[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3557 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 192
118th CONGRESS
  1st Session
                                H. R. 3557

                      [Report No. 118-240, Part I]

   To streamline Federal, State, and local permitting and regulatory 
 reviews to expedite the deployment of communications facilities, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2023

Mr. Carter of Georgia (for himself, Mr. Moran, and Mr. Dunn of Florida) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committees on Natural 
 Resources, and Transportation and Infrastructure, 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 
                               concerned

                            October 2, 2023

 Additional sponsors: Mr. Walberg, Mr. Crenshaw, Mr. Johnson of Ohio, 
Mr. Bilirakis, Mrs. Cammack, Mrs. Lesko, Mr. Pence, Mr. Weber of Texas, 
                             and Ms. Tenney

                            October 2, 2023

  Reported from the Committee on Energy and Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


                            October 2, 2023

 Committees on Natural Resources and Transportation and Infrastructure 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 22, 
                                 2023]

_______________________________________________________________________

                                 A BILL


 
   To streamline Federal, State, and local permitting and regulatory 
 reviews to expedite the deployment of communications 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Broadband 
Deployment Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

               TITLE I--STATE AND LOCAL SITING PROCESSES

Sec. 101. Preservation of local zoning authority.
Sec. 102. Removal of barriers to entry.
Sec. 103. Requests for modification of certain existing wireless and 
                            telecommunications service facilities.

                            TITLE II--CABLE

Sec. 201. Request for new franchise.
Sec. 202. Request regarding placement, construction, or modification of 
                            cable equipment.
Sec. 203. Cable franchise term and termination.
Sec. 204. Sales of cable systems.

       TITLE III--ENVIRONMENTAL AND HISTORIC PRESERVATION REVIEWS

Sec. 301. Application of NEPA and NHPA to certain communications 
                            projects.
Sec. 302. Presumption with respect to certain complete FCC forms.
Sec. 303. Rule of construction.
Sec. 304. Definitions.

                        TITLE IV--OTHER MATTERS

Sec. 401. Timely consideration of applications for Federal easements, 
                            rights-of-way, and leases.
Sec. 402. Streamlining of certain fees relating to broadband 
                            infrastructure deployed using grant funds 
                            under BEAD Program.

               TITLE I--STATE AND LOCAL SITING PROCESSES

SEC. 101. PRESERVATION OF LOCAL ZONING AUTHORITY.

    Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) 
is amended by striking paragraph (7) and inserting the following:
            ``(7) Preservation of local zoning authority.--
                    ``(A) General authority.--Except as provided in 
                this paragraph, nothing in this Act shall limit or 
                affect the authority of a State or local government or 
                instrumentality thereof over decisions regarding the 
                placement, construction, or modification of personal 
                wireless service facilities.
                    ``(B) Limitations.--
                            ``(i) In general.--The regulation of the 
                        placement, construction, or modification of a 
                        personal wireless service facility by any State 
                        or local government or instrumentality 
                        thereof--
                                    ``(I) shall not discriminate among 
                                personal wireless service facilities or 
                                providers of communications service, 
                                including by providing exclusive or 
                                preferential use of facilities to a 
                                particular provider or class of 
                                providers of personal wireless service; 
                                and
                                    ``(II) shall not prohibit or have 
                                the effect of prohibiting the 
                                provision, improvement, or enhancement 
                                of personal wireless service.
                            ``(ii) Engineering standards; aesthetic 
                        requirements.--It is not a violation of clause 
                        (i) for a State or local government or 
                        instrumentality thereof to establish for 
                        personal wireless service facilities, or 
                        structures that support such facilities, 
                        objective, reasonable, and nondiscriminatory--
                                    ``(I) structural engineering 
                                standards based on generally applicable 
                                codes;
                                    ``(II) safety requirements (subject 
                                to clause (vi)); or
                                    ``(III) aesthetic or concealment 
                                requirements (unless such requirements 
                                prohibit or have the effect of 
                                prohibiting the installation or 
                                modification of such facilities or 
                                structures).
                            ``(iii) Timeframes.--
                                    ``(I) In general.--A State or local 
                                government or instrumentality thereof 
                                shall grant or deny a request for 
                                authorization to place, construct, or 
                                modify a personal wireless service 
                                facility not later than--
                                            ``(aa) in the case of a 
                                        request for authorization to 
                                        place, construct, or modify a 
                                        personal wireless service 
                                        facility that is not a small 
                                        personal wireless service 
                                        facility--

                                                    ``(AA) if the 
                                                request is for 
                                                authorization to place, 
                                                construct, or modify 
                                                such facility using an 
                                                existing structure, 
                                                including with respect 
                                                to an area that has not 
                                                previously been zoned 
                                                for personal wireless 
                                                service facilities 
                                                (other than small 
                                                personal wireless 
                                                service facilities), 90 
                                                days after the date on 
                                                which the request is 
                                                submitted by the 
                                                requesting party to the 
                                                government or 
                                                instrumentality; or

                                                    ``(BB) if the 
                                                request is for any 
                                                other action relating 
                                                to such facility, 150 
                                                days after the date on 
                                                which the request is 
                                                submitted by the 
                                                requesting party to the 
                                                government or 
                                                instrumentality; and

                                            ``(bb) in the case of a 
                                        request for authorization to 
                                        place, construct, or modify a 
                                        small personal wireless service 
                                        facility--

                                                    ``(AA) if the 
                                                request is for 
                                                authorization to place, 
                                                construct, or modify 
                                                such facility using an 
                                                existing structure, 
                                                including with respect 
                                                to an area that has not 
                                                previously been zoned 
                                                for personal wireless 
                                                service facilities, 60 
                                                days after the date on 
                                                which the request is 
                                                submitted by the 
                                                requesting party to the 
                                                government or 
                                                instrumentality; or

                                                    ``(BB) if the 
                                                request is for any 
                                                other action relating 
                                                to such facility, 90 
                                                days after the date on 
                                                which the request is 
                                                submitted by the 
                                                requesting party to the 
                                                government or 
                                                instrumentality.

                                    ``(II) Treatment of batched 
                                requests.--In the case of requests 
                                described in subclause (I) that are 
                                submitted as part of a single batch by 
                                the requesting party to the government 
                                or instrumentality on the same day, the 
                                applicable timeframe under such 
                                subclause for each request in the batch 
                                shall be the longest timeframe under 
                                such subclause that would be applicable 
                                to any request in the batch if such 
                                requests were submitted separately.
                                    ``(III) Applicability.--The 
                                applicable timeframe under subclause 
                                (I) shall apply collectively to all 
                                proceedings required by a State or 
                                local government or instrumentality 
                                thereof for the approval of the 
                                request.
                                    ``(IV) No moritoria.--A timeframe 
                                under subclause (I) 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 any request for 
                                authorization to place, construct, or 
                                modify a personal wireless service 
                                facility.
                                    ``(V) Tolling due to 
                                incompleteness.--
                                            ``(aa) Initial request 
                                        incomplete.--

                                                    ``(AA) Small 
                                                personal wireless 
                                                service facilities.--
                                                If, not later than 10 
                                                days after the date on 
                                                which a requesting 
                                                party submits to a 
                                                State or local 
                                                government or 
                                                instrumentality thereof 
                                                a request for 
                                                authorization to place, 
                                                construct, or modify a 
                                                small personal wireless 
                                                service facility, the 
                                                government or 
                                                instrumentality 
                                                provides to the 
                                                requesting party a 
                                                written notice 
                                                described in item (cc) 
                                                with respect to the 
                                                request, the timeframe 
                                                described in subclause 
                                                (I) is tolled with 
                                                respect to the request 
                                                and shall restart at 
                                                zero on the date on 
                                                which the requesting 
                                                party submits to the 
                                                government or 
                                                instrumentality a 
                                                supplemental submission 
                                                in response to the 
                                                notice.

                                                    ``(BB) Other 
                                                personal wireless 
                                                service facilities.--
                                                If, not later than 30 
                                                days after the date on 
                                                which a requesting 
                                                party submits to a 
                                                State or local 
                                                government or 
                                                instrumentality thereof 
                                                a request for 
                                                authorization to place, 
                                                construct, or modify a 
                                                personal wireless 
                                                service facility that 
                                                is not a small personal 
                                                wireless service 
                                                facility, the 
                                                government or 
                                                instrumentality 
                                                provides to the 
                                                requesting party a 
                                                written notice 
                                                described in item (cc) 
                                                with respect to the 
                                                request, the timeframe 
                                                described in subclause 
                                                (I) is tolled with 
                                                respect to the request 
                                                until the date on which 
                                                the requesting party 
                                                submits to the 
                                                government or 
                                                instrumentality a 
                                                supplemental submission 
                                                in response to the 
                                                notice.

