I 

115TH CONGRESS 

2D SESSION H. R. 4795 

To amend the Middle Class Tax Relief and Job Creation Act of 2012 to 

promote communications facilities deployment on Federal property, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2018 

Mrs. MIMI WALTERS of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, 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 Middle Class Tax Relief and Job Creation 

Act of 2012 to promote communications facilities deployment on Federal property, and for other purposes. 

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 ‘‘Communications Fa5 cilities Deployment on Federal Property Act of 2018’’. 


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1 SEC. 2. COMMUNICATIONS FACILITIES DEPLOYMENT ON 

2 FEDERAL PROPERTY. 

3 (a) IN GENERAL.—Section 6409 of the Middle Class 

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

5 1455) is amended— 

6 (1) in the heading, by striking ‘‘WIRELESS’’ 

7 and inserting ‘‘COMMUNICATIONS’’; and 

8 (2) by striking subsections (b), (c), and (d) and 

9 inserting the following: 

10 ‘‘(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND

11 LEASES.— 

12 ‘‘(1) GRANT.—If an entity applies for the grant 

13 of an easement, right-of-way, or lease to, in, over, or 

14 on a building or other property owned by the Fed15 eral Government for the right to install, construct, 

16 modify, or maintain a communications facility instal17 lation, the executive agency that is authorized to 

18 grant such easement, right-of-way, or lease for the 

19 building or other property may grant to the appli20 cant an easement, right-of-way, or lease to perform 

21 such installation, construction, modification, or 

22 maintenance. 

23 ‘‘(2) APPLICATION FORMS.—Not later than 30 

24 days after the date of the enactment of the Commu25 nications Facilities Deployment on Federal Property 

26 Act of 2018, the Administrator of General Services 


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1 shall develop a required common form for applica2 tions for easements, rights-of-way, or leases under 

3 paragraph (1). An executive agency may not require 

4 an applicant under paragraph (1) to use any form 

5 for submitting the application other than the com6 mon form developed by the Administrator of General 

7 Services under this paragraph and may not require 

8 any significant information beyond the information 

9 required by such common form. 

10 ‘‘(3) COMMON FEES.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other provision of law, not later than 30 days 

13 after the date of the enactment of the Commu14 nications Facilities Deployment on Federal 

15 Property Act of 2018, the Administrator of 

16 General Services shall establish a common fee 

17 for the processing of applications under para18 graph (1) and subsection (c). 

19 ‘‘(B) FEE GUIDELINES.—The application 

20 fees established pursuant to subparagraph (A) 

21 shall be— 

22 ‘‘(i) based on direct and actual cost 

23 recovery; and 

24 ‘‘(ii) competitively neutral with regard 

25 to other users of the building or other 


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1 property owned by the Federal Govern2 ment. 

3 ‘‘(C) EXCEPTIONS.—The Administrator of 

4 General Services may establish exceptions to 

5 the fee amount required under subparagraph 

6 (A)— 

7 ‘‘(i) in consideration of the public ben8 efit provided by a grant of an easement, 

9 right-of-way, or lease; and 

10 ‘‘(ii) in the interest of expanding wire11 less and broadband coverage. 

12 ‘‘(4) USE OF FEES COLLECTED.—Any fee col13 lected by an executive agency pursuant to paragraph 

14 (3) may be made available, as provided in appropria15 tions Acts, to such agency to cover the costs of 

16 granting the easement, right-of-way, or lease. 

17 ‘‘(c) MASTER CONTRACTS FOR COMMUNICATIONS

18 FACILITY INSTALLATION SITINGS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding section 

20 704 of the Telecommunications Act of 1996 (Public 

21 Law 104–104; 110 Stat. 151) or any other provision 

22 of law, not later 30 days after the date of the enact23 ment of the Communications Facilities Deployment 

24 on Federal Property Act of 2018, the Administrator 

25 of General Services shall— 


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1 ‘‘(A) develop one or more master contracts 

2 that shall govern the placement of a commu3 nications facility installation on a building or 

4 other property owned by the Federal Govern5 ment, which shall include offers of lease terms 

6 for the communications facility installation of 

7 not less than 10 years with automatic lease re8 newals; and 

9 ‘‘(B) in developing the master contract or 

10 contracts, standardize the treatment of the 

11 placement of a communications facility installa12 tion on a building rooftop or facade, the place13 ment of a communications facility installation 

14 on a rooftop or inside a building, the technology 

15 used in connection with a communications facil16 ity installation placed on a Federal building and 

17 other property, and any other key issues the 

18 Administrator of General Services considers ap19 propriate. 

20 ‘‘(2) APPLICABILITY.—The master contract or 

21 contracts developed by the Administrator of General 

22 Services under paragraph (1) shall apply to all pub23 licly accessible buildings and other property owned 

24 by the Federal Government. An executive agency 

25 may not enter into a contract governing the placeVerDate Sep 11 2014 00:43 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4795.IH H4795

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1 ment of a communications facility installation on a 

2 building or other property to which such a master 

3 contract applies, unless the contract entered into by 

4 the agency is consistent with, and does not contain 

5 any significant terms beyond the terms contained in, 

6 such master contract. 

7 ‘‘(d) DEFINITIONS.—In this section: 

8 ‘‘(1) COMMUNICATIONS FACILITY INSTALLA9 TION.—The term ‘communications facility installa10 tion’ includes— 

11 ‘‘(A) any infrastructure, including any 

12 transmitting device, tower, or support structure, 

13 and any equipment, switches, wiring, cabling, 

14 power sources, shelters, or cabinets, associated 

15 with the licensed or permitted unlicensed wire16 less or wireline transmission of writings, signs, 

17 signals, data, images, pictures, or sounds of all 

18 kinds; and 

19 ‘‘(B) any antenna or apparatus that— 

20 ‘‘(i) is designed for the purpose of 

21 emitting or receiving radio frequency; 

22 ‘‘(ii) is designed to be operated, or is 

23 operating, from a fixed location pursuant 

24 to authorization by the Commission or is 


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1 using duly authorized devices that do not 

2 require individual licenses; and 

3 ‘‘(iii) is added to a tower, building, or 

4 other structure. 

5 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

6 agency’ has the meaning given such term in section 

7 102 of title 40, United States Code.’’. 

8 (b) EFFECTIVE DATE.—This Act, and the amend9 ments made by this Act, shall take effect 30 days after 

10 the date of the enactment of this Act. 

11 (c) EFFECT ON EXISTING APPLICATIONS.—An appli12 cation for an easement, right-of-way, or lease that was 

13 made or granted under section 6409 of the Middle Class 

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

15 1455) before the effective date of this Act shall continue, 

16 subject to such section as in effect on the day before such 

17 effective date. 

Æ 


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