[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3295
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to streamline siting processes
for telecommunications service facilities, 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 ``Barriers and Regulatory Obstacles
Avoids Deployment of Broadband Access and Needs Deregulatory Leadership
Act'' or the ``BROADBAND Leadership Act''.
SEC. 2. REMOVAL OF BARRIERS TO ENTRY.
Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is
amended to read as follows:
``SEC. 253. REMOVAL OF BARRIERS TO ENTRY.
``(a) In General.--No State or local statute or regulation, or
other State or local legal requirement, may prohibit or have the effect
of prohibiting the ability of any entity to provide or enhance the
provision of any interstate or intrastate telecommunications service.
``(b) Placement, Construction, or Modification of
Telecommunications Service Facilities.--
``(1) Prohibition on discrimination.--The regulation of the
placement, construction, or modification of a
telecommunications service facility by a State or local
government or instrumentality thereof may not discriminate--
``(A) among telecommunications service facilities--
``(i) based on the technology used to
provide services; or
``(ii) based on the services provided; or
``(B) against telecommunications service
facilities, as compared to the regulation of the
placement, construction, or modification of other
facilities.
``(2) Timeframe to grant or deny requests.--
``(A) In general.--A State or local government or
instrumentality thereof shall grant or deny a complete
request for authorization to place, construct, or
modify a telecommunications service facility not later
than--
``(i) if the request is for authorization
to place, construct, or modify such facility in
or on eligible support infrastructure, 90 days
after the date on which the complete request is
received by the government or instrumentality;
or
``(ii) for any other action relating to
such facility, 150 days after the date on which
the complete request is received by the
government or instrumentality.
``(B) Applicability.--The applicable timeframe
under subparagraph (A) shall apply collectively to all
proceedings, including permits and authorizations,
required by a State or local government or
instrumentality thereof for the approval of the
request.
``(C) No tolling.--A timeframe under subparagraph
(A) may not be tolled by any moratorium, whether
express or de facto, imposed by a State or local
government or instrumentality thereof on the
submission, acceptance, or consideration of requests
for authorization to place, construct, or modify a
telecommunications service facility.
``(3) Deemed granted.--
``(A) In general.--If a State or local government
or instrumentality thereof has neither granted nor
denied a complete request within the applicable
timeframe under paragraph (2), the request shall be
deemed granted on the date on which the government or
instrumentality receives a written notice of the
failure to grant or deny from the requesting party.
``(B) Rule of construction.--In the case of a
request that is deemed granted under subparagraph (A),
the placement, construction, or modification requested
in such request shall be considered to be authorized,
without any further action by the government or
instrumentality, beginning on the date on which such
request is deemed granted under such subparagraph.
``(4) Written decision and record.--A decision by a State
or local government or instrumentality thereof to deny a
request to place, construct, or modify a telecommunications
service facility shall be--
``(A) in writing;
``(B) supported by substantial evidence contained
in a written record; and
``(C) publicly released, and provided to the
requesting party, on the same day such decision is
made.
``(5) Fees.--
``(A) In general.--To the extent permitted by law,
a State or local government or instrumentality thereof
may charge a fee that meets the requirements under
subparagraph (B)--
``(i) to consider a request for
authorization to place, construct, or modify a
telecommunications service facility; or
``(ii) for use of a right-of-way or a
facility in a right-of-way owned or managed by
the government or instrumentality for the
placement, construction, or modification of a
telecommunications service facility.
``(B) Requirements.--A fee charged under
subparagraph (A) shall be--
``(i) competitively neutral, technology
neutral, and nondiscriminatory;
``(ii) established in advance and publicly
disclosed;
``(iii) calculated--
``(I) based on actual and direct
costs for--
``(aa) review and
processing of requests; and
``(bb) repairs and
replacement of--
``(AA) components
and materials resulting
from and affected by
the placement,
construction, or
modification (including
the installation or
improvement) of
telecommunications
service facilities; or
``(BB) equipment
that facilitates the
placement,
construction, or
modification (including
the installation or
improvement) of such
facilities; and
``(II) using, for purposes of
subclause (I), only costs that are
objectively reasonable; and
``(iv) described to a requesting party in a
manner that distinguishes between--
``(I) nonrecurring fees and
recurring fees; and
``(II) the use of facilities on
which telecommunications service
facilities or infrastructure for
compatible uses are already located and
facilities on which there are no
telecommunications service facilities
or infrastructure for compatible uses
as of the date on which the complete
request is received by the government
or instrumentality.
``(c) Judicial Review.--
``(1) In general.--A person adversely affected by a State
or local statute, regulation, or other legal requirement, or by
a final action or failure to act by a State or local government
or instrumentality thereof, that is inconsistent with this
section may commence an action in any court of competent
jurisdiction.
