) employs commonly accepted standards;



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                                                                        1                                (B) enables the appropriate emergency
                                                                        2                       communications centers to receive, process, and
                                                                        3                       analyze all types of 9–1–1 requests for emer-
                                                                        4                       gency assistance;
                                                                        5                                (C) acquires and integrates additional in-
                                                                        6                       formation useful to handling 9–1–1 requests for
                                                                        7                       emergency assistance; and
                                                                        8                                (D) supports sharing information related
                                                                        9                       to 9–1–1 requests for emergency assistance
                                                                     10                         among emergency communications centers and
                                                                     11                         emergency response providers.
                                                                     12                         (9) STATE.—The term ‘‘State’’ means any
                                                                     13                State of the United States, the District of Columbia,
                                                                     14                Puerto Rico, American Samoa, Guam, the United
                                                                     15                States Virgin Islands, the Northern Mariana Is-
                                                                     16                lands, and any other territory or possession of the
                                                                     17                United States.
                                                                     18                         (10) TELECOMMUNICATIONS                                   PROVIDER.—The

                                                                     19                term ‘‘telecommunications provider’’ means an eligi-
                                                                     20                ble telecommunications carrier as designated under
                                                                     21                section 214(e)(2) of the Communications Act of
                                                                     22                1934 (47 U.S.C. 214(e)(2)).




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                                                                        1        SEC. 208. STREAMLINING PERMITTING TO ENABLE EFFI-

                                                                        2                                 CIENT DEPLOYMENT OF BROADBAND INFRA-

                                                                        3                                 STRUCTURE.

                                                                        4               Title I of the Communications Act of 1934 (47
                                                                        5 U.S.C. 151 et seq.) is amended by adding at the end the
                                                                        6 following:
                                                                        7        ‘‘SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-

                                                                        8                                 NICATIONS FACILITIES.

                                                                        9               ‘‘(a) FOR PERMITTING BY COMMISSION.—
                                                                     10                          ‘‘(1) IN GENERAL.—Notwithstanding any provi-
                                                                     11                 sion of the National Environmental Policy Act of
                                                                     12                 1969 (42 U.S.C. 4321 et seq.) or division A of sub-
                                                                     13                 title III of title 54, United States Code, the Commis-
                                                                     14                 sion shall not be required to perform, and may not
                                                                     15                 require any entity regulated by the Commission to
                                                                     16                 perform, any review under such Act or division as a
                                                                     17                 condition of permitting the placement and installa-
                                                                     18                 tion of a communications facility if—
                                                                     19                                    ‘‘(A) the new facility—
                                                                     20                                           ‘‘(i) will be located within a public
                                                                     21                                    right-of-way; and
                                                                     22                                           ‘‘(ii) is not more than 50 feet tall or
                                                                     23                                    10 feet higher than any existing structure
                                                                     24                                    in the public right-of-way, whichever is




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                                                                     25                                    higher;
                                                                     26                                    ‘‘(B) the new facility is—
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                                                                        1                                        ‘‘(i) a replacement for an existing
                                                                        2                                communications facility; and
                                                                        3                                        ‘‘(ii) the same as, or substantially
                                                                        4                                similar to (as such term is defined by the
                                                                        5                                Commission), the communications facility
                                                                        6                                that the new communications facility is re-
                                                                        7                                placing;
                                                                        8                                ‘‘(C) the new facility is a type of commu-
                                                                        9                       nications facility that—
                                                                     10                                          ‘‘(i)          is    described                 in      subsection
                                                                     11                                  (c)(2)(B); and
                                                                     12                                          ‘‘(ii) meets the size limitation of a
                                                                     13                                  small antenna established by the Commis-
                                                                     14                                  sion; or
                                                                     15                                  ‘‘(D) the placement and installation involve
                                                                     16                         the expansion of the site of an existing facility
                                                                     17                         not more than 30 feet in any direction.
                                                                     18                         ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
                                                                     19                section shall be construed to affect—
                                                                     20                                  ‘‘(A) the obligation of the Commission to
                                                                     21                         evaluate radiofrequency exposure under the Na-
                                                                     22                         tional Environmental Policy Act of 1969 (42
                                                                     23                         U.S.C. 4321 et seq.);
                                                                     24                                  ‘‘(B) except as explicitly provided in this



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                                                                     25                         subsection, the obligation of any provider of a


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                                                                        1                        communications service to comply with the Na-
                                                                        2                        tional Environmental Policy Act of 1969 (42
                                                                        3                        U.S.C. 4321 et seq.) or division A of subtitle
                                                                        4                        III of title 54, United States Code;
                                                                        5                                 ‘‘(C) the authority of a State or local gov-
                                                                        6                        ernment to apply and enforce the zoning and
                                                                        7                        other land use regulations of the State or local
                                                                        8                        government to the extent consistent with this
                                                                        9                        subsection and sections 253, 332(c)(7), and
                                                                     10                          621; or
                                                                     11                                   ‘‘(D) the authority or obligations estab-
                                                                     12                          lished under section 20156(e) of title 49,
                                                                     13                          United States Code.
                                                                     14                 ‘‘(b) FOR GRANT OF EASEMENT ON FEDERAL PROP-
                                                                     15          ERTY.—No review shall be required under the National

                                                                     16 Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                                                                     17 seq.) or division A of subtitle III of title 54, United States
                                                                     18 Code, as a condition of granting a covered easement for
                                                                     19 a communications facility if a covered easement has been
                                                                     20 granted for another communications facility or a utility
                                                                     21 facility with respect to the same building or other property
                                                                     22 owned by the Federal Government.
                                                                     23                 ‘‘(c) DEFINITIONS.—In this section:
                                                                     24                          ‘‘(1) ANTENNA.—The term ‘antenna’ means



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                                                                     25                 communications equipment that transmits or re-


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                                                                        1              ceives electromagnetic radio frequency signals used
                                                                        2              in the provision of wireless services.
                                                                        3                       ‘‘(2) COMMUNICATIONS                            FACILITY.—The           term
                                                                        4              ‘communications facility’ includes—
                                                                        5                                ‘‘(A) any infrastructure, including any
                                                                        6                       transmitting device, tower, or support structure,
                                                                        7                       and any equipment, switches, wiring, cabling,
                                                                        8                       power sources, shelters, or cabinets, associated
                                                                        9                       with the licensed or permitted unlicensed wire-
                                                                     10                         less or wireline transmission of writings, signs,
                                                                     11                         signals, data, images, pictures, and sounds of
                                                                     12                         all kinds; and
                                                                     13                                  ‘‘(B) any antenna or apparatus—
                                                                     14                                          ‘‘(i) that is designed for the purpose
                                                                     15                                  of emitting or receiving radio frequency;
                                                                     16                                          ‘‘(ii) that—
                                                                     17                                                   ‘‘(I) is designed to be operated,
                                                                     18                                          or is operating, from a fixed location
                                                                     19                                          pursuant to authorization by the
                                                                     20                                          Commission; or
                                                                     21                                                   ‘‘(II) is using duly authorized de-
                                                                     22                                          vices that do not require individual li-
                                                                     23                                          censes; and
                                                                     24                                          ‘‘(iii) that is added to a tower, build-



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                                                                     25                                  ing, support pole, or other structure.


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                                                                        1                       ‘‘(3) COVERED EASEMENT.—The term ‘covered
                                                                        2              easement’ means an easement, right-of-way, or lease
                                                                        3              to, in, over, or on a building or other property owned
                                                                        4              by the Federal Government, excluding Tribal land
                                                                        5              held in trust by the Federal Government (unless the
                                                                        6              Tribal Government of such land requests that the
                                                                        7              Commission not exclude the land for purposes of
                                                                        8              this definition), for the right to install, construct,
                                                                        9              modify, or maintain a communications facility.
                                                                     10                         ‘‘(4) PUBLIC RIGHT-OF-WAY.—The term ‘public
                                                                     11                right-of-way’—
                                                                     12                                  ‘‘(A) means—
                                                                     13                                          ‘‘(i) the area on, below, or above a
                                                                     14                                  public roadway, highway, street, sidewalk,
                                                                     15                                  alley, or similar property; and
                                                                     16                                          ‘‘(ii) any land immediately adjacent to
                                                                     17                                  and contiguous with property described in
                                                                     18                                  clause (i) that is within the right-of-way
                                                                     19                                  grant; and
                                                                     20                                  ‘‘(B) does not include a portion of the
                                                                     21                         Interstate System (as such term is defined in
                                                                     22                         section 101(a) of title 23, United States Code).
                                                                     23                         ‘‘(5) SUPPORT POLE.—The term ‘support pole’
                                                                     24                means an upright pole or structure used or capable



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                                                                     25                of being used to support a wireless service facility.


