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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 278

To amend the Communications Act of 1934 to streamline siting processes 
   for telecommunications service facilities, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2025

 Mr. Griffith introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend the Communications Act of 1934 to streamline siting processes 
   for telecommunications service facilities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Barriers and Regulatory Obstacles 
Avoids Deployment of Broadband Access and Needs Deregulatory Leadership 
Act'' or the ``BROADBAND Leadership Act''.

SEC. 2. REMOVAL OF BARRIERS TO ENTRY.

    Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is 
amended to read as follows:

``SEC. 253. REMOVAL OF BARRIERS TO ENTRY.

    ``(a) In General.--No State or local statute or regulation, or 
other State or local legal requirement, may prohibit or have the effect 
of prohibiting the ability of any entity to provide or enhance the 
provision of any interstate or intrastate telecommunications service.
    ``(b) Placement, Construction, or Modification of 
Telecommunications Service Facilities.--
            ``(1) Prohibition on discrimination.--The regulation of the 
        placement, construction, or modification of a 
        telecommunications service facility by a State or local 
        government or instrumentality thereof may not discriminate--
                    ``(A) among telecommunications service facilities--
                            ``(i) based on the technology used to 
                        provide services; or
                            ``(ii) based on the services provided; or
                    ``(B) against telecommunications service 
                facilities, as compared to the regulation of the 
                placement, construction, or modification of other 
                facilities.
            ``(2) Timeframe to grant or deny requests.--
                    ``(A) In general.--A State or local government or 
                instrumentality thereof shall grant or deny a request 
                for authorization to place, construct, or modify a 
                telecommunications service facility not later than--
                            ``(i) if the request is for authorization 
                        to place, construct, or modify such facility in 
                        or on eligible support infrastructure, 90 days 
                        after the date on which the request is 
                        submitted by the requesting party to the 
                        government or instrumentality; or
                            ``(ii) for any other action relating to 
                        such facility, 150 days after the date on which 
                        the request is submitted by the requesting 
                        party to the government or instrumentality.
                    ``(B) Applicability.--The applicable timeframe 
                under subparagraph (A) shall apply collectively to all 
                proceedings, including permits and authorizations, 
                required by a State or local government or 
                instrumentality thereof for the approval of the 
                request.
                    ``(C) No moritoria.--A timeframe under subparagraph 
                (A) may not be tolled by any moratorium, whether 
                express or de facto, imposed by a State or local 
                government or instrumentality thereof on the 
                submission, acceptance, or consideration of requests 
                for authorization to place, construct, or modify a 
                telecommunications service facility.
                    ``(D) Tolling due to incompleteness.--
                            ``(i) Initial request incomplete.--If, not 
                        later than 30 days after the date on which a 
                        requesting party submits to a State or local 
                        government or instrumentality thereof a request 
                        for authorization to place, construct, or 
                        modify a telecommunications service facility, 
                        the government or instrumentality provides to 
                        the requesting party a written notice described 
                        in clause (iii) with respect to the request, 
                        the timeframe described in subparagraph (A) is 
                        tolled with respect to the request until the 
                        date on which the requesting party submits to 
                        the government or instrumentality a 
                        supplemental submission in response to the 
                        notice.
                            ``(ii) Supplemental submission 
                        incomplete.--If, not later than 10 days after 
                        the date on which a requesting party submits to 
                        a State or local government or instrumentality 
                        thereof a supplemental submission in response 
                        to a written notice described in clause (iii), 
                        the government or instrumentality provides to 
                        the requesting party a written notice described 
                        in clause (iii) with respect to the 
                        supplemental submission, the timeframe under 
                        subparagraph (A) is further tolled until the 
                        date on which the requesting party submits to 
                        the government or instrumentality a subsequent 
                        supplemental submission in response to the 
                        notice.
