Removal of barriers to entry

Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is amended to read as follows:

253.

Removal of barriers to entry

(a)

In general

No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance the provision of any interstate or intrastate telecommunications service.(b)

Placement, construction, or modification of telecommunications service facilities

(1)

Prohibition on discrimination

The regulation of the placement, construction, or modification of a telecommunications service facility by a State or local government or instrumentality thereof may not discriminate—(A)among telecommunications service facilities—(i)based on the technology used to provide services; or(ii)based on the services provided; or(B)against telecommunications service facilities, as compared to the regulation of the placement, construction, or modification of other facilities.(2)

Timeframe to grant or deny requests

(A)

In general

A State or local government or instrumentality thereof shall grant or deny a request for authorization to place, construct, or modify a telecommunications service facility not later than—(i)if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the request is submitted by the requesting party to the government or instrumentality; or(ii)for any other action relating to such facility, 150 days after the date on which the request is submitted by the requesting party to the government or instrumentality.(B)

Applicability

The applicable timeframe under subparagraph (A) shall apply collectively to all proceedings, including permits and authorizations, required by a State or local government or instrumentality thereof for the approval of the request.(C)

No moritoria

A timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the submission, acceptance, or consideration of requests for authorization to place, construct, or modify a telecommunications service facility.(D)

Tolling due to incompleteness

(i)

Initial request incomplete

If, not later than 30 days after the date on which a requesting party submits to a State or local government or instrumentality thereof a request for authorization to place, construct, or modify a telecommunications service facility, the government or instrumentality provides to the requesting party a written notice described in clause (iii) with respect to the request, the timeframe described in subparagraph (A) is tolled with respect to the request until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice.(ii)

Supplemental submission incomplete

If, not later than 10 days after the date on which a requesting party submits to a State or local government or instrumentality thereof a supplemental submission in response to a written notice described in clause (iii), the government or instrumentality provides to the requesting party a written notice described in clause (iii) with respect to the supplemental submission, the timeframe under subparagraph (A) is further tolled until the date on which the requesting party submits to the government or instrumentality a subsequent supplemental submission in response to the notice.(iii)

Written notice described

The written notice described in this clause is, with respect to a request described in subparagraph (A) or a supplemental submission described in clause (i) or (ii) submitted to a State or local government or instrumentality thereof by a requesting party, a written notice from the government or instrumentality to the requesting party—(I)stating that all of the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted;(II)identifying the information described in subclause (I) that was not submitted; and(III)including a citation to a specific provision of a publicly available rule, regulation, or standard issued by the government or instrumentality requiring that such information be submitted with such a request.(iv)

Limitation on subsequent written notice

If a written notice provided by a State or local government or instrumentality thereof to a requesting party under clause (ii) with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted, the subsequent written notice shall be treated as not having been provided to the requesting party.(E)

Tolling by mutual agreement

The timeframe under subparagraph (A) may be tolled by mutual agreement between the State or local government or instrumentality thereof and the requesting party.(3)

Deemed granted

(A)

In general

If a State or local government or instrumentality thereof has neither granted nor denied a request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party.(B)

Rule of construction

In the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph.(4)

Written decision and record

A decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be—(A)in writing;(B)supported by substantial evidence contained in a written record; and(C)publicly released, and provided to the requesting party, on the same day such decision is made.(5)

Fees

(A)

In general

To the extent permitted by law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)—(i)to consider a request for authorization to place, construct, or modify a telecommunications service facility; or(ii)for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility.(B)

Requirements

A fee charged under subparagraph (A) shall be—(i)competitively neutral, technology neutral, and nondiscriminatory;(ii)established in advance and publicly disclosed;(iii)calculated—(I)based on actual and direct costs for—(aa)review and processing of requests; and(bb)repairs and replacement of—(AA)components and materials directly resulting from and affected by the placement, construction, or modification (including the installation or improvement) of telecommunications service facilities; or(BB)equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and(II)using, for purposes of subclause (I), only costs that are objectively reasonable; and(iv)described to a requesting party in a manner that distinguishes between—(I)nonrecurring fees and recurring fees; and(II)the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the request is submitted by the requesting party to the government or instrumentality.(c)

Judicial review

(1)

In general

A person adversely affected by a State or local statute, regulation, or other legal requirement, or by a final action or failure to act by a State or local government or instrumentality thereof, that is inconsistent with this section may commence an action in any court of competent jurisdiction.(2)

Timing

(A)

Expedited basis

A court shall hear and decide an action commenced under paragraph (1) on an expedited basis.(B)

Final action or failure to act

An action may only be commenced under paragraph (1) on the basis of a final action or failure to act by a State or local government or instrumentality thereof, if commenced not later than 30 days after such action or failure to act.(d)

Preservation of State regulatory authority

Nothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.(e)

Preservation of State and local government authority

Nothing in this section affects the authority of a State or local government or instrumentality thereof to manage, on a competitively neutral and nondiscriminatory basis, the public rights-of-way or to require, on a competitively neutral and nondiscriminatory basis, fair and reasonable compensation from telecommunications providers for use of public rights-of-way, if the compensation required meets the requirements of subsection (b)(5).(f)

Preemption

(1)

In general

If, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed a statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency.(2)

Timing

Not later than 120 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition.(g)

Commercial mobile service providers; cable operators

Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers or section 621 to cable operators.(h)

Rural markets

It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply—(1)to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and(2)to a provider of commercial mobile services.(i)

When request considered submitted

For the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party—(1)to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request; or(2)in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a request, to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure.(j)

Definitions

In this section:(1)

Eligible support infrastructure

The term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility (or that is designed for or capable of supporting or housing such a facility) at the time when a request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is submitted by the requesting party to the government or instrumentality.(2)

Telecommunications service facility

The term telecommunications service facility—(A)means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and(B)includes a facility described in subparagraph (A) that is used to provide other services.