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                                                                        1                        ‘‘(6) UTILITY FACILITY.—The term ‘utility fa-
                                                                        2               cility’ means any privately, publicly, or cooperatively
                                                                        3               owned line, facility, or system for producing, trans-
                                                                        4               mitting, or distributing power, electricity, light, heat,
                                                                        5               gas, oil, crude products, water, steam, waste, storm
                                                                        6               water not connected with highway drainage, or any
                                                                        7               other similar commodity, including any fire or police
                                                                        8               signal system or street lighting system, that directly
                                                                        9               or indirectly serves the public.
                                                                     10                          ‘‘(7) WIRELESS SERVICE.—The term ‘wireless
                                                                     11                 service’ means the transmission by radio commu-
                                                                     12                 nication of voice, video, or data communications
                                                                     13                 services, including Internet Protocol or any suc-
                                                                     14                 cessor protocol-enabled services, or any combination
                                                                     15                 of those services, whether provided on a licensed or
                                                                     16                 permitted unlicensed basis.
                                                                     17                          ‘‘(8) WIRELESS SERVICE FACILITY.—The term
                                                                     18                 ‘wireless service facility’ means a facility for the pro-
                                                                     19                 vision of wireless service.’’.
                                                                     20          SEC. 209. WIRELESS BROADBAND COMPETITION AND EFFI-

                                                                     21                                   CIENT DEPLOYMENT.

                                                                     22                 (a) NEPA EXEMPTION.—A covered project shall not
                                                                     23 be subject to the requirements of section 102(2)(C) of the
                                                                     24 National Environmental Policy Act of 1969 (42 U.S.C.



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                                                                     25 4332(2)(C)).


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                                                                        1               (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                        2        EMPTION.—A covered project shall not be considered an

                                                                        3 undertaking under section 300320 of title 54, United
                                                                        4 States Code.
                                                                        5               (c) DEFINITIONS.—In this section:
                                                                        6                        (1) COMMISSION.—The term ‘‘Commission’’
                                                                        7               means the Federal Communications Commission.
                                                                        8                        (2) COVERED PROJECT.—The term ‘‘covered
                                                                        9               project’’ means a project—
                                                                     10                                   (A) for—
                                                                     11                                           (i) the mounting or installation of an
                                                                     12                                   eligible personal wireless service facility
                                                                     13                                   with another eligible personal wireless serv-
                                                                     14                                   ice facility that exists at the time at which
                                                                     15                                   a complete request for authorization of
                                                                     16                                   such mounting or installation is filed with
                                                                     17                                   a State or local government or instrumen-
                                                                     18                                   tality thereof; or
                                                                     19                                           (ii) the modification of an eligible per-
                                                                     20                                   sonal wireless service facility; and
                                                                     21                                   (B) for which a permit, license, or approval
                                                                     22                          from the Commission is required or that is oth-
                                                                     23                          erwise subject to the jurisdiction of the Com-
                                                                     24                          mission.



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                                                                        1                       (3) ELIGIBLE                    PERSONAL WIRELESS SERVICE

                                                                        2              FACILITY.—The                    term ‘‘eligible personal wireless
                                                                        3              service facility’’ means any antenna, apparatus, or
                                                                        4              transmitting device, and any equipment, switches,
                                                                        5              wiring, cabling, power sources, shelters, or cabinets,
                                                                        6              for the provision of a personal wireless service.
                                                                        7                       (4) PERSONAL WIRELESS SERVICES.—The term
                                                                        8              ‘‘personal wireless services’’—
                                                                        9                                 (A) has the meaning given such term in
                                                                     10                         section 332(c)(7)(C) of the Communications
                                                                     11                         Act of 1934 (47 U.S.C. 332(c)(7)(C)); and
                                                                     12                                   (B) also includes commercial mobile data
                                                                     13                         service (as defined in section 6001 of the Mid-
                                                                     14                         dle Class Tax Relief and Job Creation Act of
                                                                     15                         2012 (47 U.S.C. 1401)).
                                                                     16                         (5) STATE.—The term ‘‘State’’ means the 50
                                                                     17                States, the District of Columbia, the territories and
                                                                     18                possessions of the United States, and each federally
                                                                     19                recognized Indian Tribe.
                                                                     20          SEC. 210. BROADBAND COMPETITION AND EFFICIENT DE-

                                                                     21                                  PLOYMENT.

                                                                     22                (a) NEPA EXEMPTION.—A covered project shall not
                                                                     23 be subject to the requirements of section 102(2)(C) of the
                                                                     24 National Environmental Policy Act of 1969 (42 U.S.C.



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                                                                     25 4332(2)(C)).


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                                                                        1               (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                        2        EMPTION.—A covered project shall not be considered an

                                                                        3 undertaking under section 300320 of title 54, United
                                                                        4 States Code.
                                                                        5               (c) DEFINITIONS.—In this section:
                                                                        6                        (1) COMMISSION.—The term ‘‘Commission’’
                                                                        7               means the Federal Communications Commission.
                                                                        8                        (2) COVERED PROJECT.—The term ‘‘covered
                                                                        9               project’’ means a project—
                                                                     10                                   (A) for the placement, construction, or
                                                                     11                          modification of a telecommunications service fa-
                                                                     12                          cility in or on eligible support infrastructure;
                                                                     13                          and
                                                                     14                                   (B) for which a permit, license, or approval
                                                                     15                          from the Commission is required or that is oth-
                                                                     16                          erwise subject to the jurisdiction of the Com-
                                                                     17                          mission.
                                                                     18                          (3) ELIGIBLE                    SUPPORT            INFRASTRUCTURE.—

                                                                     19                 The term ‘‘eligible support infrastructure’’ means in-
                                                                     20                 frastructure that supports or houses a facility for
                                                                     21                 communication by wire (or is designed to and capa-
                                                                     22                 ble of supporting or housing such a facility) at the
                                                                     23                 time when a complete request to a State or local
                                                                     24                 government or instrumentality thereof for authoriza-



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                                                                     25                 tion to place, construct, or modify a telecommuni-


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                                                                        1               cations service facility in or on the infrastructure is
                                                                        2               received by the government or instrumentality.
                                                                        3                        (4) STATE.—The term ‘‘State’’ means the 50
                                                                        4               States, the District of Columbia, the territories and
                                                                        5               possessions of the United States, and each federally
                                                                        6               recognized Indian Tribe.
                                                                        7                        (5)         TELECOMMUNICATIONS                                  SERVICE.—The

                                                                        8               term ‘‘telecommunications service’’ has the meaning
                                                                        9               given such term in section 3 of the Communications
                                                                     10                 Act of 1934 (47 U.S.C. 153).
                                                                     11                          (6) TELECOMMUNICATIONS                                   SERVICE        FACIL-

                                                                     12                 ITY.—The              term ‘‘telecommunications service facil-
                                                                     13                 ity’’ means a facility for the provision of any inter-
                                                                     14                 state or intrastate telecommunications service.
                                                                     15          SEC. 211. WIRELESS RESILIENCY AND FLEXIBLE INVEST-

                                                                     16                                   MENT.

                                                                     17                 (a) IN GENERAL.— Section 6409(a) of the Middle
                                                                     18 Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
                                                                     19 1455(a)) is amended—
                                                                     20                          (1) in paragraph (1), by striking ‘‘eligible facili-
                                                                     21                 ties request for a modification of an existing wireless
                                                                     22                 tower or base station that does not substantially
                                                                     23                 change the physical dimensions of such tower or
                                                                     24                 base station’’ and inserting ‘‘complete eligible facili-



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                                                                     25                 ties request for a modification of an existing wireless


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                                                                        1              tower, base station, or eligible support structure that
                                                                        2              does not substantially change the physical dimen-
                                                                        3              sions of such tower, base station, or eligible support
                                                                        4              structure’’;
                                                                        5                       (2) by amending paragraph (2) to read as fol-
                                                                        6              lows:
                                                                        7                       ‘‘(2) TIME FRAME.—
                                                                        8                                ‘‘(A) IN           GENERAL.—Not                        later than 60
                                                                        9                       days after the date on which a State or local
                                                                     10                         government receives a complete eligible facilities
                                                                     11                         request described under paragraph (1), the
                                                                     12                         State or local government shall approve such
                                                                     13                         request.
                                                                     14                                  ‘‘(B) DEEMED APPROVAL.—If a State or
                                                                     15                         local government does not approve an eligible
                                                                     16                         facilities request by the date required under
                                                                     17                         subparagraph (A), the request is deemed ap-
                                                                     18                         proved on the day after such date.
                                                                     19                                  ‘‘(C) WHEN REQUEST CONSIDERED COM-
                                                                     20                         PLETE; RECEIVED.—

                                                                     21                                          ‘‘(i) WHEN                  REQUEST              CONSIDERED

                                                                     22                                  COMPLETE.—

                                                                     23                                                   ‘‘(I) IN GENERAL.—For the pur-
                                                                     24                                          poses of this paragraph, an eligible fa-



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                                                                     25                                          cilities request to a State or local gov-


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                                                                        1                                        ernment shall be considered complete
                                                                        2                                        if the requesting party has not re-
                                                                        3                                        ceived a written notice from the State
                                                                        4                                        or local government within 10 busi-
                                                                        5                                        ness days after the date on which the
                                                                        6                                        request is received by the State or
                                                                        7                                        local government—
                                                                        8                                                           ‘‘(aa) stating that all the in-
                                                                        9                                                 formation (including any form or
                                                                     10                                                   other document) required by the
                                                                     11                                                   State or local government to be
                                                                     12                                                   submitted for the request to be
                                                                     13                                                   considered complete has not been
                                                                     14                                                   submitted; and
                                                                     15                                                             ‘‘(bb) identifying the infor-
                                                                     16                                                   mation required to be submitted
                                                                     17                                                   that was not submitted.
                                                                     18                                                   ‘‘(II)            DEFINITION.—In              this
                                                                     19                                          clause, the term ‘received by the State
                                                                     20                                          or local government’ means—
                                                                     21                                                             ‘‘(aa) in the case of an eligi-
                                                                     22                                                   ble facilities request submitted
                                                                     23                                                   electronically, on the date on
                                                                     24                                                   which the request is transmitted;



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                                                                        1                                                           ‘‘(bb) in the case of an eligi-
                                                                        2                                                 ble facilities request submitted in
                                                                        3                                                 person, on the date on which the
                                                                        4                                                 request is delivered to the indi-
                                                                        5                                                 vidual or at the location specified
                                                                        6                                                 by the State or local government
                                                                        7                                                 for in-person submission; and
                                                                        8                                                           ‘‘(cc) in the case of an eligi-
                                                                        9                                                 ble facilities request submitted in
                                                                     10                                                   any other manner, on the date
                                                                     11                                                   determined                 under              regulations
                                                                     12                                                   promulgated by the Commission
                                                                     13                                                   for the manner in which the re-
                                                                     14                                                   quest is submitted.
                                                                     15                                          ‘‘(ii) WHEN COMPLETE REQUEST CON-
                                                                     16                                  SIDERED RECEIVED.—For the purposes of

                                                                     17                                  this paragraph, a complete eligible facilities
                                                                     18                                  request shall be considered received on the
                                                                     19                                  date on which the requesting party submits
                                                                     20                                  to the State or local government all infor-
                                                                     21                                  mation (including any form or other docu-
                                                                     22                                  ment) required by the State or local gov-
                                                                     23                                  ernment to be submitted for the request to
                                                                     24                                  be considered complete.’’; and



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                                                                     25                         (3) by adding at the end the following:


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                                                                        1                       ‘‘(4) DEFINITIONS.—In this subsection:
                                                                        2                                ‘‘(A) ELIGIBLE                     FACILITIES             REQUEST.—

                                                                        3                       The term ‘eligible facilities request’ means any
                                                                        4                       request for modification of an existing wireless
                                                                        5                       tower, base station, or eligible support structure
                                                                        6                       that involves—
                                                                        7                                        ‘‘(i) collocation of new transmission
                                                                        8                                equipment;
                                                                        9                                        ‘‘(ii) removal of transmission equip-
                                                                     10                                  ment;
                                                                     11                                          ‘‘(iii)        replacement               of      transmission
                                                                     12                                  equipment; or
                                                                     13                                          ‘‘(iv) placement, modification, or con-
                                                                     14                                  struction of equipment that—
                                                                     15                                                   ‘‘(I) improves the resiliency of
                                                                     16                                          the wireless tower, base station, or eli-
                                                                     17                                          gible support structure; and
                                                                     18                                                   ‘‘(II) provides a direct benefit to
                                                                     19                                          public safety, such as—
                                                                     20                                                             ‘‘(aa)          providing           backup
                                                                     21                                                   power for the wireless tower, base
                                                                     22                                                   station, or eligible support struc-
                                                                     23                                                   ture;




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                                                                        1                                                           ‘‘(bb) hardening the wireless
                                                                        2                                                 tower, base station, or other eligi-
                                                                        3                                                 ble support structure; or
                                                                        4                                                           ‘‘(cc) providing more reliable
                                                                        5                                                 connection capability using the
                                                                        6                                                 wireless tower, base station, or
                                                                        7                                                 eligible support structure.
                                                                        8                                ‘‘(B) ELIGIBLE                     SUPPORT STRUCTURE.—

                                                                        9                       The term ‘eligible support structure’ means a
                                                                     10                         structure that supports a personal wireless serv-
                                                                     11                         ice facility at the time at which the eligible fa-
                                                                     12                         cilities request is made.
                                                                     13                                  ‘‘(C) PERSONAL WIRELESS SERVICE FACIL-
                                                                     14                         ITY.—The term ‘personal wireless service facil-

                                                                     15                         ity’ means a facility necessary for the provision
                                                                     16                         of—
                                                                     17                                          ‘‘(i) commercial mobile service;
                                                                     18                                          ‘‘(ii) commercial mobile data service
                                                                     19                                  (as that term is defined in section 6001 of
                                                                     20                                  the Middle Class Tax Relief and Job Cre-
                                                                     21                                  ation Act of 2012 (47 U.S.C. 1401));
                                                                     22                                          ‘‘(iii) unlicensed wireless service; and
                                                                     23                                          ‘‘(iv) common carrier wireless ex-
                                                                     24                                  change access service.’’.



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                                                                        1               (b) IMPLEMENTATION.—Not later than 180 days
                                                                        2 after the date of the enactment of this Act, the Federal
                                                                        3 Communications Commission shall issue final rules imple-
                                                                        4 menting subsection (a), and the amendments made by
                                                                        5 such subsection.
                                                                        6        SEC. 212. BROADBAND RESILIENCY AND FLEXIBLE INVEST-

                                                                        7                                 MENT.

                                                                        8               (a) IN GENERAL.—Section 6409(a) of the Middle
                                                                        9 Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
                                                                     10 1455(a)) is amended—
                                                                     11                          (1) in paragraph (1), by striking ‘‘any eligible
                                                                     12                 facilities request’’ and inserting the following: ‘‘any
                                                                     13                 complete—
                                                                     14                                    ‘‘(A) eligible facilities request for a modi-
                                                                     15                          fication of an existing wireless tower, base sta-
                                                                     16                          tion, or eligible support structure that does not
                                                                     17                          substantially change the physical dimensions of
                                                                     18                          such tower, base station, or eligible support
                                                                     19                          structure; and
                                                                     20                                    ‘‘(B) eligible telecommunications facilities
                                                                     21                          request for a modification of any existing tele-
                                                                     22                          communications service facility in or on an eli-
                                                                     23                          gible support infrastructure that does not sub-
                                                                     24                          stantially change the physical dimensions of



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                                                                     25                          such facility.’’;


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                                                                        1                       (2) by amending paragraph (2) to read as fol-
                                                                        2              lows:
                                                                        3                       ‘‘(2) TIME FRAME.—
                                                                        4                                ‘‘(A) IN           GENERAL.—Not                        later than 60
                                                                        5                       days after the date on which a State or local
                                                                        6                       government receives a complete request de-
                                                                        7                       scribed under paragraph (1), the State or local
                                                                        8                       government shall approve such request.
                                                                        9                                ‘‘(B) DEEMED APPROVAL.—If a State or
                                                                     10                         local government does not approve a request by
                                                                     11                         the date required under subparagraph (A), the
                                                                     12                         request is deemed approved on the day after
                                                                     13                         such date.
                                                                     14                                  ‘‘(C) WHEN REQUEST CONSIDERED COM-
                                                                     15                         PLETE; RECEIVED.—

                                                                     16                                          ‘‘(i) WHEN                  REQUEST              CONSIDERED

                                                                     17                                  COMPLETE.—

                                                                     18                                                   ‘‘(I) IN GENERAL.—For the pur-
                                                                     19                                          poses of this paragraph, a request to
                                                                     20                                          a State or local government shall be
                                                                     21                                          considered complete if the requesting
                                                                     22                                          party has not received a written notice
                                                                     23                                          from the State or local government
                                                                     24                                          within 10 business days after the date



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                                                                        1                                        on which the request is received by
                                                                        2                                        the State or local government—
                                                                        3                                                           ‘‘(aa) stating that all the in-
                                                                        4                                                 formation (including any form or
                                                                        5                                                 other document) required by the
                                                                        6                                                 State or local government to be
                                                                        7                                                 submitted for the request to be
                                                                        8                                                 considered complete has not been
                                                                        9                                                 submitted; and
                                                                     10                                                             ‘‘(bb) identifying the infor-
                                                                     11                                                   mation required to be submitted
                                                                     12                                                   that was not submitted.
                                                                     13                                                   ‘‘(II)            DEFINITION.—In              this
                                                                     14                                          clause, the term ‘received by the State
                                                                     15                                          or local government’ means—
                                                                     16                                                             ‘‘(aa) in the case of a re-
                                                                     17                                                   quest submitted electronically, on
                                                                     18                                                   the date on which the request is
                                                                     19                                                   transmitted;
                                                                     20                                                             ‘‘(bb) in the case of a re-
                                                                     21                                                   quest submitted in person, on the
                                                                     22                                                   date on which the request is de-
                                                                     23                                                   livered to the individual or at the
                                                                     24                                                   location specified by the State or



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                                                                        1                                                 local government for in-person
                                                                        2                                                 submission; and
                                                                        3                                                           ‘‘(cc) in the case of a re-
                                                                        4                                                 quest submitted in any other
                                                                        5                                                 manner, on the date determined
                                                                        6                                                 under regulations promulgated by
                                                                        7                                                 the Commission for the manner
                                                                        8                                                 in which the request is sub-
                                                                        9                                                 mitted.
                                                                     10                                          ‘‘(ii) WHEN COMPLETE REQUEST CON-
                                                                     11                                  SIDERED RECEIVED.—For the purposes of

                                                                     12                                  this paragraph, a complete request shall be
                                                                     13                                  considered received on the date on which
                                                                     14                                  the requesting party submits to the State
                                                                     15                                  or local government all information (in-
                                                                     16                                  cluding any form or other document) re-
                                                                     17                                  quired by the State or local government to
                                                                     18                                  be submitted for the request to be consid-
                                                                     19                                  ered complete.’’; and
                                                                     20                         (3) by adding at the end the following:
                                                                     21                         ‘‘(4) DEFINITIONS.—In this subsection:
                                                                     22                                  ‘‘(A) ELIGIBLE                     FACILITIES             REQUEST.—

                                                                     23                         The term ‘eligible facilities request’ means any
                                                                     24                         request for modification of an existing wireless



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                                                                        1                       tower, base station, or eligible support structure
                                                                        2                       that involves—
                                                                        3                                        ‘‘(i) collocation of new transmission
                                                                        4                                equipment;
                                                                        5                                        ‘‘(ii) removal of transmission equip-
                                                                        6                                ment;
                                                                        7                                        ‘‘(iii)        replacement               of      transmission
                                                                        8                                equipment; or
                                                                        9                                        ‘‘(iv) placement, modification, or con-
                                                                     10                                  struction of equipment that—
                                                                     11                                                   ‘‘(I) improves the resiliency of
                                                                     12                                          the wireless tower, base station, or eli-
                                                                     13                                          gible support structure; and
                                                                     14                                                   ‘‘(II) provides a direct benefit to
                                                                     15                                          public safety, such as—
                                                                     16                                                             ‘‘(aa)          providing           backup
                                                                     17                                                   power for the wireless tower, base
                                                                     18                                                   station, or eligible support struc-
                                                                     19                                                   ture;
                                                                     20                                                             ‘‘(bb) hardening the wireless
                                                                     21                                                   tower, base station, or other eligi-
                                                                     22                                                   ble support structure; or
                                                                     23                                                             ‘‘(cc) providing more reliable
                                                                     24                                                   connection capability using the



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                                                                        1                                                 wireless tower, base station, or
                                                                        2                                                 other eligible support structure.
                                                                        3                                ‘‘(B) ELIGIBLE TELECOMMUNICATIONS FA-
                                                                        4                       CILITIES             REQUEST.—The                   term ‘eligible tele-
                                                                        5                       communications facilities request’ means any
                                                                        6                       request for modification of an existing tele-
                                                                        7                       communications service facility in or on an eli-
                                                                        8                       gible support infrastructure that involves—
                                                                        9                                        ‘‘(i) collocation of new telecommuni-
                                                                     10                                  cations service facility equipment;
                                                                     11                                          ‘‘(ii) removal of telecommunications
                                                                     12                                  service facility equipment; or
                                                                     13                                          ‘‘(iii) replacement of telecommuni-
                                                                     14                                  cations service facility equipment.
                                                                     15                                  ‘‘(C) ELIGIBLE                     SUPPORT              INFRASTRUC-

                                                                     16                         TURE.—The                term ‘eligible support infrastruc-
                                                                     17                         ture’ means infrastructure that supports or
                                                                     18                         houses a facility for communication by wire (or
                                                                     19                         is designed to and capable of supporting or
                                                                     20                         housing such a facility) at the time when a
                                                                     21                         complete request to a State or local government
                                                                     22                         or instrumentality thereof for authorization to
                                                                     23                         place, construct, or modify a telecommuni-
                                                                     24                         cations service facility in or on the infrastruc-



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                                                                        1                       ture is received by the government or instru-
                                                                        2                       mentality.
                                                                        3                                ‘‘(D) ELIGIBLE                     SUPPORT STRUCTURE.—

                                                                        4                       The term ‘eligible support structure’ means a
                                                                        5                       structure that supports a personal wireless serv-
                                                                        6                       ice facility at the time at which the eligible fa-
                                                                        7                       cilities request is made.
                                                                        8                                ‘‘(E) PERSONAL WIRELESS SERVICE FA-
                                                                        9                       CILITY.—The term ‘personal wireless service fa-

                                                                     10                         cility’ means a facility necessary for the provi-
                                                                     11                         sion of—
                                                                     12                                          ‘‘(i) commercial mobile service;
                                                                     13                                          ‘‘(ii) commercial mobile data service
                                                                     14                                  (as that term is defined in section 6001 of
                                                                     15                                  the Middle Class Tax Relief and Job Cre-
                                                                     16                                  ation Act of 2012 (47 U.S.C. 1401));
                                                                     17                                          ‘‘(iii) unlicensed wireless service; and
                                                                     18                                          ‘‘(iv) common carrier wireless ex-
                                                                     19                                  change access service.
                                                                     20                                  ‘‘(F) TELECOMMUNICATIONS SERVICE FA-
                                                                     21                         CILITY.—The term ‘telecommunications service

                                                                     22                         facility’ means a facility for the provision of any
                                                                     23                         interstate            or        intrastate           telecommunications
                                                                     24                         service.’’.



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                                                                        1               (b) IMPLEMENTATION.—Not later than 180 days
                                                                        2 after the date of the enactment of this Act, the Federal
                                                                        3 Communications Commission shall issue final rules imple-
                                                                        4 menting subsection (a), and the amendments made by
                                                                        5 such subsection.
                                                                        6        SEC. 213. PROPORTIONAL REVIEWS FOR BROADBAND DE-

                                                                        7                                 PLOYMENT.

                                                                        8               Section 6409(a)(3) of the Middle Class Tax Relief
                                                                        9 and Job Creation Act of 2012 (47 U.S.C. 1455(a)(3)) is
                                                                     10 amended to read as follows:
                                                                     11                          ‘‘(3) APPLICATION OF NEPA; NHPA.—
                                                                     12                                    ‘‘(A) NEPA EXEMPTION.—An eligible fa-
                                                                     13                          cilities request shall not be subject to the re-
                                                                     14                          quirements of section 102(2)(C) of the National
                                                                     15                          Environmental Policy Act of 1969 (42 U.S.C.
                                                                     16                          4332(2)(C)).
                                                                     17                                    ‘‘(B) NATIONAL HISTORIC PRESERVATION
                                                                     18                          ACT EXEMPTION.—An eligible facilities request

                                                                     19                          shall not be considered an undertaking under
                                                                     20                          section 300320 of title 54, United States
                                                                     21                          Code.’’.
                                                                     22          SEC. 214. PROTECTING CRITICAL INFRASTRUCTURE.

                                                                     23                 (a) IN GENERAL.—Title V of the Communications
                                                                     24 Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding



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                                                                     25 after section 501, the following new section:


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                                                                        1 ‘‘§ 501A. Enhanced general penalty
                                                                        2              ‘‘(a) OFFENSES.—Whoever, during and in relation to
                                                                        3 a violation enumerated in section 501, willfully or mali-
                                                                        4 ciously destroys any communications facility, in addition
                                                                        5 to the punishment provided for a violation that includes
                                                                        6 imprisonment, be sentenced to a term of imprisonment of
                                                                        7 2 years.
                                                                        8              ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding
                                                                        9 any other provision of law—
                                                                     10                         ‘‘(1) a court may not place on probation any
                                                                     11                person convicted of a violation of this section;
                                                                     12                         ‘‘(2) except as provided in paragraph (3), a
                                                                     13                term of imprisonment imposed on a person under
                                                                     14                this section may not run concurrently with any other
                                                                     15                term of imprisonment imposed on the person under
                                                                     16                any other provision of law, including any term of im-
                                                                     17                prisonment imposed for the violation of this section;
                                                                     18                and
                                                                     19                         ‘‘(3) a term of imprisonment imposed on a per-
                                                                     20                son for a violation of this section may, in the discre-
                                                                     21                tion of the court, run concurrently, in whole or in
                                                                     22                part, only with another term of imprisonment that
                                                                     23                is imposed by the court at the same time on that
                                                                     24                person for an additional violation of this section, if




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                                                                     25                the discretion is exercised in accordance with appli-
                                                                     26                cable guidelines and policy statements issued by the
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                                                                        1              Sentencing Commission pursuant to section 994 of
                                                                        2              title 28, United States Code.
                                                                        3              ‘‘(c) COMMUNICATIONS FACILITY DEFINED.—In this
                                                                        4 section, the term ‘communications facility’ includes—
                                                                        5                       ‘‘(1) any infrastructure, including any transmit-
                                                                        6              ting device, tower, or support structure, and any
                                                                        7              equipment, switches, wiring, cabling, power sources,
                                                                        8              shelters, or cabinets, associated with the licensed or
                                                                        9              permitted unlicensed wireless or wireline trans-
                                                                     10                mission of writings, signs, signals, data, images, pic-
                                                                     11                tures, and sounds of all kinds; and
                                                                     12                         ‘‘(2) any antenna or apparatus that—
                                                                     13                                   ‘‘(A) is designed for the purpose of emit-
                                                                     14                         ting radio frequency;
                                                                     15                                   ‘‘(B) is designed to be operated, or is oper-
                                                                     16                         ating, from a fixed location pursuant to author-
                                                                     17                         ization by the Commission or is using duly au-
                                                                     18                         thorized devices that do not require individual
                                                                     19                         licenses; and
                                                                     20                                   ‘‘(C) is added to a tower, building, or other
                                                                     21                         structure.’’.
                                                                     22          SEC. 215. REDUCING ANTIQUATED PERMITTING FOR IN-