                            ``(iii) Written notice described.--The 
                        written notice described in this clause is, 
                        with respect to a request described in 
                        subparagraph (A) or a supplemental submission 
                        described in clause (i) or (ii) submitted to a 
                        State or local government or instrumentality 
                        thereof by a requesting party, a written notice 
                        from the government or instrumentality to the 
                        requesting party--
                                    ``(I) stating that all of the 
                                information (including any form or 
                                other document) required by the 
                                government or instrumentality to be 
                                submitted for the request to be 
                                considered complete has not been 
                                submitted;
                                    ``(II) identifying the information 
                                described in subclause (I) that was not 
                                submitted; and
                                    ``(III) including a citation to a 
                                specific provision of a publicly 
                                available rule, regulation, or standard 
                                issued by the government or 
                                instrumentality requiring that such 
                                information be submitted with such a 
                                request.
                            ``(iv) Limitation on subsequent written 
                        notice.--If a written notice provided by a 
                        State or local government or instrumentality 
                        thereof to a requesting party under clause (ii) 
                        with respect to a supplemental submission 
                        identifies as not having been submitted any 
                        information that was not identified as not 
                        having been submitted in the prior written 
                        notice under this subparagraph in response to 
                        which the supplemental submission was 
                        submitted, the subsequent written notice shall 
                        be treated as not having been provided to the 
                        requesting party.
                    ``(E) Tolling by mutual agreement.--The timeframe 
                under subparagraph (A) may be tolled by mutual 
                agreement between the State or local government or 
                instrumentality thereof and the requesting party.
            ``(3) Deemed granted.--
                    ``(A) In general.--If a State or local government 
                or instrumentality thereof has neither granted nor 
                denied a request within the applicable timeframe under 
                paragraph (2), the request shall be deemed granted on 
                the date on which the government or instrumentality 
                receives a written notice of the failure to grant or 
                deny from the requesting party.
                    ``(B) Rule of construction.--In the case of a 
                request that is deemed granted under subparagraph (A), 
                the placement, construction, or modification requested 
                in such request shall be considered to be authorized, 
                without any further action by the government or 
                instrumentality, beginning on the date on which such 
                request is deemed granted under such subparagraph.
            ``(4) Written decision and record.--A decision by a State 
        or local government or instrumentality thereof to deny a 
        request to place, construct, or modify a telecommunications 
        service facility shall be--
                    ``(A) in writing;
                    ``(B) supported by substantial evidence contained 
                in a written record; and
                    ``(C) publicly released, and provided to the 
                requesting party, on the same day such decision is 
                made.
            ``(5) Fees.--
                    ``(A) In general.--To the extent permitted by law, 
                a State or local government or instrumentality thereof 
                may charge a fee that meets the requirements under 
                subparagraph (B)--
                            ``(i) to consider a request for 
                        authorization to place, construct, or modify a 
                        telecommunications service facility; or
                            ``(ii) for use of a right-of-way or a 
                        facility in a right-of-way owned or managed by 
                        the government or instrumentality for the 
                        placement, construction, or modification of a 
                        telecommunications service facility.
                    ``(B) Requirements.--A fee charged under 
                subparagraph (A) shall be--
                            ``(i) competitively neutral, technology 
                        neutral, and nondiscriminatory;
                            ``(ii) established in advance and publicly 
                        disclosed;
                            ``(iii) calculated--
                                    ``(I) based on actual and direct 
                                costs for--
                                            ``(aa) review and 
                                        processing of requests; and
                                            ``(bb) repairs and 
                                        replacement of--

                                                    ``(AA) components 
                                                and materials directly 
                                                resulting from and 
                                                affected by the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of 
                                                telecommunications 
                                                service facilities; or

                                                    ``(BB) equipment 
                                                that facilitates the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of such 
                                                facilities; and

                                    ``(II) using, for purposes of 
                                subclause (I), only costs that are 
                                objectively reasonable; and
                            ``(iv) described to a requesting party in a 
                        manner that distinguishes between--
                                    ``(I) nonrecurring fees and 
                                recurring fees; and
                                    ``(II) the use of facilities on 
                                which telecommunications service 
                                facilities or infrastructure for 
                                compatible uses are already located and 
                                facilities on which there are no 
                                telecommunications service facilities 
                                or infrastructure for compatible uses 
                                as of the date on which the request is 
                                submitted by the requesting party to 
                                the government or instrumentality.
    ``(c) Judicial Review.--
            ``(1) In general.--A person adversely affected by a State 
        or local statute, regulation, or other legal requirement, or by 
        a final action or failure to act by a State or local government 
        or instrumentality thereof, that is inconsistent with this 
        section may commence an action in any court of competent 
        jurisdiction.
            ``(2) Timing.--
                    ``(A) Expedited basis.--A court shall hear and 
                decide an action commenced under paragraph (1) on an 
                expedited basis.
                    ``(B) Final action or failure to act.--An action 
                may only be commenced under paragraph (1) on the basis 
                of a final action or failure to act by a State or local 
                government or instrumentality thereof, if commenced not 
                later than 30 days after such action or failure to act.
    ``(d) Preservation of State Regulatory Authority.--Nothing in this 
section shall affect the ability of a State to impose, on a 
competitively neutral and nondiscriminatory basis and consistent with 
section 254, requirements necessary to preserve and advance universal 
service, protect the public safety and welfare, ensure the continued 
quality of telecommunications services, and safeguard the rights of 
consumers.
    ``(e) Preservation of State and Local Government Authority.--
Nothing in this section affects the authority of a State or local 
government or instrumentality thereof to manage, on a competitively 
neutral and nondiscriminatory basis, the public rights-of-way or to 
require, on a competitively neutral and nondiscriminatory basis, fair 
and reasonable compensation from telecommunications providers for use 
of public rights-of-way, if the compensation required meets the 
requirements of subsection (b)(5).
    ``(f) Preemption.--
            ``(1) In general.--If, after notice and an opportunity for 
        public comment, the Commission determines that a State or local 
        government or instrumentality thereof has permitted or imposed 
        a statute, regulation, or legal requirement that violates or is 
        inconsistent with this section, the Commission shall preempt 
        the enforcement of such statute, regulation, or legal 
        requirement to the extent necessary to correct such violation 
        or inconsistency.
            ``(2) Timing.--Not later than 120 days after receiving a 
        petition for preemption of the enforcement of a statute, 
        regulation, or legal requirement as described in paragraph (1), 
        the Commission shall grant or deny the petition.
    ``(g) Commercial Mobile Service Providers; Cable Operators.--
Nothing in this section shall affect the application of section 
332(c)(3) to commercial mobile service providers or section 621 to 
cable operators.
    ``(h) Rural Markets.--It shall not be a violation of this section 
for a State to require a telecommunications carrier that seeks to 
provide telephone exchange service or exchange access in a service area 
served by a rural telephone company to meet the requirements in section 
214(e)(1) for designation as an eligible telecommunications carrier for 
that area before being permitted to provide such service. This 
subsection shall not apply--
            ``(1) to a service area served by a rural telephone company 
        that has obtained an exemption, suspension, or modification of 
        section 251(c)(4) that effectively prevents a competitor from 
        meeting the requirements of section 214(e)(1); and
            ``(2) to a provider of commercial mobile services.
    ``(i) When Request Considered Submitted.--For the purposes of this 
section, a request to a State or local government or instrumentality 
thereof shall be considered submitted on the date on which the 
requesting party takes the first procedural step within the control of 
the requesting party--
            ``(1) to submit such request in accordance with the 
        procedures established by the government or instrumentality for 
        the review and approval of such a request; or
            ``(2) in the case of a government or instrumentality that 
        has not established specific procedures for the review and 
        approval of such a request, to submit to the government or 
        instrumentality the type of filing that is typically required 
        to initiate a standard review for a similar facility or 
        structure.
    ``(j) Definitions.--In this section:
            ``(1) Eligible support infrastructure.--The term `eligible 
        support infrastructure' means infrastructure that supports or 
        houses a telecommunications service facility (or that is 
        designed for or capable of supporting or housing such a 
        facility) at the time when a request to a State or local 
        government or instrumentality thereof for authorization to 
        place, construct, or modify a telecommunications service 
        facility in or on the infrastructure is submitted by the 
        requesting party to the government or instrumentality.
            ``(2) Telecommunications service facility.--The term 
        `telecommunications service facility'--
                    ``(A) means a facility that is designed or used to 
                provide or facilitate the provision of any interstate 
                or intrastate telecommunications service; and
                    ``(B) includes a facility described in subparagraph 
                (A) that is used to provide other services.''.
                                 <all>
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