118 HR 3289 IH: Wireless 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. 3289IN THE HOUSE OF REPRESENTATIVESMay 15, 2023Mr. Johnson of Ohio 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 personal wireless 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 Wireless Broadband Competition and Efficient Deployment Act.

2.

Application of NEPA and NHPA to collocation of certain personal wireless 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—(i)the mounting or installation of an eligible personal wireless service facility with another eligible personal wireless service facility that exists at the time at which a complete request for authorization of such mounting or installation is filed with a State or local government or instrumentality thereof or with an Indian Tribe; or(ii)the modification of an eligible personal wireless service facility; 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 personal wireless service facility

The term eligible personal wireless service facility means any antenna, apparatus, or transmitting device, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, for the provision of a personal wireless service.(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)

Personal wireless services

The term personal wireless services—(A)has the meaning given such term in section 332(c)(7)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)); and(B)also includes commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)).(7)

State

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