``(2) Timing.--
``(A) Expedited basis.--A court shall hear and
decide an action commenced under paragraph (1) on an
expedited basis.
``(B) Final action or failure to act.--An action
may only be commenced under paragraph (1) on the basis
of a final action or failure to act by a State or local
government or instrumentality thereof, if commenced not
later than 30 days after such action or failure to act.
``(d) Preservation of State Regulatory Authority.--Nothing in this
section shall affect the ability of a State to impose, on a
competitively neutral and nondiscriminatory basis and consistent with
section 254, requirements necessary to preserve and advance universal
service, protect the public safety and welfare, ensure the continued
quality of telecommunications services, and safeguard the rights of
consumers.
``(e) Preservation of State and Local Government Authority.--
Nothing in this section affects the authority of a State or local
government or instrumentality thereof to manage, on a competitively
neutral and nondiscriminatory basis, the public rights-of-way or to
require, on a competitively neutral and nondiscriminatory basis, fair
and reasonable compensation from telecommunications providers for use
of public rights-of-way, if the compensation required meets the
requirements of subsection (b)(5).
``(f) Preemption.--
``(1) In general.--If, after notice and an opportunity for
public comment, the Commission determines that a State or local
government or instrumentality thereof has permitted or imposed
a statute, regulation, or legal requirement that violates or is
inconsistent with this section, the Commission shall preempt
the enforcement of such statute, regulation, or legal
requirement to the extent necessary to correct such violation
or inconsistency.
``(2) Timing.--Not later than 120 days after receiving a
petition for preemption of the enforcement of a statute,
regulation, or legal requirement as described in paragraph (1),
the Commission shall grant or deny the petition.
``(g) Commercial Mobile Service Providers.--Nothing in this section
shall affect the application of section 332(c)(3) to commercial mobile
service providers.
``(h) Rural Markets.--It shall not be a violation of this section
for a State to require a telecommunications carrier that seeks to
provide telephone exchange service or exchange access in a service area
served by a rural telephone company to meet the requirements in section
214(e)(1) for designation as an eligible telecommunications carrier for
that area before being permitted to provide such service. This
subsection shall not apply--
``(1) to a service area served by a rural telephone company
that has obtained an exemption, suspension, or modification of
section 251(c)(4) that effectively prevents a competitor from
meeting the requirements of section 214(e)(1); and
``(2) to a provider of commercial mobile services.
``(i) When Request Considered Complete; Received.--
``(1) When request considered complete.--
``(A) In general.--For the purposes of this
section, a request to a State or local government or
instrumentality thereof shall be considered complete if
the requesting party--
``(i) has taken the first procedural step
within the control of the requesting party--
``(I) to submit such request in
accordance with the procedures
established by the government or
instrumentality for the review and
approval of such request; or
``(II) in the case of a government
or instrumentality that has not
established specific procedures for the
review and approval of such request, to
submit to the government or
instrumentality the type of filing that
is typically required to initiate a
standard review for a similar facility
or structure; and
``(ii) has not received a written notice
from the government or instrumentality within
30 days after the date on which the request is
received by the government or instrumentality--
``(I) stating that all the
information (including any form or
other document) required by the
government or instrumentality to be
submitted for the request to be
considered complete has not been
submitted;
``(II) identifying the information
required to be submitted that was not
submitted; and
``(III) citing a specific provision
of a publicly available rule,
regulation, or standard of the
government or instrumentality that
requires the information identified
under subclause (II) to be submitted.
``(B) Definition.--In this paragraph, the term `the
date on which the request is received by the government
or instrumentality' means--
``(i) in the case of a request submitted
electronically, the date on which the request
is transmitted;
``(ii) in the case of a request submitted
in person, the date on which the request is
delivered to the individual or at the location
specified by the government or instrumentality
for in-person submission; and
``(iii) in the case of a request submitted
in any other manner, the date determined under
regulations promulgated by the Commission for
the manner in which the request is submitted.
``(2) When complete request considered received.--For the
purposes of this section, a complete request shall be
considered received--
``(A) except as provided in subparagraph (B), on
the date on which the requesting party submits to the
government or instrumentality all information
(including any form or other document) required by the
government or instrumentality to be submitted for the
request to be considered complete; or
``(B) in the case of a request with respect to
which all such information is not submitted and that is
considered complete under paragraph (1)(A) because the
requesting party has not received a written notice from
the government or instrumentality within the period
described in such paragraph, on the day after the last
day of such period.
``(j) Definitions.--In this section:
``(1) Eligible support infrastructure.--The term `eligible
support infrastructure' means infrastructure that supports or
houses a telecommunications service facility (or that is
designed for 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 for authorization
to place, construct, or modify a telecommunications service
facility in or on the infrastructure is received by the
government or instrumentality.
``(2) 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.''.
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