                                                                     23                                  FRASTRUCTURE DEPLOYMENT.

                                                                     24                (a) DEFINITIONS.—In this section:



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                                                                        1                       (1) PERSONAL WIRELESS SERVICE.—The term
                                                                        2              ‘‘personal wireless service’’ means—
                                                                        3                                (A) commercial mobile service (as defined
                                                                        4                       in section 332(d) of the Communications Act of
                                                                        5                       1934 (47 U.S.C. 332(d)));
                                                                        6                                (B) commercial mobile data service (as de-
                                                                        7                       fined in section 6001 of the Middle Class Tax
                                                                        8                       Relief and Job Creation Act of 2012 (47 U.S.C.
                                                                        9                       1401));
                                                                     10                                  (C) unlicensed wireless service; and
                                                                     11                                  (D) common carrier wireless exchange ac-
                                                                     12                         cess service.
                                                                     13                         (2) PERSONAL WIRELESS SERVICE FACILITY.—
                                                                     14                The term ‘‘personal wireless service facility’’ means
                                                                     15                a facility for the provision of personal wireless serv-
                                                                     16                ice.
                                                                     17                         (3) SMALL PERSONAL WIRELESS SERVICE FA-
                                                                     18                CILITY.—The term ‘‘small personal wireless service

                                                                     19                facility’’—
                                                                     20                                  (A) means a personal wireless service facil-
                                                                     21                         ity in which each antenna is not more than 3
                                                                     22                         cubic feet in volume; and
                                                                     23                                  (B) does not include a wireline backhaul
                                                                     24                         facility.



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                                                                        1                       (4) WIRELINE BACKHAUL FACILITY.—The term
                                                                        2              ‘‘wireline backhaul facility’’ means an above-ground
                                                                        3              or underground wireline facility used to transport
                                                                        4              communications service or other electronic commu-
                                                                        5              nications from a small personal wireless service facil-
                                                                        6              ity or its adjacent network interface device to a com-
                                                                        7              munications network.
                                                                        8              (b) IN GENERAL.—The deployment of a small per-
                                                                        9 sonal wireless service facility shall not constitute an under-
                                                                     10 taking under section 300320 of title 54, United States
                                                                     11 Code, or a major Federal action for the purposes of sec-
                                                                     12 tion 102(2)(C) of the National Environmental Policy Act
                                                                     13 of 1969 (42 U.S.C. 4332).
                                                                     14                (c) REBUTTABLE PRESUMPTION.—
                                                                     15                         (1) IN GENERAL.—If a federally recognized In-
                                                                     16                dian Tribe or Native Hawaiian Organization is
                                                                     17                shown to have received a complete Form 620 or
                                                                     18                Form 621 (or any successor form), or can be rea-
                                                                     19                sonably expected to have received a complete Form
                                                                     20                620 or Form 621 (or any successor form), and has
                                                                     21                not acted on a complete request contained in the
                                                                     22                form within 45 days after such receipt—
                                                                     23                                  (A) the Commission and a court of com-
                                                                     24                         petent jurisdiction (as the case may be) shall



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                                                                        1                       effort to provide the information reasonably
                                                                        2                       necessary for federally recognized Indian Tribes
                                                                        3                       and Native Hawaiian Organizations to ascertain
                                                                        4                       whether historic properties of religious and cul-
                                                                        5                       tural significance to them may be affected by
                                                                        6                       the undertaking; and
                                                                        7                                (B) the federally recognized Indian Tribe
                                                                        8                       or Native Hawaiian Organization (as the case
                                                                        9                       may be) shall be presumed to have disclaimed
                                                                     10                         interest in the application.
                                                                     11                         (2) OVERCOMING PRESUMPTION.—
                                                                     12                                  (A) IN           GENERAL.—Federally                            recognized
                                                                     13                         Indian Tribe or Native Hawaiian Organization
                                                                     14                         may overcome the presumption under para-
                                                                     15                         graph (1) upon favorably demonstrating one or
                                                                     16                         more of the factors to be considered under sub-
                                                                     17                         paragraph (B).
                                                                     18                                  (B) FACTORS CONSIDERED.—The review
                                                                     19                         by the Commission or a court of competent ju-
                                                                     20                         risdiction under paragraph (1) shall give sub-
                                                                     21                         stantial weight to—
                                                                     22                                          (i) whether the applicant made a rea-
                                                                     23                                  sonable attempt to follow up with the fed-
                                                                     24                                  erally recognized Indian Tribe or Native



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                                                                     25                                  Hawaiian Organization not earlier than 30


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                                                                        1                                 days, and not later than 50 days, after the
                                                                        2                                 applicant submitted a complete Form 620
                                                                        3                                 or Form 621 (as the case may be) to the
                                                                        4                                 federally recognized Indian Tribe or Native
                                                                        5                                 Hawaiian Organization; and
                                                                        6                                         (ii) whether the rules of the Commis-
                                                                        7                                 sion and Form 620 or Form 621 is found
                                                                        8                                 to be in violation of a Nationwide Pro-
                                                                        9                                 grammatic Agreement of the Commission.
                                                                     10          SEC. 216. COASTAL BROADBAND DEPLOYMENT.

                                                                     11                 (a) NEPA EXEMPTION.—A covered project shall not
                                                                     12 be subject to the requirements of section 102(2)(C) of the
                                                                     13 National Environmental Policy Act of 1969 (42 U.S.C.
                                                                     14 4332(2)(C)).
                                                                     15                 (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                     16          EMPTION.—A covered project shall not be considered an

                                                                     17 undertaking under section 300320 of title 54, United
                                                                     18 States Code.
                                                                     19                 (c) DEFINITIONS.—In this section:
                                                                     20                          (1) COMMISSION.—The term ‘‘Commission’’
                                                                     21                 means the Federal Communications Commission.
                                                                     22                          (2) COMMUNICATIONS                             FACILITY.—The            term
                                                                     23                 ‘‘communications facility’’ includes—




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                                                                        1                                (A) any wireless or wireline infrastructure
                                                                        2                       for the transmission of writing, signs, signals,
                                                                        3                       data, images, pictures, or sounds of all kinds;
                                                                        4                                (B) any transmitting device, tower, or sup-
                                                                        5                       port structure, and any equipment, switches,
                                                                        6                       wiring, cabling, power sources, shelters, or cabi-
                                                                        7                       nets, associated with the provision of commu-
                                                                        8                       nications service; and
                                                                        9                                (C) any antenna or apparatus that—
                                                                     10                                          (i) is designed for the purpose of
                                                                     11                                  emitting radio frequency;
                                                                     12                                          (ii) is designed to be operated, or is
                                                                     13                                  operating, from a fixed location; and
                                                                     14                                          (iii) is added to a tower, building, or
                                                                     15                                  other structure.
                                                                     16                         (3) COMMUNICATIONS                              SERVICE.—The            term
                                                                     17                ‘‘communications service’’ means a service for the
                                                                     18                transmission of writing, signs, signals, data, images,
                                                                     19                pictures, or sounds of all kinds.
                                                                     20                         (4) COVERED PROJECT.—The term ‘‘covered
                                                                     21                project’’ means a project—
                                                                     22                                  (A) for the deployment or modification of
                                                                     23                         a communications facility that is to be carried
                                                                     24                         out entirely within a floodplain (as defined in



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                                                                        1                        tions, as in effect on the date of the enactment
                                                                        2                        of this Act); and
                                                                        3                                 (B) for which a permit, license, or approval
                                                                        4                        from the Commission is required or that is oth-
                                                                        5                        erwise subject to the jurisdiction of the Com-
                                                                        6                        mission.
                                                                        7        SEC. 217. BROWNFIELDS BROADBAND DEPLOYMENT.

                                                                        8               (a) NEPA EXEMPTION.—A covered project shall not
                                                                        9 be subject to the requirements of section 102(2)(C) of the
                                                                     10 National Environmental Policy Act of 1969 (42 U.S.C.
                                                                     11 4332(2)(C)).
                                                                     12                 (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                     13          EMPTION.—A covered project shall not be considered an

                                                                     14 undertaking under section 300320 of title 54, United
                                                                     15 States Code.
                                                                     16                 (c) DEFINITIONS.—In this section:
                                                                     17                          (1) COMMISSION.—The term ‘‘Commission’’
                                                                     18                 means the Federal Communications Commission.
                                                                     19                          (2) COMMUNICATIONS                             FACILITY.—The            term
                                                                     20                 ‘‘communications facility’’ includes—
                                                                     21                                   (A) any wireless or wireline infrastructure
                                                                     22                          for the transmission of writing, signs, signals,
                                                                     23                          data, images, pictures, or sounds of all kinds;
                                                                     24                                   (B) any transmitting device, tower, or sup-



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                                                                        1                       wiring, cabling, power sources, shelters, or cabi-
                                                                        2                       nets, associated with the provision of commu-
                                                                        3                       nications service; and
                                                                        4                                (C) any antenna or apparatus that—
                                                                        5                                        (i) is designed for the purpose of
                                                                        6                                emitting radio frequency;
                                                                        7                                        (ii) is designed to be operated, or is
                                                                        8                                operating, from a fixed location; and
                                                                        9                                        (iii) is added to a tower, building, or
                                                                     10                                  other structure.
                                                                     11                         (3) COMMUNICATIONS                              SERVICE.—The            term
                                                                     12                ‘‘communications service’’ means a service for the
                                                                     13                transmission of writing, signs, signals, data, images,
                                                                     14                pictures, or sounds of all kinds.
                                                                     15                         (4) COVERED PROJECT.—The term ‘‘covered
                                                                     16                project’’ means a project—
                                                                     17                                  (A) for the deployment or modification of
                                                                     18                         a communications facility that is to be carried
                                                                     19                         out entirely within a brownfield site (as defined
                                                                     20                         in section 101 of the Comprehensive Environ-
                                                                     21                         mental Response, Compensation, and Liability
                                                                     22                         Act of 1980 (42 U.S.C. 9601)); and
                                                                     23                                  (B) for which a permit, license, or approval
                                                                     24                         from the Commission is required or that is oth-



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                                                                        1                        erwise subject to the jurisdiction of the Com-
                                                                        2                        mission.
                                                                        3        SEC. 218. TRUSTED BROADBAND NETWORKS.

                                                                        4               (a) NEPA EXEMPTION.—A covered project shall not
                                                                        5 be subject to the requirements of section 102(2)(C) of the
                                                                        6 National Environmental Policy Act of 1969 (42 U.S.C.
                                                                        7 4332(2)(C)).
                                                                        8               (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                        9        EMPTION.—A covered project shall not be considered an

                                                                     10 undertaking under section 300320 of title 54, United
                                                                     11 States Code.
                                                                     12                 (c) COVERED PROJECT DEFINED.—In this section,
                                                                     13 the term ‘‘covered project’’ means a project to perma-
                                                                     14 nently remove covered communications equipment or serv-
                                                                     15 ices (as defined in section 9 of the Secure and Trusted
                                                                     16 Communications Networks Act of 2019 (47 U.S.C. 1608))
                                                                     17 and to replace such covered communications equipment or
                                                                     18 services with communications equipment or services that
                                                                     19 are not covered communications equipment or services (as
                                                                     20 so defined).
                                                                     21          SEC. 219. CONNECTING COMMUNITIES POST DISASTER.

                                                                     22                 (a) NEPA EXEMPTION.—A covered project shall not
                                                                     23 be subject to the requirements of section 102(2)(C) of the
                                                                     24 National Environmental Policy Act of 1969 (42 U.S.C.



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                                                                     25 4332(2)(C)).


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                                                                        1               (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                        2        EMPTION.—A covered project shall not be considered an

                                                                        3 undertaking under section 300320 of title 54, United
                                                                        4 States Code.
                                                                        5               (c) DEFINITIONS.—In this section:
                                                                        6                        (1) COMMUNICATIONS                             FACILITY.—The            term
                                                                        7               ‘‘communications facility’’ includes—
                                                                        8                                 (A) any wireless or wireline infrastructure
                                                                        9                        for the transmission of writing, signs, signals,
                                                                     10                          data, images, pictures, or sounds of all kinds;
                                                                     11                                   (B) any transmitting device, tower, or sup-
                                                                     12                          port structure, and any equipment, switches,
                                                                     13                          wiring, cabling, power sources, shelters, or cabi-
                                                                     14                          nets, associated with the provision of commu-
                                                                     15                          nications services; and
                                                                     16                                   (C) any antenna or apparatus that—
                                                                     17                                           (i) is designed for the purpose of
                                                                     18                                   emitting radio frequency;
                                                                     19                                           (ii) is designed to be operated, or is
                                                                     20                                   operating, from a fixed location; and
                                                                     21                                           (iii) is added to a tower, building, or
                                                                     22                                   other structure.
                                                                     23                          (2) COMMUNICATIONS                              SERVICE.—The            term
                                                                     24                 ‘‘communications service’’ means a service for the



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                                                                        1               transmission of writing, signs, signals, data, images,
                                                                        2               pictures, or sounds of all kinds.
                                                                        3                        (3) COVERED PROJECT.—The term ‘‘covered
                                                                        4               project’’ means a project that—
                                                                        5                                 (A) is to be carried out within an area for
                                                                        6                        which the President has declared a major dis-
                                                                        7                        aster or an emergency under the Robert T.
                                                                        8                        Stafford Disaster Relief and Emergency Assist-
                                                                        9                        ance Act (42 U.S.C. 5121 et seq.);
                                                                     10                                   (B) is to be carried out not later than 5
                                                                     11                          years after the date on which the President
                                                                     12                          made such declaration; and
                                                                     13                                   (C) replaces a communications facility
                                                                     14                          damaged by such disaster or emergency or
                                                                     15                          makes improvements to a communications facil-
                                                                     16                          ity in such area that could reasonably be con-
                                                                     17                          sidered as necessary for recovery from such dis-
                                                                     18                          aster or emergency or to prevent or mitigate fu-
                                                                     19                          ture disasters or emergencies.
                                                                     20          SEC. 220. WILDFIRE WIRELESS RESILIENCY.

                                                                     21                 (a) NEPA EXEMPTION.—A covered project shall not
                                                                     22 be subject to the requirements of section 102(2)(C) of the
                                                                     23 National Environmental Policy Act of 1969 (42 U.S.C.
                                                                     24 4332(2)(C)).



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                                                                        1               (b) NATIONAL HISTORIC PRESERVATION ACT EX-
                                                                        2        EMPTION.—A covered project shall not be considered an

                                                                        3 undertaking under section 300320 of title 54, United
                                                                        4 States Code.
                                                                        5               (c) DEFINITIONS.—In this section:
                                                                        6                        (1) COMMUNICATIONS                             FACILITY.—The            term
                                                                        7               ‘‘communications facility’’ includes—
                                                                        8                                 (A) any wireless or wireline infrastructure
                                                                        9                        for the transmission of writing, sign, signal,
                                                                     10                          data, image, picture, or sound of any kind;
                                                                     11                                   (B) any transmitting device, tower, or sup-
                                                                     12                          port structure, and any equipment, switch, wir-
                                                                     13                          ing, cabling, power source, shelter, or cabinet,
                                                                     14                          associated with the provision of communications
                                                                     15                          services; and
                                                                     16                                   (C) any antenna or apparatus that—
                                                                     17                                           (i) is designed for the purpose of
                                                                     18                                   emitting radio frequency;
                                                                     19                                           (ii) is designed to be operated, or is
                                                                     20                                   operating, from a fixed location; and
                                                                     21                                           (iii) is added to a tower, building, or
                                                                     22                                   other structure.
                                                                     23                          (2) COMMUNICATIONS                              SERVICE.—The            term
                                                                     24                 ‘‘communications service’’ means a service for the



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                                                                        1               transmission of any writing, sign, signal, data,
                                                                        2               image, picture, or sound of any kind.
                                                                        3                        (3) COVERED PROJECT.—The term ‘‘covered
                                                                        4               project’’ means a project that—
                                                                        5                                 (A) is to be carried out entirely within an
                                                                        6                        area for which a Governor has declared a major
                                                                        7                        disaster or an emergency related to a wildfire;
                                                                        8                                 (B) is to be carried out not later than 5
                                                                        9                        years after the date the Governor made such
                                                                     10                          declaration; and
                                                                     11                                   (C) replaces a communications facility
                                                                     12                          damaged by such disaster or emergency or
                                                                     13                          makes improvements to a communications facil-
                                                                     14                          ity in such area that could reasonably be con-
                                                                     15                          sidered as necessary for recovery from such dis-
                                                                     16                          aster or emergency or to prevent or mitigate
                                                                     17                          any future disaster or emergency.
                                                                     18          SEC. 221. STANDARD FEES.

                                                                     19                 (a) IN GENERAL.—Section 6409 of the Middle Class
                                                                     20 Tax Relief and Job Creation Act of 2012 (47 U.S.C.
                                                                     21 1455) is amended—
                                                                     22                          (1) by redesignating subsection (d) as sub-
                                                                     23                 section (e); and
                                                                     24                          (2) by inserting after subsection (c) the fol-



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                                                                     25                 lowing:


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                                                                        1              ‘‘(d) COMMON FEE SCHEDULE.—
                                                                        2                       ‘‘(1) IN GENERAL.—Notwithstanding any other
                                                                        3              provision of law, the Administrator of General Serv-
                                                                        4              ices shall establish a common fee schedule for the
                                                                        5              processing of applications under subsections (b)(1)
                                                                        6              and (c).
                                                                        7                       ‘‘(2) FEE GUIDELINES.—The application fees
                                                                        8              established under paragraph (1) shall be—
                                                                        9                                ‘‘(A) based on direct and actual cost recov-
                                                                     10                         ery; and
                                                                     11                                  ‘‘(B) competitively neutral with regard to
                                                                     12                         other users of the building or other property
                                                                     13                         owned by the Federal Government.
                                                                     14                         ‘‘(3) EXCEPTIONS.—The Administrator of Gen-
                                                                     15                eral Services may establish competitively neutral ex-
                                                                     16                ceptions to the fee amounts established under para-
                                                                     17                graph (1)—
                                                                     18                                  ‘‘(A) in consideration of the public benefit
                                                                     19                         provided by a grant of an easement, right-of-
                                                                     20                         way, or lease; and
                                                                     21                                  ‘‘(B) in the interest of expanding wireless
                                                                     22                         and broadband coverage.
                                                                     23                         ‘‘(4) USE OF FEES COLLECTED.—Any fee col-
                                                                     24                lected by an executive agency under this section



