I 

115TH CONGRESS 

2D SESSION H. R. 4842 

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 

JANUARY 18, 2018 

Mr. SHIMKUS 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 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Streamlining Permit3 ting to Enable Efficient Deployment of Broadband Infra4 structure Act of 2018’’. 

5 SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMU6 NICATIONS FACILITIES. 

7 Title I of the Communications Act of 1934 (47 

8 U.S.C. 151 et seq.) is amended by adding at the end the 

9 following: 

10 ‘‘SEC. 13. EXEMPTION FROM REVIEW FOR CERTAIN COMMU11 NICATIONS FACILITIES. 

12 ‘‘(a) FOR PERMITTING BY COMMISSION.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding any provi14 sion of the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.) or division A of sub16 title III of title 54, United States Code, the Commis17 sion shall not be required to perform, and may not 

18 require any entity regulated by the Commission to 

19 perform, any review under such Act or division as a 

20 condition of permitting the placement and installa21 tion of a communications facility if— 

22 ‘‘(A) the new facility— 

23 ‘‘(i) will be located within a public 

24 right-of-way; and 

25 ‘‘(ii) is not more than 50 feet tall or 

26 10 feet higher than any existing structure 


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1 in the public right-of-way, whichever is 

2 higher; 

3 ‘‘(B) the new facility is— 

4 ‘‘(i) a replacement for an existing 

5 communications facility; and 

6 ‘‘(ii) the same as, or substantially 

7 similar to (as such term is defined by the 

8 Commission), the communications facility 

9 that the new communications facility is re10 placing; 

11 ‘‘(C) the new facility is a type of commu12 nications facility that— 

13 ‘‘(i) is described in subsection 

14 (c)(2)(B); and 

15 ‘‘(ii) meets the size limitation of a 

16 small antenna established by the Commis17 sion; or 

18 ‘‘(D) the placement and installation involve 

19 the expansion of the site of an existing facility 

20 not more than 30 feet in any direction. 

21 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub22 section shall be construed to affect— 

23 ‘‘(A) the obligation of the Commission to 

24 evaluate radiofrequency exposure under the NaVerDate Sep 11 2014 22:50 Jan 20, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

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1 tional Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.); 

3 ‘‘(B) except as explicitly provided in this 

4 subsection, the obligation of any provider of a 

5 communications service to comply with the Na6 tional Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) or division A of subtitle 

8 III of title 54, United States Code; 

9 ‘‘(C) the authority of a State or local gov10 ernment to apply and enforce the zoning and 

11 other land use regulations of the State or local 

12 government to the extent consistent with this 

13 subsection and sections 253, 332(c)(7), and 

14 621; or 

15 ‘‘(D) the authority or obligations estab16 lished under section 20156(e) of title 49, 

17 United States Code. 

18 ‘‘(b) FOR GRANT OF EASEMENT ON FEDERAL PROP19 ERTY.—No review shall be required under the National 

20 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

21 seq.) or division A of subtitle III of title 54, United States 

22 Code, as a condition of granting a covered easement for 

23 a communications facility if a covered easement has been 

24 granted for another communications facility or a utility 


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•HR 4842 IH

1 facility with respect to the same building or other property 

2 owned by the Federal Government. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) ANTENNA.—The term ‘antenna’ means 

5 communications equipment that transmits or re6 ceives electromagnetic radio frequency signals used 

7 in the provision of wireless services. 

8 ‘‘(2) COMMUNICATIONS FACILITY.—The term 

9 ‘communications facility’ includes— 

10 ‘‘(A) any infrastructure, including any 

11 transmitting device, tower, or support structure, 

12 and any equipment, switches, wiring, cabling, 

13 power sources, shelters, or cabinets, associated 

14 with the licensed or permitted unlicensed wire15 less or wireline transmission of writings, signs, 

16 signals, data, images, pictures, and sounds of 

17 all kinds; and 

18 ‘‘(B) any antenna or apparatus— 

19 ‘‘(i) that is designed for the purpose 

20 of emitting or receiving radio frequency; 

21 ‘‘(ii) that— 

22 ‘‘(I) is designed to be operated, 

23 or is operating, from a fixed location 

24 pursuant to authorization by the 

25 Commission; or 


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1 ‘‘(II) is using duly authorized de2 vices that do not require individual li3 censes; and 

4 ‘‘(iii) that is added to a tower, build5 ing, support pole, or other structure. 

6 ‘‘(3) COVERED EASEMENT.—The term ‘covered 

7 easement’ means an easement, right-of-way, or lease 

8 to, in, over, or on a building or other property owned 

9 by the Federal Government, excluding tribal land 

10 held in trust by the Federal Government (unless the 

11 tribal government of such land requests that the 

12 Commission not exclude the land for purposes of 

13 this definition), for the right to install, construct, 

14 modify, or maintain a communications facility. 

15 ‘‘(4) PUBLIC RIGHT-OF-WAY.—The term ‘public 

16 right-of-way’— 

17 ‘‘(A) means— 

18 ‘‘(i) the area on, below, or above a 

19 public roadway, highway, street, sidewalk, 

20 alley, or similar property; and 

21 ‘‘(ii) any land immediately adjacent to 

22 and contiguous with property described in 

23 clause (i) that is within the right-of-way 

24 grant; and 


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1 ‘‘(B) does not include a portion of the 

2 Interstate System (as such term is defined in 

3 section 101(a) of title 23, United States Code). 

4 ‘‘(5) SUPPORT POLE.—The term ‘support pole’ 

5 means an upright pole or structure used or capable 

6 of being used to support a wireless service facility. 

7 ‘‘(6) UTILITY FACILITY.—The term ‘utility fa8 cility’ means any privately, publicly, or cooperatively 

9 owned line, facility, or system for producing, trans10 mitting, or distributing power, electricity, light, heat, 

11 gas, oil, crude products, water, steam, waste, storm 

12 water not connected with highway drainage, or any 

13 other similar commodity, including any fire or police 

14 signal system or street lighting system, that directly 

15 or indirectly serves the public. 

16 ‘‘(7) WIRELESS SERVICE.—The term ‘wireless 

17 service’ means the transmission by radio commu18 nication of voice, video, or data communications 

19 services, including Internet Protocol or any suc20 cessor protocol-enabled services, or any combination 

21 of those services, whether provided on a licensed or 

22 permitted unlicensed basis. 


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1 ‘‘(8) WIRELESS SERVICE FACILITY.—The term 

2 ‘wireless service facility’ means a facility for the pro3 vision of wireless service.’’. 

Æ 


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