II 

115TH CONGRESS 

1ST SESSION S. 1988 

To streamline broadband infrastructure permitting on established public 

rights-of-way, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2017 

Mr. WICKER (for himself and Ms. CORTEZ MASTO) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To streamline broadband infrastructure permitting on 

established public rights-of-way, 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 ‘‘Streamlining Permit5 ting to Enable Efficient Deployment of Broadband Infra6 structure Act of 2017’’ or the ‘‘SPEED Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act— 

9 (1) the term ‘‘antenna’’ means communications 

10 equipment that transmits or receives electromagnetic 


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1 radio frequency signals used in the provision of wire2 less services; 

3 (2) the term ‘‘appropriate committees of Con4 gress’’ means— 

5 (A) the Committee on Commerce, Science, 

6 and Transportation of the Senate; 

7 (B) the Committee on Energy and Natural 

8 Resources of the Senate; 

9 (C) the Committee on Energy and Com10 merce of the House of Representatives; and 

11 (D) the Committee on Natural Resources 

12 of the House of Representatives; 

13 (3) the term ‘‘Commission’’ means the Federal 

14 Communications Commission; 

15 (4) the term ‘‘communications facility installa16 tion’’ includes— 

17 (A) any infrastructure, including any 

18 transmitting device, tower, or support structure, 

19 and any equipment, switches, wiring, cabling, 

20 power sources, shelters, or cabinets, associated 

21 with the licensed or permitted unlicensed wire22 less or wireline transmission of writings, signs, 

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

24 all kinds; and 

25 (B) any antenna or apparatus that— 


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1 (i) is designed for the purpose of 

2 emitting or receiving radio frequency; 

3 (ii)(I) is designed to be operated, or is 

4 operating, from a fixed location pursuant 

5 to authorization by the Commission; or 

6 (II) is using duly authorized devices 

7 that do not require individual licenses; and 

8 (iii) is added to a tower, building, sup9 port pole, or other structure; 

10 (5) the term ‘‘covered easement’’ means an 

11 easement, right-of-way, or lease to, in, over, or on a 

12 building or other property owned by the Federal 

13 Government, excluding tribal land held in trust by 

14 the Federal Government (unless the tribal govern15 ment of such land requests that the Commission not 

16 exclude the land for purposes of this definition), for 

17 the right to install, construct, modify, or maintain a 

18 communications facility installation; 

19 (6) the term ‘‘public right-of-way’’— 

20 (A) means— 

21 (i) the area on, below, or above a pub22 lic roadway, highway, street, sidewalk, 

23 alley, or similar property; and 

24 (ii) any land immediately adjacent to 

25 and contiguous with property described in 


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

2 grant; and 

3 (B) does not include a Federal interstate 

4 highway; 

5 (7) the term ‘‘small wireless facility’’ means a 

6 wireless service facility that meets the size limita7 tion, and any other applicable requirement, estab8 lished by the Commission; 

9 (8) the term ‘‘Streamlining Federal Siting 

10 Working Group’’ or ‘‘Working Group’’ means the 

11 Streamlining Federal Siting Working Group of the 

12 Broadband Deployment Advisory Committee; 

13 (9) the term ‘‘support pole’’ means an upright 

14 pole or structure used or capable of being used to 

15 support a wireless service facility; 

16 (10) the term ‘‘utility facility’’ means any pri17 vately, publicly, or cooperatively owned line, facility, 

18 or system for producing, transmitting, or distrib19 uting power, electricity, light, heat, gas, oil, crude 

20 products, water, steam, waste, storm water not con21 nected with highway drainage, or any other similar 

22 commodity, including any fire or police signal system 

23 or street lighting system, that directly or indirectly 

24 serves the public; 


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1 (11) the term ‘‘wireless service’’ means the 

2 transmission by radio communication of voice, video, 

3 or data communications services, including Internet 

4 Protocol or any successor protocol-enabled services, 

5 or any combination of those services, whether pro6 vided on a licensed or permitted unlicensed basis; 

7 and 

8 (12) the term ‘‘wireless service facility’’ means 

9 a facility for the provision of wireless service. 

10 SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMU11 NICATIONS FACILITY INSTALLATIONS. 

12 No review shall be required under the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

14 or division A of subtitle III of title 54, United States Code, 

15 as a condition of granting a covered easement for a com16 munications facility installation if a covered easement has 

17 been granted for another communications facility installa18 tion or a utility facility with respect to the same building 

19 or other property owned by the Federal Government. 