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                                                                     25                shall only be available to the extent, and in such


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                                                                        1              amounts, as are provided in advance in appropria-
                                                                        2              tion Acts, to the agency to cover the costs of grant-
                                                                        3              ing the easement, right-of-way, or lease.’’.
                                                                        4              (b) DEADLINE.—The Administrator of General Serv-
                                                                        5 ices shall establish the fee schedule required under section
                                                                        6 6409(d) of the Middle Class Tax Relief and Job Creation
                                                                        7 Act of 2012 (47 U.S.C. 1455(d)), as added by subsection
                                                                        8 (a), not later than 30 days after the date of enactment
                                                                        9 of this Act.
                                                                     10          SEC. 222. EXPEDITING FEDERAL BROADBAND DEPLOY-

                                                                     11                                  MENT.

                                                                     12                (a) DEFINITIONS.—In this section:
                                                                     13                         (1)        APPROPRIATE                      COMMITTEES                  OF   CON-

                                                                     14                GRESS.—The term ‘‘appropriate committees of Con-

                                                                     15                gress’’ means—
                                                                     16                                   (A) the Committee on Energy and Com-
                                                                     17                         merce of the House of Representatives;
                                                                     18                                   (B) the Committee on Natural Resources
                                                                     19                         of the House of Representatives;
                                                                     20                                   (C) the Committee on Commerce, Science,
                                                                     21                         and Transportation of the Senate;
                                                                     22                                   (D) the Committee on Environment and
                                                                     23                         Public Works of the Senate;
                                                                     24                                   (E) the Committee on Agriculture of the



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                                                                     25                         House of Representatives; and


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                                                                        1                                (F) the Committee on Agriculture, Nutri-
                                                                        2                       tion, and Forestry of the Senate.
                                                                        3                       (2) ASSISTANT SECRETARY.—The term ‘‘Assist-
                                                                        4              ant Secretary’’ means the Assistant Secretary of
                                                                        5              Commerce for Communications and Information.
                                                                        6                       (3) COMMUNICATIONS                             FACILITY.—The            term
                                                                        7              ‘‘communications facility’’ includes—
                                                                        8                                (A) any infrastructure, including any
                                                                        9                       transmitting device, tower, or support structure,
                                                                     10                         and any equipment, switches, wiring, cabling,
                                                                     11                         power sources, shelters, or cabinets, associated
                                                                     12                         with the licensed or permitted unlicensed wire-
                                                                     13                         less or wireline transmission of writings, signs,
                                                                     14                         signals, data, images, pictures, and sounds of
                                                                     15                         all kinds; and
                                                                     16                                  (B) any antenna or apparatus that—
                                                                     17                                          (i) is designed for the purpose of
                                                                     18                                  emitting radio frequency;
                                                                     19                                          (ii) is designed to be operated, or is
                                                                     20                                  operating, from a fixed location pursuant
                                                                     21                                  to authorization by the Commission or is
                                                                     22                                  using duly authorized devices that do not
                                                                     23                                  require individual licenses; and
                                                                     24                                          (iii) is added to a tower, building, or



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                                                                        1                       (4) COMMUNICATIONS USE.—The term ‘‘com-
                                                                        2              munications use’’ means the placement and oper-
                                                                        3              ation of a communications facility.
                                                                        4                       (5) COMMUNICATIONS USE AUTHORIZATION.—
                                                                        5              The         term        ‘‘communications                     use         authorization’’
                                                                        6              means an easement, right-of-way, lease, license, or
                                                                        7              other authorization to locate or modify a commu-
                                                                        8              nications facility on covered land by the Department
                                                                        9              concerned for the primary purpose of authorizing
                                                                     10                the occupancy and use of the covered land for com-
                                                                     11                munications use.
                                                                     12                         (6) COVERED LAND.—The term ‘‘covered land’’
                                                                     13                means—
                                                                     14                                  (A) public land administered by the Sec-
                                                                     15                         retary of the Interior; and
                                                                     16                                  (B) National Forest System land.
                                                                     17                         (7)       DEPARTMENT                    CONCERNED.—The                    term
                                                                     18                ‘‘Department concerned’’ means the Department of
                                                                     19                the Interior or the Department of Agriculture.
                                                                     20                         (8) ORGANIZATION UNIT.—The term ‘‘organiza-
                                                                     21                tional unit’’ means—
                                                                     22                                  (A) with respect to public land adminis-
                                                                     23                         tered by the Secretary of the Interior—
                                                                     24                                          (i) a State office;



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                                                                        1                                        (iii) a field office; and
                                                                        2                                (B) within the Forest Service—
                                                                        3                                        (i) a regional office;
                                                                        4                                        (ii) the headquarters;
                                                                        5                                        (iii) a management unit; or
                                                                        6                                        (iv) a ranger district office.
                                                                        7                       (9) STRIKE FORCE.—The term ‘‘Strike Force’’
                                                                        8              means the interagency strike force established in
                                                                        9              subsection (b)(1).
                                                                     10                (b) STRIKE FORCE.—
                                                                     11                         (1) ESTABLISHMENT.—Not later than 180 days
                                                                     12                after the date of enactment of this Act, the Assist-
                                                                     13                ant Secretary shall establish an interagency strike
                                                                     14                force to increase prioritization by the Department
                                                                     15                concerned, senior management of the Department
                                                                     16                concerned, or an organizational unit of reviews for
                                                                     17                communications use authorizations.
                                                                     18                         (2) DUTIES.—In carrying out the prioritization
                                                                     19                under paragraph (1), the Strike Force shall—
                                                                     20                                  (A) conduct periodic calls between mem-
                                                                     21                         bers of the Strike Force relating to requests for
                                                                     22                         communications use authorizations; and
                                                                     23                                  (B) monitor and facilitate accountability of
                                                                     24                         the Department concerned and organizational



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                                                                        1                         the review of requests for communications use
                                                                        2                         authorizations.
                                                                        3                         (3) MEMBERS.—The Strike Force shall be com-
                                                                        4               posed of such representatives of Departments con-
                                                                        5               cerned as the Assistant Secretary considers appro-
                                                                        6               priate, in addition to—
                                                                        7                                   (A) the Assistant Secretary;
                                                                        8                                   (B) a representative of the Department
                                                                        9                         concerned;
                                                                     10                                     (C) senior management of the Department
                                                                     11                           concerned; and
                                                                     12                                     (D) the head of each organizational unit.
                                                                     13                           (4) REPORT TO CONGRESS.—Not later than
                                                                     14                 270 days after the date of enactment of this Act, the
                                                                     15                 Strike Force shall submit to the appropriate com-
                                                                     16                 mittees of Congress a report on the effectiveness of
                                                                     17                 the Strike Force in increasing the prioritization of
                                                                     18                 reviews for communications use authorization re-
                                                                     19                 quests.
                                                                     20          SEC.          223.     FEDERAL              BROADBAND                   DEPLOYMENT              IN

                                                                     21                                    UNSERVED AREAS.

                                                                     22                 (a) DEFINITIONS.—In this section:
                                                                     23                           (1)        APPROPRIATE                      COMMITTEES                  OF   CON-

                                                                     24                 GRESS.—The term ‘‘appropriate committees of Con-




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                                                                     25                 gress’’ means—


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                                                                        1                                (A) the Committee on Energy and Com-
                                                                        2                       merce of the House of Representatives;
                                                                        3                                (B) the Committee on Natural Resources
                                                                        4                       of the House of Representatives;
                                                                        5                                (C) the Committee on Commerce, Science,
                                                                        6                       and Transportation of the Senate;
                                                                        7                                (D) the Committee on Environment and
                                                                        8                       Public Works of the Senate;
                                                                        9                                (E) the Committee on Agriculture of the
                                                                     10                         House of Representatives; and
                                                                     11                                  (F) the Committee on Agriculture, Nutri-
                                                                     12                         tion, and Forestry of the Senate.
                                                                     13                         (2) COMMISSION.—The term ‘‘Commission’’
                                                                     14                means the Federal Communications Commission.
                                                                     15                         (3) COMMUNICATIONS                             FACILITY.—The            term
                                                                     16                ‘‘communications facility’’ includes—
                                                                     17                                  (A) any infrastructure, including any
                                                                     18                         transmitting device, tower, or support structure,
                                                                     19                         and any equipment, switch, wiring, cabling,
                                                                     20                         power source, shelter, or cabinet, associated
                                                                     21                         with the licensed or permitted unlicensed wire-
                                                                     22                         less or wireline transmission of any writing,
                                                                     23                         sign, signal, data, image, picture, and sound of
                                                                     24                         any kind; and



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                                                                     25                                  (B) any antenna or apparatus that—