                                            ``(bb) Supplemental 
                                        submission incomplete.--If, not 
                                        later than 10 days after the 
                                        date on which a requesting 
                                        party submits to a State or 
                                        local government or 
                                        instrumentality thereof a 
                                        supplemental submission in 
                                        response to a written notice 
                                        described in item (cc), the 
                                        government or instrumentality 
                                        provides to the requesting 
                                        party a written notice 
                                        described in item (cc) with 
                                        respect to the supplemental 
                                        submission, the timeframe under 
                                        subclause (I) is further tolled 
                                        until the date on which the 
                                        requesting party submits to the 
                                        government or instrumentality a 
                                        subsequent supplemental 
                                        submission in response to the 
                                        notice.
                                            ``(cc) Written notice 
                                        described.--The written notice 
                                        described in this item is, with 
                                        respect to a request described 
                                        in subclause (I) or a 
                                        supplemental submission 
                                        described in item (aa) or (bb) 
                                        submitted to a State or local 
                                        government or instrumentality 
                                        thereof by a requesting party, 
                                        a written notice from the 
                                        government or instrumentality 
                                        to the requesting party--

                                                    ``(AA) stating that 
                                                all of 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;

                                                    ``(BB) identifying 
                                                the information 
                                                described in subitem 
                                                (AA) that was not 
                                                submitted; and

                                                    ``(CC) including a 
                                                citation to a specific 
                                                provision of a publicly 
                                                available rule, 
                                                regulation, or standard 
                                                issued by the 
                                                government or 
                                                instrumentality 
                                                requiring that such 
                                                information be 
                                                submitted with such a 
                                                request.

                                            ``(dd) Limitation on 
                                        subsequent written notice.--If 
                                        a written notice provided by a 
                                        State or local government or 
                                        instrumentality thereof to a 
                                        requesting party under item 
                                        (bb) with respect to a 
                                        supplemental submission 
                                        identifies as not having been 
                                        submitted any information that 
                                        was not identified as not 
                                        having been submitted in the 
                                        prior written notice under this 
                                        subclause in response to which 
                                        the supplemental submission was 
                                        submitted, the subsequent 
                                        written notice shall be treated 
                                        as not having been provided to 
                                        the requesting party.
                                    ``(VI) Tolling by mutual 
                                agreement.--The timeframe under 
                                subclause (I) may be tolled by mutual 
                                agreement between the State or local 
                                government or instrumentality thereof 
                                and the requesting party.
                            ``(iv) Deemed granted.--
                                    ``(I) In general.--If a State or 
                                local government or instrumentality 
                                thereof fails to take final action to 
                                grant or deny a request within the 
                                applicable timeframe under subclause 
                                (I) of clause (iii), the request shall 
                                be deemed granted on the date on which 
                                the government or instrumentality 
                                receives a written notice of the 
                                failure from the requesting party.
                                    ``(II) Rule of construction.--In 
                                the case of a request that is deemed 
                                granted under subclause (I), the 
                                placement, construction, or 
                                modification requested in the request 
                                shall be considered to be authorized, 
                                without any further action by the 
                                government or instrumentality, 
                                beginning on the date on which the 
                                request is deemed granted under such 
                                subclause.
                            ``(v) Written decision and record.--Any 
                        decision by a State or local government or 
                        instrumentality thereof to deny a request for 
                        authorization to place, construct, or modify a 
                        personal wireless service facility 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.
                            ``(vi) Environmental effects of radio 
                        frequency emissions.--No State or local 
                        government or instrumentality thereof may 
                        regulate the operation, placement, 
                        construction, or modification of personal 
                        wireless service facilities on the basis of the 
                        environmental effects of radio frequency 
                        emissions to the extent that such facilities or 
                        structures comply with the Commission's 
                        regulations concerning such emissions.
                            ``(vii) Fees.--To the extent permitted by 
                        law, a State or local government or 
                        instrumentality thereof may charge a fee to 
                        consider a request for authorization to place, 
                        construct, or modify a personal wireless 
                        service facility or a fee 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 personal wireless service 
                        facility, if the fee is--
                                    ``(I) competitively neutral, 
                                technology neutral, and 
                                nondiscriminatory;
                                    ``(II) established in advance and 
                                publicly disclosed;
                                    ``(III) calculated--
                                            ``(aa) based on actual and 
                                        direct costs for--

                                                    ``(AA) review and 
                                                processing of requests; 
                                                and

                                                    ``(BB) repairs and 
                                                replacement of 
                                                components and 
                                                materials directly 
                                                resulting from and 
                                                affected by the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of 
                                                personal wireless 
                                                service facilities or 
                                                repairs and replacement 
                                                of equipment that 
                                                facilitates the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of such 
                                                facilities; and

                                            ``(bb) using, for purposes 
                                        of item (aa), only costs that 
                                        are objectively reasonable; and
                                    ``(IV) described to a requesting 
                                party in a manner that distinguishes 
                                between--
                                            ``(aa) nonrecurring fees 
                                        and recurring fees; and
                                            ``(bb) the use of 
                                        facilities on which personal 
                                        wireless service facilities are 
                                        already located and facilities 
                                        on which there are no personal 
                                        wireless service facilities as 
                                        of the date on which the 
                                        request is submitted by the 
                                        requesting party to the 
                                        government or instrumentality.
                    ``(C) Judicial or administrative review.--
                            ``(i) Judicial review.--Any person 
                        adversely affected by any final action or 
                        failure to act by a State or local government 
                        or any instrumentality thereof that is 
                        inconsistent with this paragraph may, within 30 
                        days after the action or failure to act, 
                        commence an action in any court of competent 
                        jurisdiction, which shall hear and decide the 
                        action on an expedited basis.
                            ``(ii) Administrative review.--
                                    ``(I) In general.--Any person 
                                adversely affected by any final action 
                                or failure to act by a State or local 
                                government or any instrumentality 
                                thereof that is inconsistent with this 
                                paragraph may petition the Commission 
                                to review such action or failure to 
                                act.
                                    ``(II) Timing.--Not later than 120 
                                days after receiving a petition under 
                                subclause (I), the Commission shall 
                                grant or deny such petition.
                    ``(D) When request considered submitted.--For the 
                purposes of this paragraph, a request to a State or 
                local government or instrumentality thereof shall be 
                considered submitted on the date on which the 
                requesting party takes 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 a request; or
                            ``(ii) in the case of a government or 
                        instrumentality that has not established 
                        specific procedures for the review and approval 
                        of such a 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.
                    ``(E) Rule of construction.--Nothing in this 
                paragraph may be construed to affect section 6409(a) of 
                the Middle Class Tax Relief and Job Creation Act of 
                2012 (47 U.S.C. 1455(a)).
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Antenna.--The term `antenna' means an 
                        apparatus designed for the purpose of emitting 
                        radiofrequency radiation, to be operated or 
                        operating from a fixed location for the 
                        transmission of writing, signs, signals, data, 
                        images, pictures, and sounds of all kinds.
                            ``(ii) Communications network.--The term 
                        `communications network' means a network used 
                        to provide a communications service.
                            ``(iii) Communications service.--The term 
                        `communications service' means each of--
                                    ``(I) cable service, as defined in 
                                section 602;
                                    ``(II) information service;
                                    ``(III) telecommunications service; 
                                and
                                    ``(IV) personal wireless service.
                            ``(iv) Generally applicable code.--The term 
                        `generally applicable code' means a uniform 
                        building, fire, electrical, plumbing, or 
                        mechanical code adopted by a national code 
                        organization, or a local amendment to such a 
                        code, to the extent not inconsistent with this 
                        Act.
                            ``(v) Network interface device.--The term 
                        `network interface device' means a 
                        telecommunications demarcation device and 
                        cross-connect point that--
                                    ``(I) is adjacent or proximate to--
                                            ``(aa) a small personal 
                                        wireless service facility; or
                                            ``(bb) a structure 
                                        supporting a small personal 
                                        wireless service facility; and
                                    ``(II) demarcates the boundary with 
                                any wireline backhaul facility.
                            ``(vi) Personal wireless service.--The term 
                        `personal wireless service' means any fixed or 
                        mobile service (other than a broadcasting 
                        service) provided via licensed or unlicensed 
                        frequencies, including--
                                    ``(I) commercial mobile service;
                                    ``(II) 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));
                                    ``(III) unlicensed wireless 
                                service; and
                                    ``(IV) common carrier wireless 
                                exchange access service.
                            ``(vii) Personal wireless service 
                        facility.--The term `personal wireless service 
                        facility' means a facility used to provide or 
                        support the provision of personal wireless 
                        service.
                            ``(viii) Small personal wireless service 
                        facility.--The term `small personal wireless 
                        service facility' means a personal wireless 
                        service facility in which each antenna is not 
                        more than 3 cubic feet in volume (excluding a 
                        wireline backhaul facility connected to such 
                        personal wireless service facility).
                            ``(ix) Unlicensed wireless service.--The 
                        term `unlicensed wireless service'--
                                    ``(I) means the offering of 
                                telecommunications service or 
                                information service using a duly 
                                authorized device that does not require 
                                an individual license; and
                                    ``(II) does not include the 
                                provision of direct-to-home satellite 
                                services, as defined in section 303(v).
                            ``(x) Wireline backhaul facility.--The term 
                        `wireline backhaul facility' means an above-
                        ground or underground wireline facility used to 
                        transport communications service or other 
                        electronic communications from a small personal 
                        wireless service facility or the adjacent 
                        network interface device of such facility to a 
                        communications network.''.

