118 HR 3288 IH: Broadband Competition and Efficient Deployment Act U.S. House of Representatives 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 3288IN THE HOUSE OF REPRESENTATIVESMay 15, 2023Mr. Joyce of Pennsylvania 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 concernedA BILLTo provide that a project for the collocation of a telecommunications service facility is not subject to requirements to prepare certain environmental or historical preservation reviews.

1.

Short title

This Act may be cited as the Broadband Competition and Efficient Deployment Act.

2.

Application of NEPA and NHPA to collocation of telecommunications service facilities

(a)

NEPA exemption

A Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).(b)

National Historic Preservation Act exemption

A covered project may not be considered an undertaking under section 300320 of title 54, United States Code.(c)

Definitions

In this section: (1)

Commission

The term Commission means the Federal Communications Commission. (2)

Covered project

The term covered project means a project—(A)for the placement, construction, or modification of a telecommunications service facility in or on eligible support infrastructure; and(B)for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.(3)

Eligible support infrastructure

The term eligible support infrastructure means infrastructure that supports or houses a facility for communication by wire (or is designed to or capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof, or to an Indian Tribe, for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government, instrumentality, or Indian Tribe.(4)

Federal authorization

The term Federal authorization—(A)means any authorization required under Federal law with respect to a covered project; and(B)includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a covered project.(5)

Indian Tribe

The term Indian Tribe has the meaning given the term Indian tribe under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).(6)

State

The term State means each State of the United States, the District of Columbia, and each territory or possession of the United States.(7)

Telecommunications service

The term telecommunications service has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).(8)

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.