[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1988 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1988

To streamline broadband infrastructure permitting on established public 
                 rights-of-way, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2017

Mr. Wicker (for himself and Ms. Cortez Masto) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To streamline broadband infrastructure permitting on established public 
                 rights-of-way, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlining Permitting to Enable 
Efficient Deployment of Broadband Infrastructure Act of 2017'' or the 
``SPEED Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``antenna'' means communications equipment 
        that transmits or receives electromagnetic radio frequency 
        signals used in the provision of wireless services;
            (2) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Natural Resources of the House 
                of Representatives;
            (3) the term ``Commission'' means the Federal 
        Communications Commission;
            (4) the term ``communications facility installation'' 
        includes--
                    (A) any infrastructure, including any transmitting 
                device, tower, or support structure, and any equipment, 
                switches, wiring, cabling, power sources, shelters, or 
                cabinets, associated with the licensed or permitted 
                unlicensed wireless or wireline transmission of 
                writings, signs, signals, data, images, pictures, and 
                sounds of all kinds; and
                    (B) any antenna or apparatus that--
                            (i) is designed for the purpose of emitting 
                        or receiving radio frequency;
                            (ii)(I) is designed to be operated, or is 
                        operating, from a fixed location pursuant to 
                        authorization by the Commission; or
                            (II) is using duly authorized devices that 
                        do not require individual licenses; and
                            (iii) is added to a tower, building, 
                        support pole, or other structure;
            (5) the term ``covered easement'' means an easement, right-
        of-way, or lease to, in, over, or on a building or other 
        property owned by the Federal Government, excluding tribal land 
        held in trust by the Federal Government (unless the tribal 
        government of such land requests that the Commission not 
        exclude the land for purposes of this definition), for the 
        right to install, construct, modify, or maintain a 
        communications facility installation;
            (6) the term ``public right-of-way''--
                    (A) means--
                            (i) the area on, below, or above a public 
                        roadway, highway, street, sidewalk, alley, or 
                        similar property; and
                            (ii) any land immediately adjacent to and 
                        contiguous with property described in clause 
                        (i) that is within the right-of-way grant; and
                    (B) does not include a Federal interstate highway;
            (7) the term ``small wireless facility'' means a wireless 
        service facility that meets the size limitation, and any other 
        applicable requirement, established by the Commission;
            (8) the term ``Streamlining Federal Siting Working Group'' 
        or ``Working Group'' means the Streamlining Federal Siting 
        Working Group of the Broadband Deployment Advisory Committee;
            (9) the term ``support pole'' means an upright pole or 
        structure used or capable of being used to support a wireless 
        service facility;
            (10) the term ``utility facility'' means any privately, 
        publicly, or cooperatively owned line, facility, or system for 
        producing, transmitting, or distributing power, electricity, 
        light, heat, gas, oil, crude products, water, steam, waste, 
        storm water not connected with highway drainage, or any other 
        similar commodity, including any fire or police signal system 
        or street lighting system, that directly or indirectly serves 
        the public;
            (11) the term ``wireless service'' means the transmission 
        by radio communication of voice, video, or data communications 
        services, including Internet Protocol or any successor 
        protocol-enabled services, or any combination of those 
        services, whether provided on a licensed or permitted 
        unlicensed basis; and
            (12) the term ``wireless service facility'' means a 
        facility for the provision of wireless service.

SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITY 
              INSTALLATIONS.

    No review shall be required under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of 
title 54, United States Code, as a condition of granting a covered 
easement for a communications facility installation if a covered 
easement has been granted for another communications facility 
installation or a utility facility with respect to the same building or 
other property owned by the Federal Government.

SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS FACILITIES.

    (a) Exclusion of Small Cells From Review.--Notwithstanding any 
provision of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) or division A of subtitle III of title 54, United States 
Code, the Commission shall not be required to perform, and may not 
require any entity regulated by the Commission to perform, any review 
under that Act or division as a condition of permitting the placement 
and installation of a small wireless facility if the new small wireless 
facility--
            (1)(A) will be located within a public right-of-way; and
            (B) is not higher than, or not substantially higher than 
        (as that term is defined by the Commission), any existing 
        structure in the public right of way; or
            (2) is--
                    (A) a replacement for an existing small wireless 
                facility; and
                    (B) the same as, or substantially similar to (as 
                that term is defined by the Commission), the small 
                wireless facility that the new small wireless facility 
                is replacing.
    (b) Exclusion of Wireless Service Facilities in Public Rights-of-
Way From Review.--Notwithstanding any provision of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A 
of subtitle III of title 54, United States Code, the Commission shall 
not be required to perform, no Federal, State, or local authority shall 
be required to perform, and no Federal, State, or local authority may 
require any entity to perform, any review under that Act or division as 
a condition of permitting the placement and installation of a wireless 
service facility if--
            (1)(A) the wireless service facility will be located in an 
        existing public right-of-way; and
            (B) any new ground disturbance from the installation of the 
        wireless service facility is limited to the existing public 
        right-of-way; and
            (2) the antenna tower or support pole--
                    (A) is not more than 50 feet tall or 10 feet higher 
                than any existing structure in the public right-of-way, 
                whichever is higher; and
                    (B) does not have guy wires.
    (c) Savings Clause.--Nothing in this section shall be construed to 
affect--
            (1) the obligation of the Commission to evaluate 
        radiofrequency exposure under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.);
            (2) except as explicitly provided in this section, the 
        obligation of any provider of wireless service to comply with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) or division A of subtitle III of title 54, United 
        States Code; or
            (3) the authority of a State or local government to apply 
        and enforce the zoning and other land use regulations of the 
        State or local government to the extent consistent with this 
        section and sections 253, 332(c)(7), and 621 of the 
        Communications Act of 1934 (47 U.S.C. 253, 332(c)(7), and 541).

SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELECOMMUNICATIONS 
              EQUIPMENT ON FEDERAL LAND.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study, and 
submit a report to the appropriate committees of Congress, that 
includes--
            (1) an analysis of the challenges to and administrative 
        delays in efficiently siting communications facility 
        installations on Federal land, including whether, in order to 
        increase the efficiency of such siting, it is necessary to 
        develop--
                    (A) standard procedures for communications facility 
                installation siting, including a standard duration of 
                leases and easements;
                    (B) methods that Federal agencies may use to 
                identify and report on coverage gaps and deficiencies 
                in communications facility installation siting; and
                    (C) procedures for creating and maintaining a 
                publicly accessible inventory of space that can be used 
                to attach or install communications facility 
                installations; and
            (2) recommendations, if any, for how Congress and the 
        Commission can address the challenges and reduce the 
        administrative delays identified under paragraph (1).

SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP REPORT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Streamlining Federal Siting Working Group shall submit 
a report to the appropriate committees of Congress that contains an 
analysis of the challenges to and administrative delays in efficiently 
siting communications facility installations on Federal land, including 
whether, in order to increase the efficiency of such siting, it is 
necessary to develop--
            (1) standard procedures for communications facility 
        installation siting, including a standard duration of leases 
        and easements;
            (2) methods that Federal agencies may use to identify and 
        report on coverage gaps and deficiencies in communications 
        facility installation siting; and
            (3) procedures for creating and maintaining a publicly 
        accessible inventory of space that can be used to attach or 
        install communications facility installations.
    (b) Final Report.--Not later than 120 days after the date of 
enactment of this Act, the Working Group shall submit a report to the 
appropriate committees of Congress on the final findings and 
recommendations of the Working Group described in subsection (a).
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