[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1069 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1069

  To amend the Communications Act of 1934 to provide that the Federal 
 Communications Commission is not required to perform any review under 
the National Environmental Policy Act of 1969 or division A of subtitle 
 III of title 54, United States Code, as a condition of permitting the 
placement and installation of a communications facility, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2021

  Mr. Pence introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
 Natural Resources, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to provide that the Federal 
 Communications Commission is not required to perform any review under 
the National Environmental Policy Act of 1969 or division A of subtitle 
 III of title 54, United States Code, as a condition of permitting the 
placement and installation of a communications facility, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlining Permitting to Enable 
Efficient Deployment of Broadband Infrastructure Act of 2021''.

SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended by adding at the end the following:

``SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.

    ``(a) For Permitting by Commission.--
            ``(1) In general.--Notwithstanding any provision of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) or division A of subtitle III of title 54, United States 
        Code, the Commission shall not be required to perform, and may 
        not require any entity regulated by the Commission to perform, 
        any review under such Act or division as a condition of 
        permitting the placement and installation of a communications 
        facility if--
                    ``(A) the new facility--
                            ``(i) will be located within a public 
                        right-of-way; and
                            ``(ii) is not more than 50 feet tall or 10 
                        feet higher than any existing structure in the 
                        public right-of-way, whichever is higher;
                    ``(B) the new facility is--
                            ``(i) a replacement for an existing 
                        communications facility; and
                            ``(ii) the same as, or substantially 
                        similar to (as such term is defined by the 
                        Commission), the communications facility that 
                        the new communications facility is replacing;
                    ``(C) the new facility is a type of communications 
                facility that--
                            ``(i) is described in subsection (c)(2)(B); 
                        and
                            ``(ii) meets the size limitation of a small 
                        antenna established by the Commission; or
                    ``(D) the placement and installation involve the 
                expansion of the site of an existing facility not more 
                than 30 feet in any direction.
            ``(2) Savings clause.--Nothing in this subsection shall be 
        construed to affect--
                    ``(A) the obligation of the Commission to evaluate 
                radiofrequency exposure under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    ``(B) except as explicitly provided in this 
                subsection, the obligation of any provider of a 
                communications service to comply with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) or division A of subtitle III of title 54, United 
                States Code;
                    ``(C) the authority of a State or local government 
                to apply and enforce the zoning and other land use 
                regulations of the State or local government to the 
                extent consistent with this subsection and sections 
                253, 332(c)(7), and 621; or
                    ``(D) the authority or obligations established 
                under section 20156(e) of title 49, United States Code.
    ``(b) For Grant of Easement on Federal Property.--No review shall 
be required under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United 
States Code, as a condition of granting a covered easement for a 
communications facility if a covered easement has been granted for 
another communications facility or a utility facility with respect to 
the same building or other property owned by the Federal Government.
    ``(c) Definitions.--In this section:
            ``(1) Antenna.--The term `antenna' means communications 
        equipment that transmits or receives electromagnetic radio 
        frequency signals used in the provision of wireless services.
            ``(2) Communications facility.--The term `communications 
        facility' includes--
                    ``(A) any infrastructure, including any 
                transmitting device, tower, or support structure, and 
                any equipment, switches, wiring, cabling, power 
                sources, shelters, or cabinets, associated with the 
                licensed or permitted unlicensed wireless or wireline 
                transmission of writings, signs, signals, data, images, 
                pictures, and sounds of all kinds; and
                    ``(B) any antenna or apparatus--
                            ``(i) that is designed for the purpose of 
                        emitting or receiving radio frequency;
                            ``(ii) that--
                                    ``(I) is designed to be operated, 
                                or is operating, from a fixed location 
                                pursuant to authorization by the 
                                Commission; or
                                    ``(II) is using duly authorized 
                                devices that do not require individual 
                                licenses; and
                            ``(iii) that is added to a tower, building, 
                        support pole, or other structure.
            ``(3) Covered easement.--The term `covered easement' means 
        an easement, right-of-way, or lease to, in, over, or on a 
        building or other property owned by the Federal Government, 
        excluding Tribal land held in trust by the Federal Government 
        (unless the Tribal Government of such land requests that the 
        Commission not exclude the land for purposes of this 
        definition), for the right to install, construct, modify, or 
        maintain a communications facility.
            ``(4) Public right-of-way.--The term `public right-of-
        way'--
                    ``(A) means--
                            ``(i) the area on, below, or above a public 
                        roadway, highway, street, sidewalk, alley, or 
                        similar property; and
                            ``(ii) any land immediately adjacent to and 
                        contiguous with property described in clause 
                        (i) that is within the right-of-way grant; and
                    ``(B) does not include a portion of the Interstate 
                System (as such term is defined in section 101(a) of 
                title 23, United States Code).
            ``(5) Support pole.--The term `support pole' means an 
        upright pole or structure used or capable of being used to 
        support a wireless service facility.
            ``(6) Utility facility.--The term `utility facility 'means 
        any privately, publicly, or cooperatively owned line, facility, 
        or system for producing, transmitting, or distributing power, 
        electricity, light, heat, gas, oil, crude products, water, 
        steam, waste, storm water not connected with highway drainage, 
        or any other similar commodity, including any fire or police 
        signal system or street lighting system, that directly or 
        indirectly serves the public.
            ``(7) Wireless service.--The term `wireless service' means 
        the transmission by radio communication of voice, video, or 
        data communications services, including Internet Protocol or 
        any successor protocol-enabled services, or any combination of 
        those services, whether provided on a licensed or permitted 
        unlicensed basis.
            ``(8) Wireless service facility.--The term `wireless 
        service facility' means a facility for the provision of 
        wireless service.''.
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