Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018

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. Short title This Act may be cited as the Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018 2. Exemption from review for certain communications facilities Title I of the Communications Act of 1934 ( 47 U.S.C. 151 13. Exemption from review for certain communications facilities (a) For permitting by Commission (1) In general Notwithstanding any provision of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) the new facility— (i) will be located within a public right-of-way; and (ii) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; (B) the new facility is— (i) a replacement for an existing communications facility; and (ii) the same as, or substantially similar to (as such term is defined by the Commission), the communications facility that the new communications facility is replacing; (C) the new facility is a type of communications facility that— (i) is described in subsection (c)(2)(B); and (ii) meets the size limitation of a small antenna established by the Commission; or (D) the placement and installation involve the expansion of the site of an existing facility not more than 30 feet in any direction. (2) Savings clause Nothing in this subsection shall be construed to affect— (A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) except as explicitly provided in this subsection, the obligation of any provider of a communications service to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or (D) the authority or obligations established under section 20156(e) of title 49, United States Code. (b) For grant of easement on Federal property No review shall be required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (c) Definitions In this section: (1) Antenna The term antenna (2) Communications facility The term communications facility (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus— (i) that is designed for the purpose of emitting or receiving radio frequency; (ii) that— (I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or (II) is using duly authorized devices that do not require individual licenses; and (iii) that is added to a tower, building, support pole, or other structure. (3) Covered easement The term covered easement (4) Public right-of-way The term public right-of-way (A) means— (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (5) Support Pole The term support pole (6) Utility facility The term utility facility (7) Wireless service The term wireless service (8) Wireless service facility The term wireless service facility .

Summary: Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018 This bill amends the Communications Act of 1934 to exempt certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a communications facility, and replacement of a communications facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969.