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I
116TH CONGRESS
2D SESSION
H. R. 6488
To amend the Communications Act of 1934 to provide that the Federal
Communications Commission is not required to perform any review under
the National Environmental Policy Act of 1969 or division A of subtitle
III of title 54, United States Code, as a condition of permitting the
placement and installation of a communications facility, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 2020
Mr. SHIMKUS introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the Communications Act of 1934 to provide that
the Federal Communications Commission is not required
to perform any review under the National Environmental
Policy Act of 1969 or division A of subtitle III of title
54, United States Code, as a condition of permitting
the placement and installation of a communications facil-
ity, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 6488 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Streamlining Permit-
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ting to Enable Efficient Deployment of Broadband Infra-
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structure Act of 2020’’.
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SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-
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NICATIONS FACILITIES.
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Title I of the Communications Act of 1934 (47
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U.S.C. 151 et seq.) is amended by adding at the end the
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following:
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‘‘SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-
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NICATIONS FACILITIES.
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‘‘(a) FOR PERMITTING BY COMMISSION.—
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‘‘(1) IN GENERAL.—Notwithstanding any provi-
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sion of the National Environmental Policy Act of
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1969 (42 U.S.C. 4321 et seq.) or division A of sub-
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title III of title 54, United States Code, the Commis-
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sion shall not be required to perform, and may not
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require any entity regulated by the Commission to
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perform, any review under such Act or division as a
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condition of permitting the placement and installa-
20
tion of a communications facility if—
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‘‘(A) the new facility—
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‘‘(i) will be located within a public
23
right-of-way; and
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‘‘(ii) is not more than 50 feet tall or
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10 feet higher than any existing structure
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•HR 6488 IH
in the public right-of-way, whichever is
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higher;
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‘‘(B) the new facility is—
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‘‘(i) a replacement for an existing
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communications facility; and
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‘‘(ii) the same as, or substantially
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similar to (as such term is defined by the
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Commission), the communications facility
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that the new communications facility is re-
9
placing;
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‘‘(C) the new facility is a type of commu-
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nications facility that—
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‘‘(i)
is
described
in
subsection
13
(c)(2)(B); and
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‘‘(ii) meets the size limitation of a
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small antenna established by the Commis-
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sion; or
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‘‘(D) the placement and installation involve
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the expansion of the site of an existing facility
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not more than 30 feet in any direction.
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‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
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section shall be construed to affect—
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‘‘(A) the obligation of the Commission to
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evaluate radiofrequency exposure under the Na-
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•HR 6488 IH
tional Environmental Policy Act of 1969 (42
1
U.S.C. 4321 et seq.);
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‘‘(B) except as explicitly provided in this
3
subsection, the obligation of any provider of a
4
communications service to comply with the Na-
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tional Environmental Policy Act of 1969 (42
6
U.S.C. 4321 et seq.) or division A of subtitle
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III of title 54, United States Code;
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‘‘(C) the authority of a State or local gov-
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ernment to apply and enforce the zoning and
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other land use regulations of the State or local
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government to the extent consistent with this
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subsection and sections 253, 332(c)(7), and
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621; or
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‘‘(D) the authority or obligations estab-
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lished under section 20156(e) of title 49,
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United States Code.
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‘‘(b) FOR GRANT OF EASEMENT ON FEDERAL PROP-
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ERTY.—No review shall be required under the National
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Environmental Policy Act of 1969 (42 U.S.C. 4321 et
20
seq.) or division A of subtitle III of title 54, United States
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Code, as a condition of granting a covered easement for
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a communications facility if a covered easement has been
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granted for another communications facility or a utility
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•HR 6488 IH
facility with respect to the same building or other property
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owned by the Federal Government.
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‘‘(c) DEFINITIONS.—In this section:
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‘‘(1) ANTENNA.—The term ‘antenna’ means
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communications equipment that transmits or re-
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ceives electromagnetic radio frequency signals used
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in the provision of wireless services.
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‘‘(2) COMMUNICATIONS
FACILITY.—The term
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‘communications facility’ includes—
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‘‘(A) any infrastructure, including any
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transmitting device, tower, or support structure,
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and any equipment, switches, wiring, cabling,
12
power sources, shelters, or cabinets, associated
13
with the licensed or permitted unlicensed wire-
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less or wireline transmission of writings, signs,
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signals, data, images, pictures, and sounds of
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all kinds; and
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‘‘(B) any antenna or apparatus—
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‘‘(i) that is designed for the purpose
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of emitting or receiving radio frequency;
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‘‘(ii) that—
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‘‘(I) is designed to be operated,
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or is operating, from a fixed location
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pursuant to authorization by the
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Commission; or
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‘‘(II) is using duly authorized de-
1
vices that do not require individual li-
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censes; and
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‘‘(iii) that is added to a tower, build-
4
ing, support pole, or other structure.
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‘‘(3) COVERED EASEMENT.—The term ‘covered
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easement’ means an easement, right-of-way, or lease
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to, in, over, or on a building or other property owned
8
by the Federal Government, excluding tribal land
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held in trust by the Federal Government (unless the
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tribal government of such land requests that the
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Commission not exclude the land for purposes of
12
this definition), for the right to install, construct,
13
modify, or maintain a communications facility.
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‘‘(4) PUBLIC RIGHT-OF-WAY.—The term ‘public
15
right-of-way’—
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‘‘(A) means—
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‘‘(i) the area on, below, or above a
18
public roadway, highway, street, sidewalk,
19
alley, or similar property; and
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‘‘(ii) any land immediately adjacent to
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and contiguous with property described in
22
clause (i) that is within the right-of-way
23
grant; and
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•HR 6488 IH
‘‘(B) does not include a portion of the
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Interstate System (as such term is defined in
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section 101(a) of title 23, United States Code).
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‘‘(5) SUPPORT POLE.—The term ‘support pole’
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means an upright pole or structure used or capable
5
of being used to support a wireless service facility.
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‘‘(6) UTILITY FACILITY.—The term ‘utility fa-
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cility’ means any privately, publicly, or cooperatively
8
owned line, facility, or system for producing, trans-
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mitting, or distributing power, electricity, light, heat,
10
gas, oil, crude products, water, steam, waste, storm
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water not connected with highway drainage, or any
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other similar commodity, including any fire or police
13
signal system or street lighting system, that directly
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or indirectly serves the public.
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‘‘(7) WIRELESS SERVICE.—The term ‘wireless
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service’ means the transmission by radio commu-
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nication of voice, video, or data communications
18
services, including Internet Protocol or any suc-
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cessor protocol-enabled services, or any combination
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of those services, whether provided on a licensed or
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permitted unlicensed basis.
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•HR 6488 IH
‘‘(8) WIRELESS SERVICE FACILITY.—The term
1
‘wireless service facility’ means a facility for the pro-
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vision of wireless service.’’.
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Æ
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