SPEED Act

To streamline broadband infrastructure permitting on established public rights-of-way, 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 2017 SPEED Act 2. Definitions In this Act— (1) the term antenna (2) the term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; (3) the term Commission (4) the term communications facility installation (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 that— (i) is designed for the purpose of emitting or receiving radio frequency; (ii) (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) is added to a tower, building, support pole, or other structure; (5) the term covered easement (6) 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 Federal interstate highway; (7) the term small wireless facility (8) the term Streamlining Federal Siting Working Group Working Group (9) the term support pole (10) the term utility facility (11) the term wireless service (12) the term wireless service facility 3. Exemption from review for certain communications facility installations No review shall be required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 4. Regulatory treatment of certain wireless facilities (a) Exclusion of small cells from review Notwithstanding any provision of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (1) (A) will be located within a public right-of-way; and (B) is not higher than, or not substantially higher than (as that term is defined by the Commission), any existing structure in the public right of way; or (2) is— (A) a replacement for an existing small wireless facility; and (B) the same as, or substantially similar to (as that term is defined by the Commission), the small wireless facility that the new small wireless facility is replacing. (b) Exclusion of wireless service facilities in public rights-of-Way from review Notwithstanding any provision of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (1) (A) the wireless service facility will be located in an existing public right-of-way; and (B) any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and (2) the antenna tower or support pole— (A) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; and (B) does not have guy wires. (c) Savings clause Nothing in this section shall be construed to affect— (1) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) except as explicitly provided in this section, the obligation of any provider of wireless service to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3) 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 section and sections 253, 332(c)(7), and 621 of the Communications Act of 1934 ( 47 U.S.C. 253 5. GAO report on Federal delays in siting telecommunications equipment on Federal land Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit a report to the appropriate committees of Congress, that includes— (1) an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop— (A) standard procedures for communications facility installation siting, including a standard duration of leases and easements; (B) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and (C) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations; and (2) recommendations, if any, for how Congress and the Commission can address the challenges and reduce the administrative delays identified under paragraph (1). 6. Streamlining Federal Siting Working Group report (a) In general Not later than 60 days after the date of enactment of this Act, the Streamlining Federal Siting Working Group shall submit a report to the appropriate committees of Congress that contains an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop— (1) standard procedures for communications facility installation siting, including a standard duration of leases and easements; (2) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and (3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations. (b) Final report Not later than 120 days after the date of enactment of this Act, the Working Group shall submit a report to the appropriate committees of Congress on the final findings and recommendations of the Working Group described in subsection (a).

Summary: Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017 or the SPEED Act This bill exempts certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a small wireless facility, and placement and installation of a wireless service facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969. The bill requires the Government Accountability Office to study and report about challenges to and administrative delays in efficiently siting communications facility installations on federal land, and to provide recommendations for how Congress and the Federal Communications Commission (FCC) can address such challenges and reduce delays identified in the report. The FCC Broadband Deployment Advisory Committee's Streamlining Federal Siting Working Group must submit a report analyzing the challenges to and administrative delays in efficiently siting communications facility installations on federal land, including whether it is necessary to develop: (1) standard procedures for communications facility installation siting, (2) methods that federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting, and (3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations.