BROADBAND Leadership Act

Subjects: Science, Technology, Communications


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3295

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2023

 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 complete 
                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 complete request is 
                        received by the government or instrumentality; 
                        or
                            ``(ii) for any other action relating to 
                        such facility, 150 days after the date on which 
                        the complete request is received by 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 tolling.--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.
            ``(3) Deemed granted.--
                    ``(A) In general.--If a State or local government 
                or instrumentality thereof has neither granted nor 
                denied a complete 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 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 complete 
                                request is received by 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.--Nothing in this section 
shall affect the application of section 332(c)(3) to commercial mobile 
service providers.
    ``(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 Complete; Received.--
            ``(1) When request considered complete.--
                    ``(A) In general.--For the purposes of this 
                section, a request to a State or local government or 
                instrumentality thereof shall be considered complete if 
                the requesting party--
                            ``(i) has taken the first procedural step 
                        within the control of the requesting party--
                                    ``(I) to submit such request in 
                                accordance with the procedures 
                                established by the government or 
                                instrumentality for the review and 
                                approval of such request; or
                                    ``(II) in the case of a government 
                                or instrumentality that has not 
                                established specific procedures for the 
                                review and approval of such 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; and
                            ``(ii) has not received a written notice 
                        from the government or instrumentality within 
                        30 days after the date on which the request is 
                        received by the government or instrumentality--
                                    ``(I) stating that all 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 
                                required to be submitted that was not 
                                submitted; and
                                    ``(III) citing a specific provision 
                                of a publicly available rule, 
                                regulation, or standard of the 
                                government or instrumentality that 
                                requires the information identified 
                                under subclause (II) to be submitted.
                    ``(B) Definition.--In this paragraph, the term `the 
                date on which the request is received by the government 
                or instrumentality' means--
                            ``(i) in the case of a request submitted 
                        electronically, the date on which the request 
                        is transmitted;
                            ``(ii) in the case of a request submitted 
                        in person, the date on which the request is 
                        delivered to the individual or at the location 
                        specified by the government or instrumentality 
                        for in-person submission; and
                            ``(iii) in the case of a request submitted 
                        in any other manner, the date determined under 
                        regulations promulgated by the Commission for 
                        the manner in which the request is submitted.
            ``(2) When complete request considered received.--For the 
        purposes of this section, a complete request shall be 
        considered received--
                    ``(A) except as provided in subparagraph (B), on 
                the date on which the requesting party submits to the 
                government or instrumentality all information 
                (including any form or other document) required by the 
                government or instrumentality to be submitted for the 
                request to be considered complete; or
                    ``(B) in the case of a request with respect to 
                which all such information is not submitted and that is 
                considered complete under paragraph (1)(A) because the 
                requesting party has not received a written notice from 
                the government or instrumentality within the period 
                described in such paragraph, on the day after the last 
                day of such period.
    ``(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 complete 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 received by 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.''.
                                 &lt;all&gt;
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