SEC. 102. 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, improve, 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 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 request is 
                        submitted by the requesting party to the 
                        government or instrumentality; or
                            ``(ii) for any other action relating to 
                        such facility, 150 days after the date on which 
                        the request is submitted by the requesting 
                        party to 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 moritoria.--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.
                    ``(D) Tolling due to incompleteness.--
                            ``(i) Initial request incomplete.--If, not 
                        later than 30 days after the date on which a 
                        requesting party submits to a State or local 
                        government or instrumentality thereof a request 
                        for authorization to place, construct, or 
                        modify a telecommunications service facility, 
                        the government or instrumentality provides to 
                        the requesting party a written notice described 
                        in clause (iii) with respect to the request, 
                        the timeframe described in subparagraph (A) is 
                        tolled with respect to the request until the 
                        date on which the requesting party submits to 
                        the government or instrumentality a 
                        supplemental submission in response to the 
                        notice.
                            ``(ii) Supplemental submission 
                        incomplete.--If, not later than 10 days after 
                        the date on which a requesting party submits to 
                        a State or local government or instrumentality 
                        thereof a supplemental submission in response 
                        to a written notice described in clause (iii), 
                        the government or instrumentality provides to 
                        the requesting party a written notice described 
                        in clause (iii) with respect to the 
                        supplemental submission, the timeframe under 
                        subparagraph (A) is further tolled until the 
                        date on which the requesting party submits to 
                        the government or instrumentality a subsequent 
                        supplemental submission in response to the 
                        notice.
                            ``(iii) Written notice described.--The 
                        written notice described in this clause is, 
                        with respect to a request described in 
                        subparagraph (A) or a supplemental submission 
                        described in clause (i) or (ii) submitted to a 
                        State or local government or instrumentality 
                        thereof by a requesting party, a written notice 
                        from the government or instrumentality to the 
                        requesting party--
                                    ``(I) stating that all of 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 
                                described in subclause (I) that was not 
                                submitted; and
                                    ``(III) including a citation to a 
                                specific provision of a publicly 
                                available rule, regulation, or standard 
                                issued by the government or 
                                instrumentality requiring that such 
                                information be submitted with such a 
                                request.
                            ``(iv) Limitation on subsequent written 
                        notice.--If a written notice provided by a 
                        State or local government or instrumentality 
                        thereof to a requesting party under clause (ii) 
                        with respect to a supplemental submission 
                        identifies as not having been submitted any 
                        information that was not identified as not 
                        having been submitted in the prior written 
                        notice under this subparagraph in response to 
                        which the supplemental submission was 
                        submitted, the subsequent written notice shall 
                        be treated as not having been provided to the 
                        requesting party.
                    ``(E) Tolling by mutual agreement.--The timeframe 
                under subparagraph (A) may be tolled by mutual 
                agreement between the State or local government or 
                instrumentality thereof and the requesting party.
            ``(3) Deemed granted.--
                    ``(A) In general.--If a State or local government 
                or instrumentality thereof has neither granted nor 
                denied a 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 directly 
                                                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 request is 
                                submitted by the requesting party to 
                                the government or instrumentality.
            ``(6) Transportation crossings.--
                    ``(A) In general.--An authorization by a State or 
                local government or instrumentality thereof to place, 
                construct, or modify a telecommunications service 
                facility in a right-of-way owned or managed by the 
                government or instrumentality shall be treated, without 
                further action, as sufficient authority to place, 
                construct, or modify such facility (as the case may be) 
                above or under a transportation crossing that 
                intersects such right-of-way.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of the enactment of this paragraph, the 
                Commission, in coordination with the Secretary of 
                Transportation, shall promulgate regulations to 
                implement subparagraph (A) in a manner that--
                            ``(i) ensures safety;
                            ``(ii) prevents interference with 
                        transportation crossings and related 
                        transportation operations;
                            ``(iii) allows for the timely and efficient 
                        placement, construction, and modification of 
                        telecommunications service facilities; and
                            ``(iv) establishes requirements and 
                        standards for just and reasonable compensation 
                        to private owners of transportation crossings 
                        affected by such subparagraph, including 
                        compensation for costs related to the 
                        deployment of such facilities.
                    ``(C) Applicability.--Subparagraph (A) shall apply 
                to authorizations granted on and after the date on 
                which regulations are promulgated under subparagraph 
                (B).
    ``(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.--Except 
as explicitly set forth in this section, 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; Cable Operators.--
Nothing in this section shall affect the application of section 
332(c)(3) to commercial mobile service providers or section 621 to 
cable operators.
    ``(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 Submitted.--For the purposes of this 
section, a request to a State or local government or instrumentality 
thereof shall be considered submitted on the date on which the 
requesting party takes the first procedural step within the control of 
the requesting party--
            ``(1) to submit such request in accordance with the 
        procedures established by the government or instrumentality for 
        the review and approval of such a request; or
            ``(2) in the case of a government or instrumentality that 
        has not established specific procedures for the review and 
        approval of such a 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.
    ``(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 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 submitted by the 
        requesting party to 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.''.

SEC. 103. REQUESTS FOR MODIFICATION OF CERTAIN EXISTING WIRELESS AND 
              TELECOMMUNICATIONS SERVICE FACILITIES.

    (a) In General.--Section 6409 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1455) is amended--
            (1) in the heading, by striking ``wireless'' and inserting 
        ``communications''; and
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``a State or 
                local government'' and all that follows and inserting 
                the following: ``a State or local government or 
                instrumentality thereof may not deny, and shall 
                approve--
                    ``(A) any eligible facilities request for a 
                modification of an existing wireless tower, base 
                station, or eligible support structure that does not 
                substantially change the physical dimensions of such 
                wireless tower, base station, or eligible support 
                structure; and
                    ``(B) any eligible telecommunications facilities 
                request for a modification of an existing 
                telecommunications service facility in or on eligible 
                support infrastructure that does not substantially 
                change the physical dimensions of such facility.'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Timeframe.--
                    ``(A) Deemed approval.--
                            ``(i) In general.--If a State or local 
                        government or instrumentality thereof does not, 
                        before or on the date that is 60 days after the 
                        date on which a requesting party submits to the 
                        government or instrumentality a request as an 
                        eligible facilities request or an eligible 
                        telecommunications facilities request (as the 
                        case may be), approve the request or make the 
                        determination and provide the written notice 
                        described in subparagraph (B) with respect to 
                        the request, the request is deemed approved on 
                        the day after the date that is 60 days after 
                        the date on which the requesting party submits 
                        the request.
                            ``(ii) Rule of construction.--In the case 
                        of a request that is deemed approved under 
                        clause (i), the modification requested in the 
                        request shall be authorized, without any 
                        further action by the government or 
                        instrumentality, beginning on the date on which 
                        the request is deemed approved under such 
                        clause.
                    ``(B) Determination request is not an eligible 
                request.--
                            ``(i) Determination described.--The 
                        determination described in this subparagraph is 
                        a determination by a State or local government 
                        or instrumentality thereof that a request 
                        described in subparagraph (A)(i) is not an 
                        eligible facilities request or an eligible 
                        telecommunications facilities request (as the 
                        case may be).
                            ``(ii) Written notice described.--The 
                        written notice described in this subparagraph 
                        is a written notice of the determination 
                        described in clause (i) provided by the 
                        government or instrumentality to the requesting 
                        party that clearly describes the reasons why 
                        the request is not an eligible facilities 
                        request or an eligible telecommunications 
                        facilities request (as the case may be) and 
                        includes a citation to a specific provision of 
                        this subsection or the regulations promulgated 
                        under this subsection relied upon for the 
                        determination.
                    ``(C) Tolling due to incompleteness.--
                            ``(i) Initial request incomplete.--If, not 
                        later than 30 days after the date on which a 
                        requesting party submits to a State or local 
                        government or instrumentality thereof a request 
                        described in subparagraph (A)(i), the 
                        government or instrumentality provides to the 
                        requesting party a written notice described in 
                        clause (iii) with respect to the request, the 
                        60-day timeframe under subparagraph (A)(i) is 
                        tolled until the date on which the requesting 
                        party submits to the government or 
                        instrumentality a supplemental submission in 
                        response to the notice.
                            ``(ii) Supplemental submission 
                        incomplete.--If, not later than 10 days after 
                        the date on which a requesting party submits to 
                        a State or local government or instrumentality 
                        thereof a supplemental submission in response 
                        to a written notice described in clause (iii), 
                        the government or instrumentality provides to 
                        the requesting party a written notice described 
                        in clause (iii) with respect to the 
                        supplemental submission, the 60-day timeframe 
                        under subparagraph (A)(i) is further tolled 
                        until the date on which the requesting party 
                        submits to the government or instrumentality a 
                        subsequent supplemental submission in response 
                        to the notice.
                            ``(iii) Written notice described.--The 
                        written notice described in this clause is, 
                        with respect to a request described in 
                        subparagraph (A)(i) or a supplemental 
                        submission described in clause (i) or (ii) 
                        submitted to a State or local government or 
                        instrumentality thereof by a requesting party, 
                        a written notice from the government or 
                        instrumentality to the requesting party--
                                    ``(I) stating that all of 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 
                                described in subclause (I) that was not 
                                submitted; and
                                    ``(III) including a citation to a 
                                specific provision of a publicly 
                                available rule, regulation, or standard 
                                issued by the government or 
                                instrumentality requiring that such 
                                information be submitted with such a 
                                request.
                            ``(iv) Limitation.--
                                    ``(I) Initial written notice.--If a 
                                written notice provided by a State or 
                                local government or instrumentality 
                                thereof to a requesting party under 
                                clause (i) with respect to a request 
                                described in subparagraph (A)(i) 
                                identifies as not having been submitted 
                                any information that the government or 
                                instrumentality is prohibited by 
                                paragraph (5) from requiring to be 
                                submitted, such notice shall be treated 
                                as not having been provided to the 
                                requesting party.
                                    ``(II) Subsequent written notice.--
                                If a written notice provided by a State 
                                or local government or instrumentality 
                                thereof to a requesting party under 
                                clause (ii) with respect to a 
                                supplemental submission identifies as 
                                not having been submitted any 
                                information that was not identified as 
                                not having been submitted in the prior 
                                written notice under this subparagraph 
                                in response to which the supplemental 
                                submission was submitted, the 
                                subsequent written notice shall be 
                                treated as not having been provided to 
                                the requesting party.
                    ``(D) Tolling by mutual agreement.--The 60-day 
                timeframe under subparagraph (A)(i) may be tolled by 
                mutual agreement between the State or local government 
                or instrumentality thereof and the requesting party.''; 
                and
                    (C) by adding at the end the following:
            ``(4) When request considered submitted.--
                    ``(A) In general.--For the purposes of this 
                subsection, a request described in paragraph (2)(A)(i) 
                shall be considered submitted on the date on which the 
                requesting party takes 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 a request; or
                            ``(ii) in the case of a government or 
                        instrumentality that has not established 
                        specific procedures for the review and approval 
                        of such a 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.
                    ``(B) No pre-application requirements.--A State or 
                local government or instrumentality thereof may not 
                require a requesting party to undertake any process, 
                meeting, or other step prior to or as a prerequisite to 
                a request being considered submitted.
            ``(5) Limitation on required documentation.--A State or 
        local government or instrumentality thereof may require a 
        requesting party submitting a request as an eligible facilities 
        request or an eligible telecommunications facilities request to 
        submit information (including a form or other document) with 
        such request only to the extent that such information is 
        reasonably related to determining whether such request is an 
        eligible facilities request or an eligible telecommunications 
        facilities request (as the case may be) and is identified in a 
        publicly available rule, regulation, or standard issued by the 
        government or instrumentality requiring that such information 
        be submitted with such a request. A State or local government 
        or instrumentality thereof may not require a requesting party 
        to submit any other documentation or information with such a 
        request.
            ``(6) Enforcement.--
                    ``(A) In general.--A requesting party may bring an 
                action in any district court of the United States to 
                enforce the provisions of this subsection.
                    ``(B) Expedited review.--A district court of the 
                United States shall consider an action under 
                subparagraph (A) on an expedited basis.
            ``(7) Definitions.--In this subsection:
                    ``(A) Eligible facilities request.--The term 
                `eligible facilities request' means any request for a 
                modification of an existing wireless tower, base 
                station, or eligible support structure that does not 
                substantially change the physical dimensions of such 
                wireless tower, base station, or eligible support 
                structure and that involves--
                            ``(i) collocation of new transmission 
                        equipment;
                            ``(ii) removal of transmission equipment;
                            ``(iii) replacement of transmission 
                        equipment; or
                            ``(iv) placement, construction, or 
                        modification of equipment that--
                                    ``(I) improves the resiliency of 
                                the wireless tower, base station, or 
                                eligible support structure; and
                                    ``(II) provides a direct benefit to 
                                public safety, such as--
                                            ``(aa) providing backup 
                                        power for the wireless tower, 
                                        base station, or eligible 
                                        support structure;
                                            ``(bb) hardening the 
                                        wireless tower, base station, 
                                        or eligible support structure; 
                                        or
                                            ``(cc) providing more 
                                        reliable connection capability 
                                        using the wireless tower, base 
                                        station, or eligible support 
                                        structure.
                    ``(B) Eligible support infrastructure.--The term 
                `eligible support infrastructure' means infrastructure 
                that supports or houses a telecommunications service 
                facility at the time when an eligible 
                telecommunications facilities request for a 
                modification of such facility is submitted to a State 
                or local government or instrumentality thereof.
                    ``(C) Eligible support structure.--The term 
                `eligible support structure' means a structure that, at 
                the time when an eligible facilities request for a 
                modification of such structure is submitted to a State 
                or local government or instrumentality thereof, 
                supports or could support transmission equipment.
                    ``(D) Eligible telecommunications facilities 
                request.--The term `eligible telecommunications 
                facilities request' means any request for a 
                modification of an existing telecommunications service 
                facility in or on eligible support infrastructure that 
                does not substantially change the physical dimensions 
                of such facility and that involves--
                            ``(i) collocation of new telecommunications 
                        service facility equipment;
                            ``(ii) removal of telecommunications 
                        service facility equipment; or
                            ``(iii) replacement of telecommunications 
                        service facility equipment.
                    ``(E) Telecommunications service facility.--The 
                term `telecommunications service facility'--
                            ``(i) means a facility that is designed or 
                        used to provide or facilitate the provision of 
                        any interstate or intrastate telecommunications 
                        service; and
                            ``(ii) includes a facility described in 
                        clause (i) that is used to provide other 
                        services.
                    ``(F) Transmission equipment.--The term 
                `transmission equipment' has the meaning given such 
                term in section 1.6100(b)(8) of title 47, Code of 
                Federal Regulations (as in effect on the date of the 
                enactment of this paragraph).''.
    (b) Implementation.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Communications Commission shall 
issue final rules to implement the amendments made by subsection (a).
    (c) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any eligible facilities request or eligible 
telecommunications facilities request described in paragraph (1) of 
section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1455(a)) that is submitted (as determined under 
paragraph (4) of such section, as added by subsection (a)) by a 
requesting party on or after the date of the enactment of this Act.

                            TITLE II--CABLE

SEC. 201. REQUEST FOR NEW FRANCHISE.

    Section 621 of the Communications Act of 1934 (47 U.S.C. 541) is 
amended by adding at the end the following:
    ``(g) Timing of Decision on Request for Franchise.--
            ``(1) In general.--Not later than 120 days after the date 
        on which a requesting party submits to a franchising authority 
        a request for the grant of a franchise (other than a renewal 
        thereof), the franchising authority shall approve or deny such 
        request.
            ``(2) Deemed grant of new franchise.--If the franchising 
        authority does not approve or deny a request under paragraph 
        (1) by the day after the date on which the time period ends 
        under such paragraph, such request shall be deemed granted on 
        such day.
            ``(3) Applicability.--Notwithstanding any provision of this 
        title, the timeframe under paragraph (1) shall apply 
        collectively to all proceedings required by a franchising 
        authority for the approval of the request.
            ``(4) No moritoria.--A timeframe under paragraph (1) may 
        not be tolled by any moratorium, whether express or de facto, 
        imposed by a franchising authority on the consideration of any 
        request for a franchise.
            ``(5) Tolling due to incompleteness.--
                    ``(A) Initial request incomplete.--If, not later 
                than 30 days after the date on which a requesting party 
                provides to a franchising authority a written notice 
                described in subparagraph (C) with respect to the 
                request, the timeframe described in paragraph (1) is 
                tolled with respect to the request until the date on 
                which the requesting party submits to the franchising 
                authority a supplemental submission in response to the 
                notice.
                    ``(B) Supplemental submission incomplete.--If, not 
                later than 10 days after the date on which a requesting 
                party submits to the franchising authority a 
                supplemental submission in response to a written notice 
                described in subparagraph (A), the franchising 
                authority provides to the requesting party a written 
                notice described in subparagraph (A) with respect to 
                the supplemental submission, the timeframe under 
                paragraph (1) is further tolled until the date on which 
                the requesting party submits to the franchising 
                authority a subsequent supplemental submission in 
                response to the notice.
                    ``(C) Written notice described.--The written notice 
                described in this paragraph is, with respect to a 
                request described in paragraph (1) or a supplemental 
                submission described in subparagraph (A) or (B) 
                submitted to a franchising authority by a requesting 
                party, a written notice from the franchising authority 
                to the requesting party--
                            ``(i) stating that all of the information 
                        (including any form or other document) required 
                        by the franchising authority to be submitted 
                        for the request to be considered complete has 
                        not been submitted;
                            ``(ii) identifying the information 
                        described in clause (i) that was not submitted; 
                        and
                            ``(iii) including a citation to a specific 
                        provision of a publicly available rule, 
                        regulation, or standard issued by the 
                        franchising authority requiring that such 
                        information be submitted with such a request.
                    ``(D) Limitation on subsequent written notice.--If 
                a written notice provided by a franchising authority to 
                a requesting party under subparagraph (A) with respect 
                to a supplemental submission identifies as not having 
                been submitted any information that was not identified 
                as not having been submitted in the prior written 
                notice under this subparagraph in response to which the 
                supplemental submission was submitted, the subsequent 
                written notice shall be treated as not having been 
                provided to the requesting party.
            ``(6) Tolling by mutual agreement.--The timeframe under 
        paragraph (1) may be tolled by mutual agreement between the 
        franchising authority and the requesting party.
            ``(7) Written decision and record.--Any decision by a 
        franchising authority to deny a request for a franchise 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.
            ``(8) When request considered submitted.--For the purposes 
        of this subsection, a request to a franchising authority shall 
        be considered submitted on the date on which the requesting 
        party takes the first procedural step within the control of the 
        requesting party--
                    ``(A) to submit such request in accordance with the 
                procedures established by the franchising authority for 
                the review and approval of such a request; or
                    ``(B) in the case of a franchising authority that 
                has not established specific procedures for the review 
                and approval of such a request, to submit to the 
                franchising authority the type of filing that is 
                typically required to initiate a standard review for a 
                request related to a franchise.''.