20 SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS 

21 FACILITIES. 

22 (a) EXCLUSION OF SMALL CELLS FROM REVIEW.— 

23 Notwithstanding any provision of the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 

25 division A of subtitle III of title 54, United States Code, 


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1 the Commission shall not be required to perform, and may 

2 not require any entity regulated by the Commission to per3 form, any review under that Act or division as a condition 

4 of permitting the placement and installation of a small 

5 wireless facility if the new small wireless facility— 

6 (1)(A) will be located within a public right-of7 way; and 

8 (B) is not higher than, or not substantially 

9 higher than (as that term is defined by the Commis10 sion), any existing structure in the public right of 

11 way; or 

12 (2) is— 

13 (A) a replacement for an existing small 

14 wireless facility; and 

15 (B) the same as, or substantially similar to 

16 (as that term is defined by the Commission), 

17 the small wireless facility that the new small 

18 wireless facility is replacing. 

19 (b) EXCLUSION OF WIRELESS SERVICE FACILITIES

20 IN PUBLIC RIGHTS-OF-WAY FROM REVIEW.—Notwith21 standing any provision of the National Environmental Pol22 icy Act of 1969 (42 U.S.C. 4321 et seq.) or division A 

23 of subtitle III of title 54, United States Code, the Commis24 sion shall not be required to perform, no Federal, State, 

25 or local authority shall be required to perform, and no 


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1 Federal, State, or local authority may require any entity 

2 to perform, any review under that Act or division as a 

3 condition of permitting the placement and installation of 

4 a wireless service facility if— 

5 (1)(A) the wireless service facility will be lo6 cated in an existing public right-of-way; and 

7 (B) any new ground disturbance from the in8 stallation of the wireless service facility is limited to 

9 the existing public right-of-way; and 

10 (2) the antenna tower or support pole— 

11 (A) is not more than 50 feet tall or 10 feet 

12 higher than any existing structure in the public 

13 right-of-way, whichever is higher; and 

14 (B) does not have guy wires. 

15 (c) SAVINGS CLAUSE.—Nothing in this section shall 

16 be construed to affect— 

17 (1) the obligation of the Commission to evaluate 

18 radiofrequency exposure under the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.); 

21 (2) except as explicitly provided in this section, 

22 the obligation of any provider of wireless service to 

23 comply with the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.) or division A of 

25 subtitle III of title 54, United States Code; or 


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1 (3) the authority of a State or local government 

2 to apply and enforce the zoning and other land use 

3 regulations of the State or local government to the 

4 extent consistent with this section and sections 253, 

5 332(c)(7), and 621 of the Communications Act of 

6 1934 (47 U.S.C. 253, 332(c)(7), and 541). 

7 SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELE8 COMMUNICATIONS EQUIPMENT ON FEDERAL 

9 LAND. 

10 Not later than 1 year after the date of enactment 

11 of this Act, the Comptroller General of the United States 

12 shall conduct a study, and submit a report to the appro13 priate committees of Congress, that includes— 

14 (1) an analysis of the challenges to and admin15 istrative delays in efficiently siting communications 

16 facility installations on Federal land, including 

17 whether, in order to increase the efficiency of such 

18 siting, it is necessary to develop— 

19 (A) standard procedures for communica20 tions facility installation siting, including a 

21 standard duration of leases and easements; 

22 (B) methods that Federal agencies may 

23 use to identify and report on coverage gaps and 

24 deficiencies in communications facility installa25 tion siting; and 


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1 (C) procedures for creating and maintain2 ing a publicly accessible inventory of space that 

3 can be used to attach or install communications 

4 facility installations; and 

5 (2) recommendations, if any, for how Congress 

6 and the Commission can address the challenges and 

7 reduce the administrative delays identified under 

8 paragraph (1). 

9 SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP 

10 REPORT. 

11 (a) IN GENERAL.—Not later than 60 days after the 

12 date of enactment of this Act, the Streamlining Federal 

13 Siting Working Group shall submit a report to the appro14 priate committees of Congress that contains an analysis 

15 of the challenges to and administrative delays in efficiently 

16 siting communications facility installations on Federal 

17 land, including whether, in order to increase the efficiency 

18 of such siting, it is necessary to develop— 

19 (1) standard procedures for communications fa20 cility installation siting, including a standard dura21 tion of leases and easements; 

22 (2) methods that Federal agencies may use to 

23 identify and report on coverage gaps and deficiencies 

24 in communications facility installation siting; and 


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1 (3) procedures for creating and maintaining a 

2 publicly accessible inventory of space that can be 

3 used to attach or install communications facility in4 stallations. 

5 (b) FINAL REPORT.—Not later than 120 days after 

6 the date of enactment of this Act, the Working Group 

7 shall submit a report to the appropriate committees of 

8 Congress on the final findings and recommendations of 

9 the Working Group described in subsection (a). 

Æ 


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