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                                                                        1                                        (i) is designed for the purpose of
                                                                        2                                emitting radio frequency;
                                                                        3                                        (ii) is designed to be operated, or is
                                                                        4                                operating, from a fixed location pursuant
                                                                        5                                to authorization by the Commission or is
                                                                        6                                using any duly authorized device that does
                                                                        7                                not require an individual license; and
                                                                        8                                        (iii) is added to a tower, building, or
                                                                        9                                other structure.
                                                                     10                         (4) COVERED LAND.—The term ‘‘covered land’’
                                                                     11                means land managed by a Federal land management
                                                                     12                agency.
                                                                     13                         (5)       DEPARTMENT                    CONCERNED.—The                  term
                                                                     14                ‘‘Department concerned’’ means the Department of
                                                                     15                the Interior or the Department of Agriculture.
                                                                     16                         (6) FEDERAL LAND MANAGEMENT AGENCY.—
                                                                     17                The term ‘‘Federal land management agency’’
                                                                     18                means—
                                                                     19                                  (A) the Forest Service;
                                                                     20                                  (B) the Bureau of Land Management;
                                                                     21                                  (C) the National Park Service;
                                                                     22                                  (D) the Fish and Wildlife Service; and
                                                                     23                                  (E) the Bureau of Reclamation.
                                                                     24                         (7) SECRETARY CONCERNED.—The term ‘‘Sec-



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                                                                     25                retary concerned’’ means—


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                                                                        1                                (A) the Secretary of the Interior, with re-
                                                                        2                       spect to land administered by such Secretary;
                                                                        3                                (B) the Secretary of Agriculture, with re-
                                                                        4                       spect to National Forest System land; and
                                                                        5                                (C) the Secretary of Commerce.
                                                                        6              (b) SHARING BROADBAND AVAILABILITY DATA.—
                                                                        7                       (1) NOTIFICATION.—Not later than 2 business
                                                                        8              days after the creation or update of any map re-
                                                                        9              quired under section 802(c)(1) of the Communica-
                                                                     10                tions Act of 1934 (47 U.S.C. 642(c)(1)), the Com-
                                                                     11                mission shall notify the Secretary concerned that the
                                                                     12                map has been created or updated.
                                                                     13                         (2) PROVISION OF INFORMATION.—Not later
                                                                     14                than 5 business days after the date on which the
                                                                     15                Secretary concerned is notified under paragraph (1),
                                                                     16                the Commission shall provide the Secretary con-
                                                                     17                cerned any data the Commission has collected pursu-
                                                                     18                ant to title VIII of the Communications Act of 1934
                                                                     19                (47 U.S.C. 641 et seq.).
                                                                     20                         (3) CONTINUATION.—The Commission shall
                                                                     21                provide the Secretary concerned the information de-
                                                                     22                scribed in paragraph (2) every 6 months unless the
                                                                     23                Commission no longer has such information.
                                                                     24                         (4) PROTECTION OF INFORMATION.—



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                                                                        1                                (A) IN GENERAL.—The Commission shall
                                                                        2                       specify to the Secretary concerned which infor-
                                                                        3                       mation provided under paragraph (2) was col-
                                                                        4                       lected in a confidential or proprietary manner,
                                                                        5                       and the Secretary concerned may not make
                                                                        6                       such information publicly available.
                                                                        7                                (B) FOIA.—Information provided under
                                                                        8                       paragraph (2) is exempt from disclosure to the
                                                                        9                       public under section 552(b)(3)(B) of title 5,
                                                                     10                         United States Code.
                                                                     11                (c) WORKING GROUP.—
                                                                     12                         (1) ESTABLISHMENT.—Not later than 30 days
                                                                     13                after the date of enactment of this section, the Com-
                                                                     14                mission and the Secretary concerned shall establish
                                                                     15                an interagency working group to facilitate the prepa-
                                                                     16                ration and interoperability of information technology
                                                                     17                systems for the provision and receipt of the informa-
                                                                     18                tion described in subsection (b)(2).
                                                                     19                         (2) NONAPPLICABILITY OF FACA.—The Federal
                                                                     20                Advisory Committee Act (5 U.S.C. App.) shall not
                                                                     21                apply to the interagency working group established
                                                                     22                under paragraph (1).
                                                                     23                (d) REPORTS.—
                                                                     24                         (1) PRELIMINARY ASSESSMENT OF POTENTIAL



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                                                                     25                BARRIERS.—Not                    later 120 days after the date on


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                                                                        1              which the interagency working group is established
                                                                        2              pursuant to subsection (c)(1), the Commission and
                                                                        3              the Secretary concerned shall jointly submit a report
                                                                        4              to the appropriate committees of Congress with a
                                                                        5              preliminary assessment of any potential barriers to
                                                                        6              sharing the information described under subsection
                                                                        7              (b)(2).
                                                                        8                       (2) ASSESSMENTS.—Not later than 1 year after
                                                                        9              the date on which the Commission provides the in-
                                                                     10                formation described under subsection (b)(2) to the
                                                                     11                Department concerned, the Commission and the Sec-
                                                                     12                retary concerned shall jointly submit a report to the
                                                                     13                appropriate committees of Congress with—
                                                                     14                                  (A) an assessment of the effectiveness of a
                                                                     15                         user’s ability to locate broadband infrastructure
                                                                     16                         on covered land in an area to be determined as
                                                                     17                         unserved by the Commission on the basis of the
                                                                     18                         maps created under section 802(c) of the Com-
                                                                     19                         munications Act of 1934 (47 U.S.C. 642(c));
                                                                     20                         and
                                                                     21                                  (B) an assessment of whether the Depart-
                                                                     22                         ment concerned prioritized the review of appli-
                                                                     23                         cations for a communications use authorization
                                                                     24                         in an area to be determined as unserved by the



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                                                                        1                       Commission on the basis of the maps created
                                                                        2                       under such section.
                                                                        3        SEC. 224. FEDERAL BROADBAND DEPLOYMENT TRACKING.

                                                                        4              (a) IN GENERAL.—Not later than 180 days after the
                                                                        5 date of the enactment of this Act, the Assistant Secretary
                                                                        6 shall submit to the appropriate committees of Congress
                                                                        7 a report containing the elements described in subsection
                                                                        8 (b).
                                                                        9              (b) ELEMENTS DESCRIBED.—The elements described
                                                                     10 in this subsection are the following:
                                                                     11                         (1) A plan describing how the Assistant Sec-
                                                                     12                retary will track the acceptance, processing, and dis-
                                                                     13                posal of a Form 299 submitted to the Secretary con-
                                                                     14                cerned by a requesting party.
                                                                     15                         (2) A description of how the Assistant Sec-
                                                                     16                retary would most expeditiously implement the plan
                                                                     17                described in paragraph (1).
                                                                     18                         (3) A description of how the Assistant Sec-
                                                                     19                retary may increase transparency to a requesting
                                                                     20                party on the status of a Form 299 received by the
                                                                     21                Secretary concerned.
                                                                     22                         (4) A description of any barriers the Assistant
                                                                     23                Secretary determines could delay the implementation
                                                                     24                of the plan described in paragraph (1).



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                                                                     25                (c) DEFINITIONS.—In this section:


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                                                                        1                       (1)        APPROPRIATE                      COMMITTEES                  OF     CON-

                                                                        2              GRESS.—The term ‘‘appropriate committees of Con-

                                                                        3              gress’’ means—
                                                                        4                                (A) the Committee on Energy and Com-
                                                                        5                       merce of the House of Representatives;
                                                                        6                                (B) the Committee on Commerce, Science,
                                                                        7                       and Transportation of the Senate;
                                                                        8                                (C) the Committee on Agriculture of the
                                                                        9                       House of Representatives; and
                                                                     10                                  (D) the Committee on Agriculture, Nutri-
                                                                     11                         tion, and Forestry of the Senate.
                                                                     12                         (2) ASSISTANT SECRETARY.—The term ‘‘Assist-
                                                                     13                ant Secretary’’ means the Assistant Secretary of
                                                                     14                Commerce for Communications and Information.
                                                                     15                         (3) FORM 299.—The term ‘‘Form 299’’ means
                                                                     16                the         form              developed              pursuant              to         section
                                                                     17                6409(b)(2)(A) of the Middle Class Tax Relief and
                                                                     18                Job          Creation              Act          of        2012            (47         U.S.C.
                                                                     19                1455(b)(2)(A)), or any successor form.
                                                                     20                         (4) NATIONAL                    FOREST            SYSTEM.—The                  term
                                                                     21                ‘‘National Forest System’’ has the meaning given
                                                                     22                the term in section 11(a) of the Forest and Range-
                                                                     23                land Renewable Resources Planning Act of 1974 (16
                                                                     24                U.S.C. 1609(a)).



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                                                                        1                       (5) PUBLIC LAND.—The term ‘‘public land’’
                                                                        2              means land under the management of—
                                                                        3                                (A) the Bureau of Land Management;
                                                                        4                                (B) the National Park Service;
                                                                        5                                (C) the United States Fish and Wildlife
                                                                        6                       Service; or
                                                                        7                                (D) the Bureau of Reclamation.
                                                                        8                       (6) SECRETARY CONCERNED.—The term ‘‘Sec-
                                                                        9              retary concerned’’ means—
                                                                     10                                  (A) the Secretary of the Interior, with re-
                                                                     11                         spect to public land; and
                                                                     12                                  (B) the Secretary of Agriculture, with re-
                                                                     13                         spect to National Forest System land.
                                                                                                                                Æ




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