Removal of barriers to entry

Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is amended to read as follows:

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.