Request regarding placement, construction, or modification of cable equipment

Section 624 of the Communications Act of 1934 (47 U.S.C. 544) is amended by adding at the end the following:

(j)

Request regarding placement, construction, or modification of facilities

(1)

No effect on authority of certain entities

Except as provided in this subsection, nothing in this title shall limit or affect the authority of a covered entity over—(A)decisions regarding the placement, construction, or modification of a covered equipment within the jurisdiction of such covered entity; or(B)safety standards for the placement, construction, or modification of such a covered equipment. (2)

Limitations

(A)

Ability to provide or enhance cable service

With respect to the regulation by a covered entity of the placement, construction, or modification of a covered equipment, the covered entity shall not prohibit or have the effect of prohibiting the ability of a cable operator to provide, improve, or enhance the provision of service using a covered equipment under a franchise granted by such covered entity, or within the jurisdiction of such covered entity, as so may be the case.(B)

Timing of decisions on requests for authorizations to place, construct, or modify facility

(i)

Timeframe

A covered entity shall approve or deny a complete request for authorization to place, construct, or modify a covered equipment not later than—(I)if the request is for authorization to place, construct, or modify a covered equipment in or on eligible support infrastructure, 90 days after the date on which the covered entity receives the request; and (II)if the request is not for authorization to place, construct, or modify a covered equipment in or on eligible support infrastructure, 150 days after the date on which the covered entity receives the request.(ii)

Applicability

Notwithstanding any provision of this title, the applicable timeframe under clause (i) shall apply collectively to all proceedings required by a covered entity for the approval of the request.(iii)

No tolling

A timeframe under clause (i) may not be tolled by any moratorium, whether express or de facto, imposed by the covered entity on the consideration of any request for authorization to place, construct, or modify a covered equipment.(iv)

Written decision and record

Any decision by a covered entity to deny a complete request for authorization to place, construct, or modify covered equipment shall be—(I)in writing;(II)supported by substantial evidence contained in a written record; and(III)publicly released, and provided to the requesting party, on the same day such decision is made.(v)

Deemed granted

If a covered entity fails to grant or deny a complete request by the applicable deadline under subparagraph (A)(i), the request shall be deemed granted and authorized on the date on which the covered entity receives written notice of the failure from the requesting party.(3)

When request considered complete; received

(A)

When request considered complete

(i)

In general

For the purposes of this subsection, a request to a covered entity shall be considered complete if the requesting party—(I)has taken the first procedural step within the control of the requesting party—(aa)that the covered entity requires as part of the process for reviewing such requests; or(bb)to submit the type of filing that is typically required to initiate a standard review for a similar request in a jurisdiction that has not established specific procedures for the relevant review and approval of such a request; and (II)has not received a written notice from the covered entity within 30 days after the date on which the request is received by the covered entity—(aa)stating that all the information (including any form or other document) required by the covered entity to be submitted for the request to be considered complete has not been submitted;(bb)identifying information required to be submitted that was not submitted; and(cc)that includes a citation to a specific provision of a publicly available rule, regulation, or standard issued by the government requiring that the information be submitted with such a request.(ii)

Definition

In this subparagraph, the term the date on which the request is received by the covered entity 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 covered entity or 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.(B)

When complete request considered received

For the purposes of this subsection, a complete request shall be considered received—(i)except as provided in clause (ii), on the date on which the requesting party submits to the covered entity all information (including any form or other document) required by the covered entity to be submitted for the request to be considered complete; or(ii)in the case of a request with respect to which all such information is not submitted and that is considered complete under subparagraph (A)(i) because the requesting party has not received a written notice from the covered entity within the period described in such subparagraph, on the day after the last day of such period.(4)

Fees

(A)

In general

A covered entity may charge a fee that meets the requirements under subparagraph (B) to consider a request for authorization to place, construct, or modify covered equipment. (B)

Requirements

A fee charged under subparagraph (A) shall be—(i)competitively neutral, technology neutral, and nondiscriminatory;(ii)publicly disclosed in advance;(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 covered equipment; or(BB)the modification (including the improvement) of eligible support infrastructure, or repairs and replacement of equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities or the modification (including the improvement) of such structures; and(II)using, for purposes of subclause (I), only costs that are objectively reasonable; and(III)described to a requesting party in a manner that distinguishes between nonrecurring fees and recurring fees.(C)

No relation to franchise fees

A fee charged under this paragraph to consider a request for authorization to place, construct, or modify covered equipment may not be considered a franchise fee under section 622. (5)

Definitions

In this subsection:(A)

Covered equipment

The term covered equipment means equipment used in or attached to a cable system.(B)

Covered entity

The term covered entity means:(i)A State.(ii)A local government.(iii)An instrumentality of a State or a local government.(iv)A franchising authority. (C)

Eligible support infrastructure

The term eligible support infrastructure means infrastructure that supports or houses a facility for communication by wire (or is designed to and capable of supporting or housing such facility) at the time when a complete request to a covered entity for authorization to place, construct, or modify covered equipment in or on the infrastructure is received by the covered entity.