SEC. 202. REQUEST REGARDING PLACEMENT, CONSTRUCTION, OR MODIFICATION OF 
              CABLE EQUIPMENT.

    (a) In General.--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 covered equipment 
                within the jurisdiction of such covered entity; or
                    ``(B) safety standards for the placement, 
                construction, or modification of such covered 
                equipment.
            ``(2) Limitations.--
                    ``(A) Ability to provide or enhance service.--With 
                respect to the regulation by a covered entity of the 
                placement, construction, or modification of 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 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 request for authorization to 
                        place, construct, or modify covered equipment 
                        not later than--
                                    ``(I) if the request is for 
                                authorization to place, construct, or 
                                modify covered equipment in or on a 
                                covered easement or eligible support 
                                infrastructure, 90 days after the date 
                                on which requesting party submits the 
                                request to the covered entity; or
                                    ``(II) if the request is not for 
                                authorization to place, construct, or 
                                modify covered equipment in or on a 
                                covered easement or eligible support 
                                infrastructure, 150 days after the date 
                                on which the requesting party submits 
                                the request to the covered entity.
                            ``(ii) Deemed granted.--If a covered entity 
                        fails to grant or deny a request by the 
                        applicable timeframe under clause (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.
                            ``(iii) 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.
                            ``(iv) No moritoria.--A timeframe under 
                        clause (i) may not be tolled by any moratorium, 
                        whether express or de facto, imposed by a 
                        covered entity on the consideration of any 
                        request for authorization to place, construct, 
                        or modify covered equipment.
                            ``(v) Tolling due to incompleteness.--
                                    ``(I) Initial request incomplete.--
                                If, not later than 30 days after the 
                                date on which a requesting party 
                                submits to a covered entity a request 
                                for authorization to place, construct, 
                                or modify covered equipment, the 
                                covered entity provides to the 
                                requesting party a written notice 
                                described in subclause (III) with 
                                respect to the request, the timeframe 
                                described in clause (i) is tolled with 
                                respect to the request until the date 
                                on which the requesting party submits 
                                to the covered entity a supplemental 
                                submission in response to the notice.
                                    ``(II) Supplemental submission 
                                incomplete.--If, not later than 10 days 
                                after the date on which a requesting 
                                party submits to the covered entity a 
                                supplemental submission in response to 
                                a written notice described in subclause 
                                (III), the covered entity provides to 
                                the requesting party a written notice 
                                described in subclause (III) with 
                                respect to the supplemental submission, 
                                the timeframe under clause (i) is 
                                further tolled until the date on which 
                                the requesting party submits to the 
                                covered entity a subsequent 
                                supplemental submission in response to 
                                the notice.
                                    ``(III) Written notice described.--
                                The written notice described in this 
                                subclause is, with respect to a request 
                                described in clause (i) or a 
                                supplemental submission described in 
                                subclause (I) or (II) submitted to a 
                                covered entity by a requesting party, a 
                                written notice from the requesting 
                                party to the covered entity--
                                            ``(aa) stating that all of 
                                        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 the 
                                        information described in item 
                                        (aa) that was not submitted; 
                                        and
                                            ``(cc) including a citation 
                                        to a specific provision of a 
                                        publicly available rule, 
                                        regulation, or standard issued 
                                        by the covered entity requiring 
                                        that such information be 
                                        submitted with such a request.
                                    ``(IV) Limitation on subsequent 
                                written notice.--If a written notice 
                                provided by covered entity to a 
                                requesting party under subclause (I) 
                                with respect to a supplemental 
                                submission identifies as not having 
                                been submitted any information that was 
                                not identified as not having been 
                                submitted in the prior written notice 
                                under this subparagraph in response to 
                                which the supplemental submission was 
                                submitted, the subsequent written 
                                notice shall be treated as not having 
                                been provided to the requesting party.
                            ``(vi) Tolling by mutual agreement.--The 
                        timeframe under clause (i) may be tolled by 
                        mutual agreement between the covered entity and 
                        the requesting party.
                            ``(vii) Written decision and record.--Any 
                        decision by a covered entity to deny a 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.
                            ``(viii) When request considered 
                        submitted.--For the purposes of this 
                        subparagraph, a request to a covered entity 
                        shall be considered submitted on the date on 
                        which the requesting party takes the first 
                        procedural step within the control of the 
                        requesting party--
                                    ``(I) to submit such request in 
                                accordance with the procedures 
                                established by the covered entity for 
                                the review and approval of such a 
                                request; or
                                    ``(II) in the case of a covered 
                                entity that has not established 
                                specific procedures for the review and 
                                approval of such a request, to submit 
                                to the covered entity 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.
            ``(3) 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) established and 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 directly 
                                                resulting from and 
                                                affected by the 
                                                placement, 
                                                construction, or 
                                                modification of the 
                                                covered equipment 
                                                (including components 
                                                and materials directly 
                                                resulting from and 
                                                affected by the 
                                                installation of covered 
                                                equipment or, with 
                                                respect to the 
                                                placement, 
                                                construction, or 
                                                modification of the 
                                                covered equipment, the 
                                                improvement of an 
                                                eligible support 
                                                infrastructure); or

                                                    ``(BB) equipment 
                                                that facilitates the 
                                                repair and replacement 
                                                of such components and 
                                                materials;

                                    ``(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.
            ``(4) Definitions.--In this subsection:
                    ``(A) Covered easement.--The term `covered 
                easement' means an easement or public right-of-way that 
                exists at the time when a request to a covered entity 
                for authorization to place, construct, or modify the 
                covered equipment in or on the easement or public 
                right-of-way is submitted to the covered entity.
                    ``(B) Covered equipment.--The term `covered 
                equipment' means equipment used in or attached to a 
                cable system to provide service through such system.
                    ``(C) 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.
                    ``(D) Eligible support infrastructure.--The term 
                `eligible support infrastructure' means infrastructure 
                that supports or houses a facility for communication by 
                wire (or that is designed for or capable of supporting 
                or housing such a facility) at the time when a request 
                to a covered entity for authorization to place, 
                construct, or modify covered equipment in or on the 
                infrastructure is submitted to the covered entity.''.
    (b) Action on Pending Requests.--
            (1) Application.--Paragraphs (2)(B) and (4) of section 
        624(j) of the Communications Act of 1934 (47 U.S.C. 544(j)), as 
        added by subsection (a), shall apply to a--
                    (A) request submitted to a covered entity (as such 
                term is defined in section 624(j) of the Communications 
                Act of 1934)--
                            (i) before the date of the enactment of 
                        this Act; and
                            (ii) has not been approved or denied by the 
                        covered entity on or before such date; and
                    (B) a request submitted to a covered entity on or 
                after the date of the enactment of this Act.
            (2) Date of receipt.--The date of receipt by a covered 
        entity of a request described under subsection (a)(1) shall be 
        deemed to be the date of the enactment of this Act.

SEC. 203. CABLE FRANCHISE TERM AND TERMINATION.

    (a) Elimination or Modification of Requirement in Franchise.--
Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is 
amended to read as follows:

``SEC. 625. ELIMINATION OR MODIFICATION OF REQUIREMENT IN FRANCHISE.

    ``(a) In General.--During the period in which a franchise is in 
effect, the cable operator may obtain the elimination or modification 
of any requirement in the franchise by submitting to the franchising 
authority a request for the elimination or modification of such 
requirement.
    ``(b) Elimination or Modification of Requirement in Franchise.--
            ``(1) Requirement.--The franchising authority shall 
        eliminate or modify a requirement in accordance with a request 
        submitted under subsection (a) not later than 120 days after 
        the cable operator submits the request to the franchising 
        authority if the cable operator demonstrates in the request--
                    ``(A) good cause for the elimination or 
                modification of the requirement, including the need to 
                eliminate or modify the requirement--
                            ``(i) to conform to an applicable Federal 
                        or State law;
                            ``(ii) to address changes in technology; or
                            ``(iii) in the case of a requirement 
                        applicable to the cable operator, due to 
                        commercial impracticability; and
                    ``(B) that the mix, quality, and level of cable 
                services required by the franchise at the time the 
                franchise was granted will be maintained 
                notwithstanding the elimination or modification of the 
                requirement;
            ``(2) Definition.--In this subsection, the term `commercial 
        impracticability' means that it is commercially impracticable 
        for the operator to comply with the requirement as a result of 
        a change in conditions which is beyond the control of the 
        operator and the nonoccurrence of which was a basic assumption 
        on which the requirement was based.
    ``(c) Deemed Elimination or Modification.--Except in the case of a 
request for the elimination or modification of a requirement for 
services relating to public, educational, or governmental access, if 
the franchising authority fails to approve or deny the request 
submitted under subsection (a) by the date described under subsection 
(b), the requirement shall be deemed eliminated or modified in 
accordance with the request on the day after such date.
    ``(d) Appeal.--
            ``(1) In general.--Any cable operator whose request for 
        elimination or modification of a requirement in a franchise 
        under subsection (a) has been denied by a final decision of a 
        franchising authority may seek judicial review of the decision 
        pursuant to the provisions of section 635.
            ``(2) Grant of request.--In the case of any proposed 
        elimination or modification of a requirement in a franchise 
        under subsection (a), the court shall grant such elimination or 
        modification only if the cable operator demonstrates to the 
        court that the standards in subsection (b) have been met.
    ``(e) When Request Considered Submitted.--For the purposes of this 
section, a request to a franchising authority shall be considered 
submitted on the date on which the requesting party takes the first 
procedural step within the control of the requesting party--
            ``(1) to submit such request in accordance with the 
        procedures established by the franchising authority for the 
        review and approval of such a request; or
            ``(2) in the case of a franchising authority that has not 
        established specific procedures for the review and approval of 
        such a request, to submit to the franchising authority the type 
        of filing that is typically required to initiate a standard 
        review for a request related to a franchise.''.
    (b) In General.--Section 626 of the Communications Act of 1934 (47 
U.S.C. 546) is amended to read as follows:

``SEC. 626. FRANCHISE TERM AND TERMINATION.

    ``(a) Franchise Term.--A franchise shall continue in effect 
(without any requirement for renewal) until the date on which the 
franchise is revoked or terminated in accordance with subsection (b).
    ``(b) Limits.--
            ``(1) Prohibition against revocation; termination.--Except 
        as provided in paragraph (2), a franchise may not be--
                    ``(A) revoked by a franchising authority;
                    ``(B) terminated by a cable operator; or
                    ``(C) revoked or terminated by operation of law, 
                including by a term in a franchise that revokes or 
                terminates such franchise on a specific date, after a 
                period of time, or upon the occurrence of an event.
            ``(2) When termination or revocation of franchise 
        permitted.--
                    ``(A) Termination by cable operator.--
                            ``(i) In general.--A cable operator may 
                        terminate a franchise by submitting to the 
                        franchising authority a written request for the 
                        franchising authority to revoke such franchise.
                            ``(ii) Time of revocation.--If the cable 
                        operator submits a written request under clause 
                        (i), the franchising authority shall revoke the 
                        franchise on the date that is 90 days after the 
                        request is submitted to the franchising 
                        authority.
                            ``(iii) Deemed to be revoked.--If a 
                        franchising authority does not approve a 
                        request by the date required under clause (ii), 
                        the franchise is deemed revoked on the day 
                        after such date.
                    ``(B) Termination by franchising authority.--A 
                franchising authority may revoke a franchise if the 
                franchising authority--
                            ``(i) finds that the cable operator has 
                        knowingly and willfully failed to substantially 
                        meet a material requirement imposed by the 
                        franchise;
                            ``(ii) provides the cable operator a 
                        reasonable opportunity to cure such failure, 
                        after which the cable operator fails to cure 
                        such failure; and
                            ``(iii) does not waive the material 
                        requirement or acquiesce with the failure to 
                        substantially meet such requirement.
    ``(c) Review of Revocation of Franchise by Franchising Authority.--
            ``(1) Administrative or judicial review.--With respect to a 
        determination by a franchising authority to revoke a franchise 
        under subsection (b)(2)(B), a cable operator may--
                    ``(A) petition the Commission for review of such 
                determination; or
                    ``(B) seek judicial review of such determination 
                pursuant to the provisions of section 635.
            ``(2) Commission review.--With respect to a petition for 
        the review of a determination brought under paragraph (1)(A), 
        the Commission shall--
                    ``(A) review the determination de novo; and
                    ``(B) invalidate the determination if, based on the 
                evidence presented during the review, the Commission 
                determines that the franchising authority has not 
                demonstrated by a preponderance of the evidence that 
                the franchising authority revoked the franchise in 
                accordance with subsection (b)(2)(B).
            ``(3) Stay of determination to revoke franchise.--A 
        revocation of a franchise under subsection (b)(2)(B) may be 
        stayed--
                    ``(A) in the case the cable operator petitions the 
                Commission for review of the determination on which 
                such revocation is based, by the Commission; and
                    ``(B) in the case the cable operator seeks judicial 
                review of the determination on which such revocation is 
                based, by the court in which the cable operator seeks 
                judicial review of the determination.''.
    (c) Technical and Conforming Amendments.--The Communications Act of 
1934 (47 U.S.C. 151 et seq.) is amended--
            (1) in section 601--
                    (A) in paragraph (4), by striking the semicolon at 
                the end and inserting ``; and'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraph (6) as paragraph 
                (5);
            (2) in section 602(9)--
                    (A) by striking ``initial''; and
                    (B) by striking ``, or renewal thereof (including a 
                renewal of an authorization which has been granted 
                subject to section 626),'';
            (3) in section 611(b), by striking ``and may require as 
        part of a cable operator's proposal for a franchise renewal, 
        subject to section 626,'';
            (4) in section 612(b)(3)--
                    (A) by striking ``or as part of a proposal for 
                renewal, subject to section 626,''; and
                    (B) by striking ``, or proposal for renewal 
                thereof,'';
            (5) in section 621(b)(3)--
                    (A) in subparagraph (C)(ii), by striking ``or 
                franchise renewal''; and
                    (B) in subparagraph (D)--
                            (i) by striking ``initial''; and
                            (ii) by striking ``, a franchise 
                        renewal,'';
            (6) in section 624--
                    (A) in subsection (b)(1), by striking ``(including 
                requests for renewal proposals, subject to section 
                626)''; and
                    (B) in subsection (d)(1), by striking ``or renewal 
                thereof'';
            (7) in section 635A(a), by striking ``renewal,''.
    (d) Effective Date; Application.--
            (1) Effective date.--This section, and the amendments made 
        by this section, shall take effect 6 months after the date of 
        the enactment of this Act.
            (2) Application.--This section, and the amendments made by 
        this section, shall apply to a franchise granted--
                    (A) on or after the effective date established by 
                paragraph (1); or
                    (B) before such date, if--
                            (i) such franchise (including, any renewal 
                        thereof before the date of the enactment of 
                        this Act) is in effect on such date; or
                            (ii) such franchise is expired and the 
                        cable operator has continued to perform under 
                        the provisions of such franchise as if such 
                        franchise were not expired.

SEC. 204. SALES OF CABLE SYSTEMS.

    (a) In General.--Section 627 of the Communications Act of 1934 (47 
U.S.C. 547) is amended to read as follows:

``SEC. 627. CONDITIONS OF SALE OR TRANSFER.

    ``(a) Value of Cable System After Revocation of Franchise.--If a 
franchise held by a cable operator is revoked under section 
626(b)(2)(B) and the franchising authority acquires ownership of the 
cable system or effects a transfer of ownership of the system to 
another person, any such acquisition or transfer shall be at fair 
market value.
    ``(b) Limitations on Authority of Franchising Authority With 
Respect to Transfer of Franchise.--
            ``(1) In general.--A franchising authority may not preclude 
        a cable operator from transferring a franchise to any person--
                    ``(A) to which such franchise was not initially 
                granted; and
                    ``(B) with respect to the terms of the franchise 
                that apply to the cable operator, who agrees to accept 
                all such terms in effect at the time of the transfer.
            ``(2) Notification.--In the case of the transfer of a 
        franchise to a person to which such franchise was not 
        originally granted, a franchising authority may require a cable 
        operator to which a franchise was initially granted to, not 
        later than 15 days before the transfer of the franchise, notify 
        the franchising authority in writing of such transfer.
            ``(3) Transfer of a franchise defined.--In this subsection, 
        the term `transfer of a franchise' means the transfer or 
        assignment of any rights under a franchise through any 
        transaction, including through--
                    ``(A) a merger involving the cable operator or 
                cable system;
                    ``(B) a sale of the cable operator or cable system;
                    ``(C) an assignment of the cable operator or a 
                cable system;
                    ``(D) a restructuring of a cable operator or a 
                cable system; or
                    ``(E) the transfer of control of a cable operator 
                or a cable system.''.
    (b) Effective Date.--This section, and the amendment made by 
subsection (a), shall take effect 6 months after the date of the 
enactment of this Act.
    (c) Application.--This section, and the amendment made by 
subsection (a), shall apply to a franchise granted--
            (1) on or after the effective date established by 
        subsection (b); or
            (2) before such date, if--
                    (A) such franchise (including any renewal term 
                thereof) is in effect on such date; or
                    (B) such franchise is expired and cable operator 
                has continued to perform under the provisions of such 
                franchise as if such franchise were not expired.

       TITLE III--ENVIRONMENTAL AND HISTORIC PRESERVATION REVIEWS

SEC. 301. APPLICATION OF NEPA AND NHPA TO CERTAIN COMMUNICATIONS 
              PROJECTS.

    (a) In General.--
            (1) 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)).
            (2) National historic preservation act exemption.--A 
        covered project may not be considered an undertaking under 
        section 300320 of title 54, United States Code.
    (b) Grant of Easement on Federal Property.--
            (1) NEPA exemption.--A Federal authorization with respect 
        to a covered easement for a communications facility 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)), if--
                    (A) a covered easement has previously been granted 
                for another communications facility or a utility 
                facility with respect to the same building or other 
                property owned by the Federal Government; or
                    (B) the covered easement is for a communications 
                facility in a public right-of-way.
            (2) National historic preservation act exemption.--A 
        covered easement for a communications facility may not be 
        considered an undertaking under section 300320 of title 54, 
        United States Code, if--
                    (A) a covered easement has previously been granted 
                for another communications facility or a utility 
                facility with respect to the same building or other 
                property owned by the Federal Government; or
                    (B) the covered easement is for a communications 
                facility in a public right-of-way.
    (c) Requests for Modification of Certain Existing Wireless and 
Telecommunications Service Facilities.--Section 6409(a)(3) of the 
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(a)(3)) is amended to read as follows:
            ``(3) Application of nepa; nhpa.--
                    ``(A) NEPA exemption.--A Federal authorization with 
                respect to an eligible facilities request or an 
                eligible telecommunications facilities request 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.--An eligible facilities request or an 
                eligible telecommunications facilities request may not 
                be considered an undertaking under section 300320 of 
                title 54, United States Code.
                    ``(C) Federal authorization defined.--In this 
                paragraph, the term `Federal authorization'--
                            ``(i) means any authorization required 
                        under Federal law with respect to an eligible 
                        facilities request or an eligible 
                        telecommunications facilities request; and
                            ``(ii) includes any permits, special use 
                        authorizations, certifications, opinions, or 
                        other approvals as may be required under 
                        Federal law with respect to an eligible 
                        facilities request or an eligible 
                        telecommunications facilities request.''.

SEC. 302. PRESUMPTION WITH RESPECT TO CERTAIN COMPLETE FCC FORMS.

    (a) Presumption.--If an Indian Tribe is shown to have received a 
complete FCC Form 620 or FCC Form 621 (or any successor form), or can 
be reasonably expected to have received a complete FCC Form 620 or FCC 
Form 621 (or any successor form), and has not acted on a request 
contained in such complete form by the date that is 45 days after the 
date of such receipt or reasonably expected receipt--
            (1) the Commission and a court of competent jurisdiction 
        (as the case may be) shall presume the applicant with respect 
        to such complete form has made a good faith effort to provide 
        the information reasonably necessary for such Indian Tribe to 
        ascertain whether historic properties of religious or cultural 
        significance to such Indian Tribe may be affected by the 
        undertaking related to such complete form; and
            (2) such Indian Tribe shall be presumed to have disclaimed 
        interest in such undertaking.
    (b) Overcoming Presumption.--
            (1) In general.--An Indian Tribe may overcome a presumption 
        under subsection (a) upon making, to the Commission or a court 
        of competent jurisdiction, a favorable demonstration with 
        respect to 1 or more of the factors described in paragraph (2).
            (2) Factors considered.--In making a determination 
        regarding a presumption under subsection (a), the Commission or 
        court of competent jurisdiction shall give substantial weight 
        to--
                    (A) whether the applicant with respect to the 
                relevant complete form failed to make a reasonable 
                attempt to follow up with the applicable Indian Tribe 
                not earlier than 30 days, and not later than 50 days, 
                after the applicant submitted a complete FCC Form 620 
                or FCC Form 621 (as the case may be) to such Indian 
                Tribe; and
                    (B) whether the rules of the Commission, or FCC 
                Form 620 or FCC Form 621, are found to be in violation 
                of a Nationwide Programmatic Agreement of the 
                Commission.

SEC. 303. RULE OF CONSTRUCTION.

    Nothing in this title or any amendment made by this title may be 
construed to affect the obligation of the Commission to evaluate 
radiofrequency exposure under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

SEC. 304. DEFINITIONS.

    In this title:
            (1) Chief executive.--The term ``Chief Executive'' means 
        the person who is the Chief, Chairman, Governor, President, or 
        similar executive official of an Indian tribal government.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Communications facility.--The term ``communications 
        facility'' has the meaning given the term ``communications 
        facility installation'' in section 6409(d) of the Middle Class 
        Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)).
            (4) Covered easement.--The term ``covered easement'' means 
        an easement, right-of-way, or lease with respect to a building 
        or other property owned by the Federal Government, excluding 
        Tribal land held in trust by the Federal Government (unless the 
        Indian tribal government with respect to such land requests 
        that the Commission not exclude the land for purposes of this 
        definition), for the right to install, construct, modify, or 
        maintain a communications facility or a utility facility.
            (5) Covered project.--The term ``covered project'' means 
        any of the following:
                    (A) A project--
                            (i) for--
                                    (I) the mounting or installation of 
                                a personal wireless service facility 
                                with another personal wireless service 
                                facility that exists at the time at 
                                which a request for authorization of 
                                such mounting or installation is 
                                submitted to a State or local 
                                government or instrumentality thereof 
                                or to an Indian tribal government; or
                                    (II) the modification of a personal 
                                wireless service facility; and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (B) A project--
                            (i) for the placement, construction, or 
                        modification of a telecommunications service 
                        facility in or on eligible support 
                        infrastructure; and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (C) A project to deploy a small personal wireless 
                service facility.
                    (D) A project--
                            (i) for the deployment or modification of a 
                        communications facility that is to be carried 
                        out entirely within a floodplain (as defined in 
                        section 9.4 of title 44, Code of Federal 
                        Regulations, as in effect on the date of the 
                        enactment of this Act); and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (E) A project--
                            (i) for the deployment or modification of a 
                        communications facility that is to be carried 
                        out entirely within a brownfield site (as 
                        defined in section 101 of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601)); and
                            (ii) for which a permit, license, or 
                        approval from the Commission is required or 
                        that is otherwise subject to the jurisdiction 
                        of the Commission.
                    (F) A project to permanently remove covered 
                communications equipment or services (as defined in 
                section 9 of the Secure and Trusted Communications 
                Networks Act of 2019 (47 U.S.C. 1608)) and to replace 
                such covered communications equipment or services with 
                communications equipment or services (as defined in 
                such section) that are not covered communications 
                equipment or services (as so defined).
                    (G) A project that--
                            (i) is to be carried out entirely within an 
                        area for which the President, the Governor of a 
                        State, or the Chief Executive of an Indian 
                        tribal government has declared a major disaster 
                        or an emergency;
                            (ii) is to be carried out not later than 5 
                        years after the date on which the President, 
                        Governor, or Chief Executive made such 
                        declaration; and
                            (iii) replaces a communications facility 
                        damaged by such disaster or emergency or makes 
                        improvements to a communications facility in 
                        such area that could reasonably be considered 
                        as necessary for recovery from such disaster or 
                        emergency or to prevent or mitigate any future 
                        disaster or emergency.
                    (H) A project for the placement and installation of 
                a new communications facility if--
                            (i) such new facility--
                                    (I) will be located within a public 
                                right-of-way; and
                                    (II) is not more than 50 feet tall 
                                or 10 feet taller than any existing 
                                structure in the public right-of-way, 
                                whichever is higher;
                            (ii) such new facility is--
                                    (I) a replacement for an existing 
                                communications facility; and
                                    (II) the same as, or substantially 
                                similar to (as such term is defined by 
                                the Commission), the existing 
                                communications facility that such new 
                                communications facility is replacing;
                            (iii) such new facility is a type of 
                        communications facility that--
                                    (I) is described in section 
                                6409(d)(1)(B) of the Middle Class Tax 
                                Relief and Job Creation Act of 2012 (47 
                                U.S.C. 1455(d)(1)(B)); and
                                    (II) meets the size limitation of a 
                                small antenna established by the 
                                Commission; or
                            (iv) the placement and installation of such 
                        new facility involves the expansion of the site 
                        of an existing communications facility not more 
                        than 30 feet in any direction.
            (6) Eligible support infrastructure.--The term ``eligible 
        support infrastructure'' means infrastructure that supports or 
        houses a facility for communication by wire (or that is 
        designed for or capable of supporting or housing such a 
        facility) at the time when a request to a State or local 
        government or instrumentality thereof, or to an Indian tribal 
        government, for authorization to place, construct, or modify a 
        telecommunications service facility in or on the infrastructure 
        is submitted to the government or instrumentality.
            (7) Emergency.--The term ``emergency'' means--
                    (A) in the case of an emergency declared by the 
                President, an emergency declared by the President under 
                section 501 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5191); and
                    (B) in the case of an emergency declared by the 
                Governor of a State or the Chief Executive of an Indian 
                tribal government, any occasion or instance with 
                respect to which the Governor or Chief Executive 
                declares that an emergency exists (or makes a similar 
                declaration) under State or Tribal law (as the case may 
                be).
            (8) Federal authorization.--The term ``Federal 
        authorization''--
                    (A) means any authorization required under Federal 
                law with respect to a covered project or a covered 
                easement; 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 or a covered easement.
            (9) Governor.--The term ``Governor'' means the chief 
        executive of any State.
            (10) Indian tribal government.--The term ``Indian tribal 
        government'' means the governing body of an Indian Tribe.
            (11) 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).
            (12) Major disaster.--The term ``major disaster'' means--
                    (A) in the case of a major disaster declared by the 
                President, a major disaster declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170); 
                and
                    (B) in the case of a major disaster declared by the 
                Governor of a State or the Chief Executive of an Indian 
                tribal government, any occasion or instance with 
                respect to which the Governor or Chief Executive 
                declares that a disaster exists (or makes a similar 
                declaration) under State or Tribal law (as the case may 
                be).
            (13) Personal wireless service facility.--The term 
        ``personal wireless service facility'' has the meaning given 
        such term in subparagraph (F) of section 332(c)(7) of the 
        Communications Act of 1934 (47 U.S.C. 332(c)(7)), as amended by 
        this Act.
            (14) Public right-of-way.--The term ``public right-of-
        way''--
                    (A) means--
                            (i) the area on, below, or above a public 
                        roadway, highway, street, sidewalk, alley, or 
                        similar property (whether currently or 
                        previously used in such manner); and
                            (ii) any land immediately adjacent to and 
                        contiguous with property described in clause 
                        (i) that is within the right-of-way grant; and
                    (B) does not include a portion of the Interstate 
                System (as such term is defined in section 101(a) of 
                title 23, United States Code).
            (15) Small personal wireless service facility.--The term 
        ``small personal wireless service facility'' means a personal 
        wireless service facility in which each antenna is not more 
        than 3 cubic feet in volume (excluding a wireline backhaul 
        facility connected to such personal wireless service facility).
            (16) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each territory or 
        possession of the United States.
            (17) 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).
            (18) 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.
            (19) Utility facility.--The term ``utility facility'' means 
        any privately, publicly, or cooperatively owned line, facility, 
        or system for producing, transmitting, or distributing power, 
        electricity, light, heat, gas, oil, crude products, water, 
        steam, waste, storm water not connected with highway drainage, 
        or any other similar commodity, including any fire or police 
        signal system or street lighting system, that directly or 
        indirectly serves the public.
            (20) Wireline backhaul facility.--The term ``wireline 
        backhaul facility'' means an above-ground or underground 
        wireline facility used to transport communications service or 
        other electronic communications from a small personal wireless 
        service facility or its adjacent network interface device to a 
        communications network.

