[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3804 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3804

   To clarify that the ``one-touch make-ready'' rules of the Federal 
Communication Commission for utility pole attachments do not supersede 
 the National Labor Relations Act or collective bargaining agreements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2020

  Mr. Cardin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To clarify that the ``one-touch make-ready'' rules of the Federal 
Communication Commission for utility pole attachments do not supersede 
 the National Labor Relations Act or collective bargaining agreements.

    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 ``Protecting Collective Bargaining 
Agreements Under One-Touch Make-Ready Act''.

SEC. 2. APPLICATION OF LABOR LAWS AND COLLECTIVE BARGAINING AGREEMENTS 
              TO ``ONE-TOUCH MAKE-READY'' RULES.

    (a) Definitions.--In this section--
            (1) the term ``existing attacher'' has the meaning given 
        the term in section 1.1411 of title 47, Code of Federal 
        Regulations; and
            (2) the term ``one-touch make-ready rules'' means--
                    (A) the final rule promulgated by the Federal 
                Communications Commission entitled ``Accelerating 
                Wireline and Wireless Broadband Deployment by Removing 
                Barriers to Infrastructure Investment'' (83 Fed. Reg. 
                46812 (September 14, 2018)); and
                    (B) the Third Report and Order and Declaratory 
                Ruling in the matter of Accelerating Wireline Broadband 
                Deployment by Removing Barriers to Infrastructure 
                Investment and Accelerating Wireless Broadband 
                Deployment by Removing Barriers to Infrastructure 
                Investment, adopted by the Federal Communications 
                Commission on August 2, 2018 (FCC 18-111).
    (b) Relation to Other Laws and Agreements.--
            (1) National labor relations act.--To the extent that any 
        provision of the one-touch make-ready rules conflicts with the 
        National Labor Relations Act (29 U.S.C. 151 et seq.), or 
        substantially impairs the purposes and policies of that Act, 
        the provision shall not apply.
            (2) Collective bargaining agreements.--To the extent that 
        any provision of the one-touch make-ready rules conflicts with 
        a collective bargaining agreement between an existing attacher 
        and a labor organization that exclusively represents the 
        employees of the existing attacher, the provision shall not 
        apply.
            (3) Determination of conflict or substantial impairment.--
        If a dispute arises as to whether a conflict or substantial 
        impairment described in paragraph (1) or (2) exists, the 
        parties to the dispute shall submit the issue for non-binding 
        arbitration.
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