I 

116TH CONGRESS 

2D SESSION H. R. 7357 

To provide that a request for the collocation of a personal wireless service 

facility is categorically excluded from the requirement to prepare certain 

environmental or historical preservation reviews. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2020 

Mr. JOHNSON of Ohio introduced the following bill; which was referred to the 

Committee 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 provide that a request for the collocation of a personal 

wireless service facility is categorically excluded from the 

requirement to prepare certain environmental or historical preservation reviews. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wireless Broadband 

5 Competition and Efficient Deployment Act’’. 


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1 SEC. 2. CATEGORICAL EXCLUSION FROM NEPA AND NHPA 

2 FOR WIRELESS COLLOCATIONS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED PROJECT.—The term ‘‘covered 

5 project’’ means the placement, modification, or con6 struction of an eligible personal wireless facility that 

7 exists at the time at which a complete request for 

8 such authorization is filed with a State or local gov9 ernment or instrumentality thereof. 

10 (2) ELIGIBLE PERSONAL WIRELESS SERVICE

11 FACILITY.—The term ‘‘eligible personal wireless 

12 service facility’’ means any antenna, apparatus, 

13 transmitting device, and any equipment, switches, 

14 wiring, cabling, power sources, shelters, or cabinets, 

15 for the provision of personal wireless service. 

16 (3) PERSONAL WIRELESS SERVICE.—The term 

17 ‘‘personal wireless service’’ means— 

18 (A) commercial mobile service (as defined 

19 in section 332(d) of the Communications Act of 

20 1934 (47 U.S.C. 332(d))); 

21 (B) commercial mobile data service (as de22 fined in section 6001 of the Middle Class Tax 

23 Relief and Job Creation Act of 2012 (47 U.S.C. 

24 1401)); 

25 (C) unlicensed wireless service; and 


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1 (D) common carrier wireless exchange ac2 cess service. 

3 (4) STATE.—The term ‘‘State’’ means the 50 

4 States, the District of Columbia, the territories and 

5 possessions of the United States, and each federally 

6 recognized Indian Tribe. 

7 (b) NEPA CATEGORICAL EXCLUSION.— 

8 (1) IN GENERAL.—A covered project subject to 

9 the approval of the Commission shall be categorically 

10 excluded from the requirement to prepare an envi11 ronmental assessment or an environmental impact 

12 statement under section 102 of the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4332). 

14 (2) RELATION TO EXTRAORDINARY CIR15 CUMSTANCES PROCEDURES.—The use of the cat16 egorical exclusion under paragraph (1) shall not be 

17 considered to include extraordinary circumstances 

18 under section 220.6 of title 36, Code of Federal 

19 Regulations, or section 1508.4 of title 40, Code of 

20 Federal Regulations (or any successor to those regu21 lations). 

22 (c) NATIONAL HISTORIC PRESERVATION ACT EX23 EMPTION.—A covered project for which the Commission 

24 is required to issue a permit or that is otherwise subject 

25 to the jurisdiction of the Commission shall not be considVerDate Sep 11 2014 19:20 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7357.IH H7357

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1 ered an undertaking under section 300320 of title 54, 

2 United States Code. 

Æ 


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