                        TITLE IV--OTHER MATTERS

SEC. 401. TIMELY CONSIDERATION OF APPLICATIONS FOR FEDERAL EASEMENTS, 
              RIGHTS-OF-WAY, AND LEASES.

    (a) In General.--Section 6409(b)(3) of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 1455(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``an executive agency 
        receives a duly filed application'' and inserting ``an 
        application is submitted to an executive agency''; and
            (2) by adding at the end the following:
                    ``(E) Deemed granted.--If an executive agency fails 
                to grant or deny an application under subparagraph (A) 
                within the timeframe under such subparagraph, the 
                application shall be deemed granted on the day after 
                the last day of such timeframe.
                    ``(F) Tolling due to incompleteness.--
                            ``(i) Initial application incomplete.--If, 
                        not later than 30 days after the date on which 
                        an applicant submits to an executive agency an 
                        application under subparagraph (A), the 
                        executive agency provides to the applicant a 
                        written notice described in clause (iii) with 
                        respect to the application, the timeframe 
                        described in subparagraph (A) is tolled with 
                        respect to the application until the date on 
                        which the applicant submits to the executive 
                        agency a supplemental submission in response to 
                        the notice.
                            ``(ii) Supplemental submission 
                        incomplete.--If, not later than 10 days after 
                        the date on which an applicant submits to an 
                        executive agency a supplemental submission in 
                        response to a written notice described in 
                        clause (iii), the executive agency provides to 
                        the applicant a written notice described in 
                        clause (iii) with respect to the supplemental 
                        submission, the timeframe under subparagraph 
                        (A) is further tolled until the date on which 
                        the applicant submits to the executive agency a 
                        subsequent supplemental submission in response 
                        to the notice.
                            ``(iii) Written notice described.--The 
                        written notice described in this clause is, 
                        with respect to an application under 
                        subparagraph (A) or a supplemental submission 
                        described in clause (i) or (ii) submitted to an 
                        executive agency by an applicant, a written 
                        notice from the executive agency to the 
                        applicant--
                                    ``(I) stating that all of the 
                                information (including any form or 
                                other document) required by the 
                                executive agency to be submitted for 
                                the application to be considered 
                                complete has not been submitted;
                                    ``(II) identifying the information 
                                described in subclause (I) that was not 
                                submitted; and
                                    ``(III) including a citation to a 
                                specific provision of a publicly 
                                available rule, regulation, or standard 
                                issued by the executive agency 
                                requiring that such information be 
                                submitted with such an application.
                            ``(iv) Limitation on subsequent written 
                        notice.--If a written notice provided by an 
                        executive agency to an applicant under clause 
                        (ii) with respect to a supplemental submission 
                        identifies as not having been submitted any 
                        information that was not identified as not 
                        having been submitted in the prior written 
                        notice under this subparagraph in response to 
                        which the supplemental submission was 
                        submitted, the subsequent written notice shall 
                        be treated as not having been provided to the 
                        applicant.
                    ``(G) Tolling by mutual agreement.--The timeframe 
                under subparagraph (A) may be tolled by mutual 
                agreement between the executive agency and the 
                applicant.
                    ``(H) When application considered submitted.--For 
                the purposes of this paragraph, an application shall be 
                considered submitted to an executive agency on the date 
                on which the applicant takes the first procedural step 
                within the control of the applicant to submit such 
                application in accordance with the procedures 
                established by the executive agency for the review and 
                approval of such an application.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any application under subsection (b) of section 
6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 
U.S.C. 1455) that is submitted (as determined under subsection 
(b)(3)(H) of such section) to an executive agency (as defined in 
subsection (d) of such section) on or after the date of the enactment 
of this Act.

SEC. 402. STREAMLINING OF CERTAIN FEES RELATING TO BROADBAND 
              INFRASTRUCTURE DEPLOYED USING GRANT FUNDS UNDER BEAD 
              PROGRAM.

    Section 60102(e)(4) of the Infrastructure Investment and Jobs Act 
(47 U.S.C. 1702(e)(4)) is amended by adding at the end the following:
                    ``(F) Certification regarding streamlining of 
                certain fees relating to broadband infrastructure.--An 
                eligible entity that submits a final proposal under 
                this paragraph shall certify in such final proposal 
                that any fee charged by the eligible entity, or any 
                political subdivision of the eligible entity, to 
                consider a request for authorization to place, 
                construct, or modify, using (in whole or in part) grant 
                funds received under this paragraph, infrastructure for 
                the provision of broadband service, and any fee for use 
                of a right-of-way or infrastructure in a right-of-way 
                owned or managed by the entity or political subdivision 
                for the placement, construction, or modification, using 
                (in whole or in part) grant funds received under this 
                paragraph, of infrastructure for the provision of 
                broadband service, will be--
                            ``(i) competitively neutral, technology 
                        neutral, and nondiscriminatory;
                            ``(ii) established in advance and publicly 
                        disclosed;
                            ``(iii) calculated--
                                    ``(I) based on actual and direct 
                                costs, such as costs for--
                                            ``(aa) review and 
                                        processing of requests; and
                                            ``(bb) repairs and 
                                        replacement of--

                                                    ``(AA) components 
                                                and materials directly 
                                                resulting from and 
                                                affected by the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of 
                                                infrastructure for the 
                                                provision of broadband 
                                                service; or

                                                    ``(BB) equipment 
                                                that facilitates the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of such 
                                                infrastructure; 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 infrastructure on 
                                which infrastructure for the provision 
                                of broadband service is already located 
                                and infrastructure on which there is no 
                                infrastructure for the provision of 
                                broadband service as of the date on 
                                which the request is submitted to the 
                                eligible entity or political 
                                subdivision.''.
                                                 Union Calendar No. 192

118th CONGRESS

  1st Session

                               H. R. 3557

                      [Report No. 118-240, Part I]

_______________________________________________________________________

                                 A BILL

   To streamline Federal, State, and local permitting and regulatory 
 reviews to expedite the deployment of communications facilities, and 
                          for other purposes.

_______________________________________________________________________

                            October 2, 2023

  Reported from the Committee on Energy and Commerce with an amendment

                            October 2, 2023

 Committees on Natural Resources and Transportation and Infrastructure 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed