within 30 days after the action or failure 
to act, commence an action in any court of 
competent jurisdiction, which shall hear 
and decide the action on an expedited 
basis. 
‘‘(ii) ADMINISTRATIVE REVIEW.— 
‘‘(I) IN
GENERAL.—Any person 
adversely affected by any final action 
or failure to act by a State or local 
government or any instrumentality 
thereof that is inconsistent with this 
paragraph may petition the Commis-
sion to order the government or in-
strumentality to reconsider the action 
or failure to act. 
‘‘(II) PUBLIC NOTICE AND COM-
MENT; TIMING.—Not later than 60 
days after receiving a petition under 
subclause (I), the Commission shall— 
‘‘(aa) provide public notice 
of, and an opportunity for public 
comment on, such petition; and 
‘‘(bb) grant or deny such pe-
tition. 
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‘‘(D) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this paragraph, a request to 
a State or local government or instru-
mentality thereof shall be considered 
complete if the requesting party has 
not received a written notice from the 
government or instrumentality within 
10 business days after the date on 
which the request is received by the 
government or instrumentality— 
‘‘(aa) stating that all the in-
formation (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; and 
‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
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‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the gov-
ernment or instrumentality’ means— 
‘‘(aa) in the case of a re-
quest submitted electronically, on 
the date on which the request is 
transmitted; 
‘‘(bb) in the case of a re-
quest submitted in person, on the 
date on which the request is de-
livered to the individual or at the 
location specified by the govern-
ment or instrumentality for in- 
person submission; and 
‘‘(cc) in the case of a re-
quest submitted in any other 
manner, on the date determined 
under regulations promulgated by 
the Commission for the manner 
in which the request is sub-
mitted. 
‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED RECEIVED.—For the purposes of 
this paragraph, a complete request shall be 
considered received on the date on which 
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the requesting party submits to the gov-
ernment or instrumentality all information 
(including any form or other document) re-
quired by the government or instrumen-
tality to be submitted for the request to be 
considered complete. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) ANTENNA.—The term ‘antenna’ 
means an apparatus designed for the pur-
pose of emitting radiofrequency radiation, 
to be operated or operating from a fixed 
location for the transmission of writing, 
signs, signals, data, images, pictures, and 
sounds of all kinds. 
‘‘(ii) COMMUNICATIONS
NETWORK.— 
The term ‘communications network’ means 
a network used to provide a communica-
tions service. 
‘‘(iii) COMMUNICATIONS
SERVICE.— 
The 
term 
‘communications 
service’ 
means— 
‘‘(I) cable service, as defined in 
section 602; 
‘‘(II) information service; 
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‘‘(III) telecommunications serv-
ice; and 
‘‘(IV) personal wireless service. 
‘‘(iv) 
ELIGIBLE
SUPPORT
STRUC-
TURE.—The term ‘eligible support struc-
ture’ means a tower, base station, or other 
structure that supports a personal wireless 
service 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 personal wire-
less service facility on the structure is re-
ceived by the government or instrumen-
tality. 
‘‘(v) 
GENERALLY
APPLICABLE 
CODE.—The term ‘generally applicable 
code’ means a uniform building, fire, elec-
trical, plumbing, or mechanical code adopt-
ed by a national code organization, or a 
local amendment to such a code, to the ex-
tent not inconsistent with this Act. 
‘‘(vi) 
NETWORK
INTERFACE
DE-
VICE.—The term ‘network interface device’ 
means a telecommunications demarcation 
device and cross-connect point that— 
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‘‘(I) is adjacent or proximate 
to— 
‘‘(aa) a small personal wire-
less service facility; or 
‘‘(bb) a structure supporting 
a small personal wireless service 
facility; and 
‘‘(II) demarcates the boundary 
with any wireline backhaul facility. 
‘‘(vii) PERSONAL
WIRELESS
SERV-
ICE.—The term ‘personal wireless service’ 
means— 
‘‘(I) commercial mobile service; 
‘‘(II) commercial mobile data 
service (as defined in section 6001 of 
the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 
1401)); 
‘‘(III) unlicensed wireless service; 
and 
‘‘(IV) common carrier wireless 
exchange access service. 
‘‘(viii) PERSONAL WIRELESS SERVICE 
FACILITY.—The term ‘personal wireless 
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service facility’ means a facility for the 
provision of personal wireless service. 
‘‘(ix) SMALL
PERSONAL
WIRELESS 
SERVICE FACILITY.—The term ‘small per-
sonal wireless service facility’— 
‘‘(I) means a personal wireless 
service facility in which each antenna 
is not more than 3 cubic feet in vol-
ume; and 
‘‘(II) does not include a wireline 
backhaul facility. 
‘‘(x) UNLICENSED
WIRELESS
SERV-
ICE.—The term ‘unlicensed wireless serv-
ice’— 
‘‘(I) means the offering of tele-
communications service using a duly 
authorized device that does not re-
quire an individual license; and 
‘‘(II) does not include the provi-
sion of direct-to-home satellite serv-
ices, as defined in section 303(v). 
‘‘(xi) WIRELINE
BACKHAUL
FACIL-
ITY.—The term ‘wireline backhaul facility’ 
means an above-ground or underground 
wireline facility used to transport commu-
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nications service or other electronic com-
munications from a small personal wireless 
service facility or the adjacent network 
interface device of such facility to a com-
munications network.’’. 
SEC. 202. BROADBAND LEADERSHIP. 
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 reg-
ulation, or other State or local legal requirement, may pro-
hibit or have the effect of prohibiting the ability of any 
entity to provide or enhance any interstate or intrastate 
telecommunications service. 
‘‘(b) PLACEMENT, CONSTRUCTION, OR MODIFICA-
TION OF TELECOMMUNICATIONS SERVICE FACILITIES.— 
‘‘(1) PROHIBITION
ON
UNREASONABLE
DIS-
CRIMINATION AMONG PROVIDERS OF FUNCTIONALLY 
EQUIVALENT
SERVICES.—The regulation of the 
placement, construction, or modification of a tele-
communications service facility by any State or local 
government or instrumentality thereof shall not un-
reasonably discriminate among providers of function-
ally equivalent services. 
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‘‘(2) TIMEFRAME
TO
GRANT
OR
DENY
RE-
QUESTS.— 
‘‘(A) IN GENERAL.—A State or local gov-
ernment or instrumentality thereof shall grant 
or deny a complete request for authorization to 
place, construct, or modify a telecommuni-
cations 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 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, im-
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posed by a State or local government or instru-
mentality thereof on the consideration of any 
request for authorization to place, construct, or 
modify a telecommunications service facility. 
‘‘(D) TEMPORARY WAIVER.—The Commis-
sion may temporarily waive the applicability of 
subparagraph (A) for not longer than a single 
30-day period for any complete request upon a 
demonstration by a State or local government 
or instrumentality thereof that the waiver would 
be consistent with the public interest, conven-
ience, and necessity. 
‘‘(3) DEEMED GRANTED.— 
‘‘(A) IN
GENERAL.—If a State or local 
government or instrumentality thereof has nei-
ther granted nor denied a complete request 
within the applicable timeframe under para-
graph (2), the request shall be deemed granted 
on the date on which the government or instru-
mentality receives a written notice of the failure 
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 
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be considered to be authorized, without any fur-
ther action by the government or instrumen-
tality, beginning on the date on which such re-
quest is deemed granted under such subpara-
graph. 
‘‘(4) WRITTEN DECISION AND RECORD.—Any 
decision by a State or local government or instru-
mentality thereof to deny a request to place, con-
struct, or modify a telecommunications service facil-
ity shall be— 
‘‘(A) in writing; and 
‘‘(B) supported by substantial evidence 
contained in a written record. 
‘‘(5) FEES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, a State or local govern-
ment or instrumentality thereof may charge a 
fee that meets the requirements under subpara-
graph (B)— 
‘‘(i) to consider a request for author-
ization to place, construct, or modify a 
telecommunications service facility; or 
‘‘(ii) for use of a right-of-way or a fa-
cility in a right-of-way owned or managed 
by the government or instrumentality for 
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the placement, construction, or modifica-
tion of a telecommunications service facil-
ity. 
‘‘(B) REQUIREMENTS.—A fee charged 
under subparagraph (A) shall be— 
‘‘(i) competitively neutral, technology 
neutral, and nondiscriminatory; 
‘‘(ii) publicly disclosed; 
‘‘(iii) calculated— 
‘‘(I) based on actual and direct 
costs, such as costs for— 
‘‘(aa) review and processing 
of requests; and 
‘‘(bb) repairs and replace-
ment of— 
‘‘(AA) components and 
materials resulting from and 
affected by the installation 
or 
improvement 
of 
tele-
communications service fa-
cilities; or 
‘‘(BB) equipment that 
facilitates the installation or 
improvement of such facili-
ties; and 
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‘‘(II) using, for purposes of sub-
clause (I), only costs that are objec-
tively reasonable; and 
‘‘(iv) described to a requesting party 
in a manner that distinguishes between— 
‘‘(I) nonrecurring fees and recur-
ring fees; and 
‘‘(II) the use of facilities on 
which telecommunications service fa-
cilities are already located and those 
on which there are no telecommuni-
cations service facilities as of the date 
on which the complete request is re-
ceived by the government or instru-
mentality. 
‘‘(c) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any person adversely af-
fected by a final action or failure to act by a State 
or local government or instrumentality thereof that 
is inconsistent with this section may, not later than 
30 days after the action or failure to act, commence 
an action in any court of competent jurisdiction. 
‘‘(2) TIMING.—A court shall hear and decide an 
action described in paragraph (1) on an expedited 
basis. 
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‘‘(d) PRESERVATION OF STATE REGULATORY AU-
THORITY.—Nothing in this section shall affect the ability 
of a State to impose, on a competitively neutral and non-
discriminatory basis and consistent with section 254, re-
quirements 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 GOVERN-
MENT AUTHORITY.—Nothing in this section affects the 
authority of a State or local government or instrumen-
tality thereof to manage the public rights-of-way or to re-
quire fair and reasonable compensation from telecommuni-
cations providers, on a competitively neutral and non-
discriminatory basis, for use of public rights-of-way on a 
competitively neutral and nondiscriminatory basis, if the 
compensation required meets the requirements of sub-
section (b)(5). 
‘‘(f) PREEMPTION.— 
‘‘(1) IN GENERAL.—If, after notice and an op-
portunity for public comment, the Commission deter-
mines that a State or local government or instru-
mentality thereof has permitted or imposed any stat-
ute, regulation, or legal requirement that violates or 
is inconsistent with this section, the Commission 
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shall preempt the enforcement of such statute, regu-
lation, or legal requirement to the extent necessary 
to correct such violation or inconsistency. 
‘‘(2) TIMING.—Not later than 60 days after re-
ceiving a petition for preemption of the enforcement 
of a statute, regulation, or legal requirement as de-
scribed 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 sec-
tion 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 tele-
phone company to meet the requirements in section 
214(e)(1) for designation as an eligible telecommuni-
cations carrier for that area before being permitted to pro-
vide such service. This subsection shall not apply— 
‘‘(1) to a service area served by a rural tele-
phone company that has obtained an exemption, sus-
pension, or modification of section 251(c)(4) that ef-
fectively prevents a competitor from meeting the re-
quirements of section 214(e)(1); and 
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‘‘(2) to a provider of commercial mobile serv-
ices. 
‘‘(i) WHEN REQUEST CONSIDERED COMPLETE; RE-
CEIVED.— 
‘‘(1) 
WHEN
REQUEST
CONSIDERED
COM-
PLETE.— 
‘‘(A) IN GENERAL.—For the purposes of 
this section, a request to a State or local gov-
ernment or instrumentality thereof shall be con-
sidered complete if the requesting party has not 
received a written notice from the government 
or instrumentality within 10 business 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) re-
quired by the government or instrumen-
tality to be submitted for the request to be 
considered complete has not been sub-
mitted; and 
‘‘(ii) identifying the information re-
quired to be submitted that was not sub-
mitted. 
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‘‘(B) DEFINITION.—In this paragraph, the 
term ‘received by the government or instrumen-
tality’ means— 
‘‘(i) in the case of a request submitted 
electronically, on the date on which the re-
quest is transmitted; 
‘‘(ii) in the case of a request sub-
mitted in person, on 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 sub-
mitted in any other manner, on 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 com-
plete request shall be considered received on the date 
on which the requesting party submits to the govern-
ment or instrumentality all information (including 
any form or other document) required by the govern-
ment or instrumentality to be submitted for the re-
quest to be considered complete. 
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‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE SUPPORT INFRASTRUCTURE.— 
The term ‘eligible support infrastructure’ means in-
frastructure that supports or houses a facility for 
communication by wire (or is designed to and capa-
ble of supporting or housing such a facility) at the 
time when a complete request to a State or local 
government or instrumentality thereof for authoriza-
tion to place, construct, or modify a telecommuni-
cations service facility in or on the infrastructure is 
received by the government or instrumentality. 
‘‘(2) TELECOMMUNICATIONS
SERVICE
FACIL-
ITY.—The term ‘telecommunications service facility’ 
means a facility for the provision of any interstate 
or intrastate telecommunications service.’’. 
SEC. 203. CABLE LEADERSHIP. 
Section 621 of the Communications Act of 1934 (47 
U.S.C. 541) is amended by adding at the end the fol-
lowing: 
‘‘(g) TIMING OF DECISION ON REQUEST FOR FRAN-
CHISE.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date on which a franchising authority re-
ceives a complete request for the grant of a fran-
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chise (other than a renewal thereof), the franchising 
authority shall approve or deny such request. 
‘‘(2) DEEMED GRANT OF NEW FRANCHISE.—If 
the franchising authority does not approve or deny 
a request under paragraph (1) by the day after the 
date on which the time period ends under such para-
graph, such request shall be deemed granted on such 
day. 
‘‘(3) 
APPLICABILITY.—Notwithstanding 
any 
provision of this title, the timeframe under para-
graph (1) shall apply collectively to all proceedings 
required by a franchising authority for the approval 
of the request. 
‘‘(4) NO TOLLING.—A timeframe under para-
graph (1) may not be tolled by any moratorium, 
whether express or de facto, imposed by a fran-
chising authority on the consideration of any request 
for a franchise. 
‘‘(5) WRITTEN DECISION AND RECORD.—Any 
decision by a franchising authority to deny a com-
plete request for a franchise shall be— 
‘‘(A) in writing; 
‘‘(B) supported by substantial evidence 
contained in a written record; and 
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‘‘(C) publicly released, contemporaneously 
with the decision. 
‘‘(6) WHEN REQUEST CONSIDERED COMPLETE; 
RECEIVED.— 
‘‘(A) WHEN REQUEST CONSIDERED COM-
PLETE.— 
‘‘(i) IN GENERAL.—For the purposes 
of this subsection, a request to a fran-
chising authority shall be considered com-
plete if the requesting party has not re-
ceived a written notice from the fran-
chising authority within 10 business days 
after the date on which the request is re-
ceived by the franchising authority— 
‘‘(I) stating that all the informa-
tion (including any form or other doc-
ument) required by the franchising 
authority to be submitted for the re-
quest to be considered complete has 
not been submitted; and 
‘‘(II) identifying the information 
required to be submitted that was not 
submitted. 
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‘‘(ii) DEFINITION.—In this paragraph, 
the term ‘received by the franchising au-
thority’ means— 
‘‘(I) in the case of a request sub-
mitted electronically, on the date on 
which the request is transmitted; 
‘‘(II) in the case of a request 
submitted in person, on the date on 
which the request is delivered to the 
individual or at the location specified 
by franchising authority for in-person 
submission; and 
‘‘(III) in the case of a request 
submitted in any other manner, on 
the date determined under regulations 
promulgated by the Commission for 
the manner in which the request is 
submitted. 
‘‘(B) WHEN COMPLETE REQUEST CONSID-
ERED
RECEIVED.—For the purposes of this 
subsection, a complete request shall be consid-
ered received on the date on which the request-
ing party submits to the franchising authority 
all information (including any form or other 
document) required by the franchising authority 
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to be submitted for the request to be considered 
complete.’’. 
SEC. 204. CABLE EXPANSION. 
Section 624 of the Communications Act of 1934 (47 
U.S.C. 544) is amended by adding at the end the fol-
lowing: 
‘‘(j) REQUEST REGARDING PLACEMENT, CONSTRUC-
TION, OR MODIFICATION OF CERTAIN FACILITIES.— 
‘‘(1) NO
AFFECT
ON
AUTHORITY
OF
FRAN-
CHISING AUTHORITY.—Except as provided in para-
graph (2), and notwithstanding any other provision 
of this section, nothing in this title shall limit or af-
fect the authority of a franchising authority over de-
cisions regarding the placement, construction, and 
modification of a covered facility within the jurisdic-
tion of such franchising authority. 
‘‘(2) LIMITATIONS.— 
‘‘(A) ABILITY TO PROVIDE OR ENHANCE 
CABLE SERVICE.—The regulation of the place-
ment, construction, or modification of a covered 
facility by a franchising authority shall not pro-
hibit or have the effect of prohibiting the ability 
of a cable operator to provide cable service, or 
enhance cable service provided, under a fran-
chise granted by such franchising authority. 
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‘‘(B) TIMING OF DECISIONS ON REQUESTS 
FOR AUTHORIZATIONS TO PLACE, CONSTRUCT, 
OR MODIFY FACILITY.— 
‘‘(i) REQUEST
FOR
AUTHORIZATION 
TO PLACE, CONSTRUCT, OR MODIFY FACIL-
ITY.— 
‘‘(I) TIMEFRAME.—A franchising 
authority shall approve or deny a 
complete request for authorization to 
place, construct, or modify a covered 
facility not later than— 
‘‘(aa) if the request is for 
authorization to place, construct, 
or modify a covered facility in or 
on an eligible support infrastruc-
ture, 90 days after the date on 
which the franchising authority 
receives the request; and 
‘‘(bb) if the request is not 
for authorization to place, con-
struct modify a covered facility in 
or on an eligible support infra-
structure, 150 days after the 
date on which franchising author-
ity receives the request. 
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‘‘(II) APPLICABILITY.—Notwith-
standing any provision of this title, 
the applicable timeframe under sub-
paragraph (A) shall apply collectively 
to all proceedings required by a fran-
chising authority for the approval of 
the request. 
‘‘(III) NO
TOLLING.—A time-
frame under subparagraph (A) may 
not be tolled by any moratorium, 
whether express or de facto, imposed 
by a franchising authority on the con-
sideration of any request for author-
ization to place, construct, or modify 
a facility for the provision of cable 
service. 
‘‘(IV) WRITTEN
DECISION
AND 
RECORD.—Any decision by a fran-
chising authority to deny a complete 
request for authorization to place, 
construct, or modify a covered facility 
shall be— 
‘‘(aa) in writing; 
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‘‘(bb) supported by substan-
tial evidence contained in a writ-
ten record; and 
‘‘(cc) publicly released, con-
temporaneously with the decision. 
‘‘(C) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this subparagraph (B), a re-
quest to a franchising authority shall 
be considered complete if the request-
ing party has not received a written 
notice from the franchising authority 
within 10 business days after the date 
on which the request is received by 
the franchising authority— 
‘‘(aa) stating that all the in-
formation (including any form or 
other document) required by the 
franchising authority to be sub-
mitted for the request to be con-
sidered complete has not been 
submitted; and 
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‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the fran-
chising authority’ means— 
‘‘(aa) in the case of a re-
quest submitted electronically, on 
the date on which the request is 
transmitted; 
‘‘(bb) in the case of a re-
quest submitted in person, on the 
date on which the request is de-
livered to the individual or at the 
location specified by the fran-
chising authority for in-person 
submission; and 
‘‘(cc) in the case of a re-
quest submitted in any other 
manner, on the date determined 
under regulations promulgated by 
the Commission for the manner 
in which the request is sub-
mitted. 
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‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED RECEIVED.—For the purposes of 
subparagraph (B), a complete request shall 
be considered received on the date on 
which the requesting party submits to the 
franchising authority all information (in-
cluding any form or other document) re-
quired by the franchising authority to be 
submitted for the request to be considered 
complete. 
‘‘(D) DEFINITIONS.—In this subsection: 
‘‘(i) ELIGIBLE SUPPORT INFRASTRUC-
TURE.—The term ‘eligible support infra-
structure’ means infrastructure that sup-
ports or houses a facility for communica-
tion by wire (or is designed to and capable 
of supporting or housing such facility) at 
the time when a complete request to a 
franchising authority for authorization to 
place, construct, or modify a covered facil-
ity in or on the infrastructure is received 
by the franchising authority. 
‘‘(ii) COVERED FACILITY.—The term 
‘covered facility’ means a facility— 
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‘‘(I) for the provision of cable 
service; and 
‘‘(II) 
that 
serves 
subscribers 
using an easement or public right-of- 
way.’’. 
SEC. 205. CABLE COMPETITION. 
(a) IN GENERAL.—Section 627 of the Communica-
tions Act of 1934 (47 U.S.C. 547) is amended to read: 
‘‘SEC. 627. CONDITIONS OF SALE OR TRANSFER. 
‘‘(a) VALUE
OF CABLE SYSTEM UPON SALE
OR 
TRANSFER.— 
‘‘(1) AFTER
DENIAL
OF
FRANCHISE
RE-
NEWAL.—If a renewal of a franchise held by a cable 
operator is denied and the franchising authority ac-
quires ownership of the cable system or effects a 
transfer of ownership of the system to another per-
son, any such acquisition or transfer shall be at fair 
market value, determined on the basis of the cable 
system valued as a going concern but with no value 
allocated to the franchise itself. 
‘‘(2) AFTER REVOCATION OF FRANCHISE FOR 
CAUSE.—If a franchise held by a cable operator is 
revoked for cause and the franchising authority ac-
quires ownership of the cable system or effects a 
transfer of ownership of the system to another per-
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son, any such acquisition or transfer shall be at fair 
market value. 
‘‘(b) LIMITATIONS ON AUTHORITY OF FRANCHISING 
AUTHORITY WITH RESPECT TO TRANSFER OF FRAN-
CHISE.— 
‘‘(1) IN
GENERAL.—A franchising authority 
may not— 
‘‘(A) preclude a cable operator from trans-
ferring a franchise to a person to which such 
franchise was not initially granted; or 
‘‘(B) require a cable operator to which a 
franchise is initially granted to receive approval 
from the franchising authority for the transfer 
of such franchise to a person who to which such 
franchise was not initially granted. 
‘‘(2) NOTIFICATION.—In the case of the trans-
fer of a franchise to a person to which such fran-
chise was not originally granted, a franchising au-
thority may require a cable operator to which a fran-
chise was initially granted to, not later than 15 days 
after a transfer of a franchise, notify the franchising 
authority in writing of such transfer. 
‘‘(3) TRANSFER DEFINED.—In this subsection, 
the term ‘transfer’ means the assignment rights 
under a franchise through any transaction, including 
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a merger, sale, assignment, restructuring, or trans-
fer of control of a cable operator or a cable sys-
tem.’’. 
(b) EFFECTIVE DATE.—This section, and the amend-
ments made by subsection (a), shall take effect 6 months 
after the date of the enactment of this Act. 
(c) APPLICATION.—This section, and the amendment 
made by subsection (a), shall apply to a franchise grant-
ed— 
(1) on or after the effective date established by 
subsection (b); or 
(2) before such date, if such franchise (includ-
ing any renewal term thereof) is in effect on such 
date. 
SEC. 206. CABLE TRANSPARENCY. 
(a) IN GENERAL.—Section 626 of the Communica-
tions Act of 1934 (47 U.S.C. 546) is amended to read 
as follows: 
‘‘SEC. 626. FRANCHISE TERM AND TERMINATION. 
‘‘(a) FRANCHISE TERM.—A franchise shall continue 
in effect (without any requirement for renewal) until the 
date on which the franchise is revoked or terminated in 
accordance with subsection (b). 
‘‘(b) LIMITS.— 
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‘‘(1) PROHIBITION AGAINST REVOCATION; TER-
MINATION.—Except as provided in paragraph (2), a 
franchise may not be— 
‘‘(A) revoked by a franchising authority; 
‘‘(B) terminated by a cable operator; or 
‘‘(C) revoked or terminated by operation of 
law, including by a term in a franchise that re-
vokes or terminates such franchise on a specific 
date, after a period of time, or upon the occur-
rence of an event. 
‘‘(2) WHEN TERMINATION OR REVOCATION OF 
FRANCHISE PERMITTED.— 
‘‘(A) TERMINATION
BY
CABLE
OPER-
ATOR.— 
‘‘(i) IN GENERAL.—A cable operator 
may terminate a franchise by submitting 
to the franchising authority a written re-
quest for the franchising authority to re-
voke such franchise. 
‘‘(ii) TIME
OF
REVOCATION.—If the 
cable operator submits a complete request 
under clause (i), the franchising authority 
shall revoke the franchise on the date that 
is 90 days after the franchising authority 
receives such request. 
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‘‘(iii) DEEMED TO BE REVOKED.—If a 
franchising authority does not approve a 
request by the date required under clause 
(ii), the franchise is deemed revoked on the 
day after such date. 
‘‘(B) TERMINATION BY FRANCHISING AU-
THORITY.—A franchising authority may revoke 
a franchise if the franchising authority— 
‘‘(i) finds that the cable operator has 
knowingly and willfully failed to substan-
tially meet a material requirement imposed 
by the franchise; 
‘‘(ii) provides the cable operator a rea-
sonable opportunity to cure such failure, 
after which the cable operator fails to cure 
such failure; and 
‘‘(iii) does not waive the material re-
quirement or acquiesce with the failure to 
substantially meet such requirement. 
‘‘(C) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this paragraph, a request to 
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a franchising authority shall be con-
sidered complete if the cable operator 
has not received a written notice from 
the franchising authority within 10 
business days after the date on which 
the request is received by the fran-
chising authority— 
‘‘(aa) stating that all the in-
formation (including any form or 
other document) required by the 
franchising authority to be sub-
mitted for the request to be con-
sidered complete has not been 
submitted; and 
‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the fran-
chising authority’ means— 
‘‘(aa) in the case of a re-
quest submitted electronically, on 
the date on which the request is 
transmitted; 
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‘‘(bb) in the case of a re-
quest submitted in person, on the 
date on which the request is de-
livered to the individual or at the 
location specified by the fran-
chising authority for in-person 
submission; and 
‘‘(cc) in the case of a re-
quest submitted in any other 
manner, on the date determined 
under regulations promulgated by 
the Commission for the manner 
in which the request is sub-
mitted. 
‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED RECEIVED.—For the purposes of 
this paragraph, a complete request shall be 
considered received on the date on which 
the cable operator submits to the fran-
chising authority all information (including 
any form or other document) required by 
the franchising authority to be submitted 
for the request to be considered complete. 
‘‘(c) REVIEW BY COMMISSION.— 
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‘‘(1) PETITION.—A cable operator may petition 
the Commission for review of a determination by a 
franchising authority to revoke a franchise under 
subsection (b)(2)(B). 
‘‘(2) REVIEW.—The Commission shall review 
the determination de novo. 
‘‘(3) ORDER.—If, based on the evidence pre-
sented during the review, the Commission deter-
mines that the franchising authority has not dem-
onstrated by a preponderance of the evidence that 
the franchising authority revoked the franchise in 
accordance with subsection (b)(2)(B), the Commis-
sion shall order the franchising authority to rein-
state the franchise.’’. 
(b) ELIMINATION OR MODIFICATION OF REQUIRE-
MENT IN FRANCHISE.—Section 625 of the Communica-
tions Act of 1934 (47 U.S.C. 545) is amended to read 
as follows: 
‘‘SEC. 625. ELIMINATION OR MODIFICATION OF REQUIRE-
MENT IN FRANCHISE. 
‘‘(a) IN GENERAL.—During the period in which a 
franchise is in effect, the cable operator may obtain the 
elimination or modification of any requirement in the fran-
chise by submitting to the franchising authority a request 
for the elimination or modification of such requirement. 
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‘‘(b) ELIMINATION OR MODIFICATION OF REQUIRE-
MENT IN FRANCHISE.—The franchising authority shall 
eliminate or modify a requirement in accordance with a 
complete request submitted under subsection (a) not later 
than 120 days after receiving such request if the cable 
operator demonstrates in the request— 
‘‘(1) good cause for the elimination or modifica-
tion of the requirement; and 
‘‘(2) that the mix, quality, and level of services 
required by the franchise at the time the franchise 
was granted will be maintained after the elimination 
or modification of the requirement. 
‘‘(c) DEEMED ELIMINATION
OR MODIFICATION.— 
Except in the case of a request for the elimination or 
modification of a requirement for services relating to pub-
lic, educational, or governmental access, if the franchising 
authority fails to approve or deny the complete request 
submitted under subsection (a) by the date described 
under subsection (b), the requirement shall be deemed 
eliminated or modified in accordance with the request on 
the day after such date. 
‘‘(d) APPEAL.— 
‘‘(1) IN GENERAL.—Any cable operator whose 
request for elimination or modification of a require-
ment in a franchise under subsection (a) has been 
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denied by a final decision of a franchising authority 
may obtain the elimination or modification of such 
franchise requirements pursuant to the provisions of 
section 635. 
‘‘(2) GRANT OF REQUEST.—In the case of any 
proposed elimination or modification of a require-
ment in a franchise under subsection (a), the court 
shall grant such elimination or modification only if 
the cable operator demonstrates to the court— 
‘‘(A) good cause for the elimination or 
modification of the requirement; and 
‘‘(B) that the mix, quality, and level of 
services required by the franchise at the time 
the franchise was granted will be maintained 
after the elimination or modification of the re-
quirement. 
‘‘(e) WHEN REQUEST CONSIDERED COMPLETE; RE-
CEIVED.— 
‘‘(1) 
WHEN
REQUEST
CONSIDERED
COM-
PLETE.— 
‘‘(A) IN GENERAL.—For the purposes of 
this section, a request to a franchising author-
ity shall be considered complete if the cable op-
erator has not received a written notice from 
the franchising authority within 10 business 
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days after the date on which the request is re-
ceived by the franchising authority— 
‘‘(i) stating that all the information 
(including any form or other document) re-
quired by the franchising authority to be 
submitted for the request to be considered 
complete has not been submitted; and 
‘‘(ii) identifying the information re-
quired to be submitted that was not sub-
mitted. 
‘‘(B) DEFINITION.—In this paragraph, the 
term ‘received by the franchising authority’ 
means— 
‘‘(i) in the case of a request submitted 
electronically, on the date on which the re-
quest is transmitted; 
‘‘(ii) in the case of a request sub-
mitted in person, on the date on which the 
request is delivered to the individual or at 
the location specified by the franchising 
authority for in-person submission; and 
‘‘(iii) in the case of a request sub-
mitted in any other manner, on the date 
determined under regulations promulgated 
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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 com-
plete request shall be considered received on the date 
on which the cable operator submits to the fran-
chising authority all information (including any form 
or other document) required by the franchising au-
thority to be submitted for the request to be consid-
ered complete.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended— 
(1) in section 601— 
(A) in paragraph (4), by striking the semi-
colon at the end and inserting ‘‘; and’’; 
(B) by striking paragraph (5); and 
(C) by redesignating paragraph (6) as 
paragraph (5); 
(2) in section 602(9)— 
(A) by striking ‘‘initial’’; and 
(B) by striking ‘‘, or renewal thereof (in-
cluding a renewal of an authorization which has 
been granted subject to section 626),’’; 
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(3) in section 611(b), by striking ‘‘and may re-
quire as part of a cable operator’s proposal for a 
franchise renewal, subject to section 626’’; 
(4) in section 612(b)(3)— 
(A) by striking ‘‘or as part of a proposal 
for renewal, subject to section 626,’’; and 
(B) by striking ‘‘, or proposal for renewal 
thereof,’’; 
(5) in section 621(b)(3)— 
(A) in subparagraph (C)(ii), by striking 
‘‘or franchise renewal’’; and 
(B) in subparagraph (D)— 
(i) by striking ‘‘initial’’; and 
(ii) by striking ‘‘, a franchise re-
newal,’’; 
(6) in section 624— 
(A) in subsection (b)(1), by striking ‘‘(in-
cluding requests for renewal proposals, subject 
to section 626)’’; and 
(B) in subsection (d)(1), by striking ‘‘or 
renewal thereof’’; 
(7) in section 627— 
(A) by striking subsection (a); 
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(B) in subsection (b), by inserting ‘‘, as de-
scribed in section 626(b)(2)(B),’’ after ‘‘for 
cause’’; and 
(C) by striking ‘‘(b) If’’ and inserting ‘‘If’’; 
and 
(8) in section 635A(a), by striking ‘‘renewal,’’. 
(d) EFFECTIVE DATE; APPLICATION.— 
(1) EFFECTIVE DATE.—This section, and the 
amendments made by this section, shall take effect 
6 months after the date of the enactment of this 
Act. 
(2) 
APPLICATION.—This 
section, 
and 
the 
amendments made by this section, shall apply to a 
franchise granted— 
(A) on or after the effective date estab-
lished by paragraph (1); or 
(B) before such date, if such franchise (in-
cluding, notwithstanding the amendment made 
by subsection (c)(2)(B), any renewal thereof) is 
in effect on such date. 
SEC. 207. COMMUNITIES OVER REGULATING NETWORKS 
NEED ECONOMIC COMPETITION TODAY. 
(a) IN GENERAL.—Except as provided in subsections 
(b)(1) and (c), a State or political subdivision thereof may 
not provide or offer for sale to the public, a telecommuni-
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cations provider, or to a commercial provider of broadband 
internet access service, retail or wholesale broadband 
internet access service. 
(b) TRANSITIONAL RULE.—Any State or political 
subdivision thereof providing or offering for sale, either 
to the public, a telecommunications provider, or to a pro-
vider of broadband internet access service, retail or whole-
sale broadband internet access service, before the date of 
the enactment of this section— 
(1) notwithstanding subsection (a), may con-
tinue to provide or offer for sale such service if the 
Commission finds there is no more than one other 
commercial provider of broadband internet access 
that provides competition for that service in a par-
ticular area; 
(2) shall notify each subscriber of the State or 
political subdivision if a commercial provider of re-
tail broadband internet access enters the market; 
and 
(3) may not construct or extend facilities used 
to deliver broadband internet access service beyond 
the geographic area in which the State or political 
subdivision thereof lawfully operates. 
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(c) EXCEPTION.—Notwithstanding subsection (a), 
this section does not apply to the Tennessee Valley Au-
thority. 
(d) RULES OF CONSTRUCTION.— 
(1) IN GENERAL.—This section may not be con-
strued to restrict a State or political subdivision 
thereof, from allowing the nondiscriminatory use of 
its rights-of-way, including access to utility poles, 
conduits, ducts, or similar support structures used 
for the deployment of facilities necessary to deliver 
broadband internet access service. 
(2) PUBLIC SAFETY.—This section may not be 
construed to restrict a State or political subdivision 
thereof, from providing broadband facilities or serv-
ices for 9–1–1, enhanced 9–1–1 service, or Next 
Generation 9–1–1. 
(e) LIMITATION OF COMMISSION AUTHORITY.—Not-
withstanding any provision of law, including section 706 
of the Communications Act of 1934 (47 U.S.C. 706), the 
Commission may not pre-empt State laws to permit a 
State or political subdivision thereof to provide or offer 
for sale to the public retail or wholesale broadband inter-
net access service. 
(f) DEFINITIONS.—In this section: 
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(1) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
ANCE.—The term ‘‘9–1–1 request for emergency as-
sistance’’ means a communication, such as voice, 
text, picture, multimedia, or any other type of data 
that is sent to an emergency communications center 
for the purpose of requesting emergency assistance. 
(2) BROADBAND INTERNET ACCESS SERVICE.— 
The term ‘‘broadband internet access service’’ has 
the meaning given that term in section 8.1(b) of title 
47, Code of Federal Regulations, or any successor 
regulation. 
(3) COMMONLY
ACCEPTED
STANDARDS.—The 
term ‘‘commonly accepted standards’’ means— 
(A) the technical standards followed by the 
communications industry for network, device, 
and Internet Protocol connectivity, including 
standards developed by the Third Generation 
Partnership Project, the Institute of Electrical 
and Electronics Engineers, the Alliance for 
Telecommunications Industry Solutions, the 
Internet Engineering Taskforce, and the Inter-
national Telecommunications Union; and 
(B) standards that are accredited by a rec-
ognized authority such as the American Na-
tional Standards Institute. 
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(4) EMERGENCY COMMUNICATIONS CENTER.— 
The term ‘‘emergency communications center’’ 
means a facility that is designated to receive a 9– 
1–1 request for emergency assistance and perform 
one or more of the following functions: 
(A) Process and analyze 9–1–1 requests 
for emergency assistance and other gathered in-
formation. 
(B) Dispatch appropriate emergency re-
sponse providers. 
(C) Transfer or exchange 9–1–1 requests 
for emergency assistance and other gathered in-
formation with other emergency communica-
tions centers and emergency response providers. 
(D) Analyze any communications received 
from emergency response providers. 
(E) Support incident command functions. 
(5) EMERGENCY
RESPONSE
PROVIDER.—The 
term ‘‘emergency response provider’’— 
(A) has the meaning given that term under 
section 2 of the Homeland Security Act (47 
U.S.C. 101); and 
(B) includes Federal, State, and local gov-
ernmental and nongovernmental emergency 
public safety, fire, law enforcement, emergency 
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100 
response, emergency medical (including hospital 
emergency facilities), and related personnel, 
agencies, and authorities. 
(6) ENHANCED 9–1–1 SERVICE.—The term ‘‘en-
hanced 9–1–1 service’’ has the meaning given that 
term in section 7(10) of the Wireless Communica-
tions and Public Safety Act of 1999 (47 U.S.C. 
615b(10)). 
(7) INTEROPERABLE.—The term ‘‘interoper-
able’’ means the capability of emergency communica-
tions centers to receive 9–1–1 requests for emer-
gency assistance and related data such as location 
information and callback numbers from the public, 
then process and share the 9–1–1 requests for emer-
gency assistance and related data with other emer-
gency communications centers and emergency re-
sponse providers, regardless of jurisdiction, equip-
ment, device, software, service provider, or other rel-
evant factors, and without the need for proprietary 
interfaces. 
(8) NEXT
GENERATION
9–1–1.—The term 
‘‘Next Generation 9–1–1’’ means an interoperable, 
secure, Internet Protocol-based system that— 
(A) employs commonly accepted standards; 
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101 
(B) enables the appropriate emergency 
communications centers to receive, process, and 
analyze all types of 9–1–1 requests for emer-
gency assistance; 
(C) acquires and integrates additional in-
formation useful to handling 9–1–1 requests for 
emergency assistance; and 
(D) supports sharing information related 
to 9–1–1 requests for emergency assistance 
among emergency communications centers and 
emergency response providers. 
(9) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Is-
lands, and any other territory or possession of the 
United States. 
(10) TELECOMMUNICATIONS
PROVIDER.—The 
term ‘‘telecommunications provider’’ means an eligi-
ble telecommunications carrier as designated under 
section 214(e)(2) of the Communications Act of 
1934 (47 U.S.C. 214(e)(2)). 
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102 
SEC. 208. STREAMLINING PERMITTING TO ENABLE EFFI-
CIENT DEPLOYMENT OF BROADBAND INFRA-
STRUCTURE. 
Title I of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 14. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-
NICATIONS FACILITIES. 
‘‘(a) FOR PERMITTING BY COMMISSION.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) or division A of sub-
title III of title 54, United States Code, the Commis-
sion shall not be required to perform, and may not 
require any entity regulated by the Commission to 
perform, any review under such Act or division as a 
condition of permitting the placement and installa-
tion of a communications facility if— 
‘‘(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— 
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103 
‘‘(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 re-
placing; 
‘‘(C) the new facility is a type of commu-
nications facility that— 
‘‘(i) 
is 
described 
in 
subsection 
(c)(2)(B); and 
‘‘(ii) meets the size limitation of a 
small antenna established by the Commis-
sion; 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 sub-
section shall be construed to affect— 
‘‘(A) the obligation of the Commission to 
evaluate radiofrequency exposure under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
‘‘(B) except as explicitly provided in this 
subsection, the obligation of any provider of a 
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104 
communications service to comply with the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) or division A of subtitle 
III of title 54, United States Code; 
‘‘(C) the authority of a State or local gov-
ernment 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 estab-
lished under section 20156(e) of title 49, 
United States Code. 
‘‘(b) FOR GRANT OF EASEMENT ON FEDERAL PROP-
ERTY.—No review shall be required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) or division A of subtitle III of title 54, United States 
Code, as a condition of granting a covered easement for 
a communications facility if a covered easement has been 
granted for another communications facility or a utility 
facility with respect to the same building or other property 
owned by the Federal Government. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ANTENNA.—The term ‘antenna’ means 
communications equipment that transmits or re-
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105 
ceives electromagnetic radio frequency signals used 
in the provision of wireless services. 
‘‘(2) COMMUNICATIONS
FACILITY.—The term 
‘communications facility’ includes— 
‘‘(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 wire-
less 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 de-
vices that do not require individual li-
censes; and 
‘‘(iii) that is added to a tower, build-
ing, support pole, or other structure. 
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106 
‘‘(3) COVERED EASEMENT.—The term ‘covered 
easement’ means an easement, right-of-way, or lease 
to, in, over, or on a building or other property owned 
by the Federal Government, excluding Tribal land 
held in trust by the Federal Government (unless the 
Tribal Government of such land requests that the 
Commission not exclude the land for purposes of 
this definition), for the right to install, construct, 
modify, or maintain a communications facility. 
‘‘(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’ 
means an upright pole or structure used or capable 
of being used to support a wireless service facility. 
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107 
‘‘(6) UTILITY FACILITY.—The term ‘utility fa-
cility’ means any privately, publicly, or cooperatively 
owned line, facility, or system for producing, trans-
mitting, or distributing power, electricity, light, heat, 
gas, oil, crude products, water, steam, waste, storm 
water not connected with highway drainage, or any 
other similar commodity, including any fire or police 
signal system or street lighting system, that directly 
or indirectly serves the public. 
‘‘(7) WIRELESS SERVICE.—The term ‘wireless 
service’ means the transmission by radio commu-
nication of voice, video, or data communications 
services, including Internet Protocol or any suc-
cessor protocol-enabled services, or any combination 
of those services, whether provided on a licensed or 
permitted unlicensed basis. 
‘‘(8) WIRELESS SERVICE FACILITY.—The term 
‘wireless service facility’ means a facility for the pro-
vision of wireless service.’’. 
SEC. 209. WIRELESS BROADBAND COMPETITION AND EFFI-
CIENT DEPLOYMENT. 
(a) NEPA EXEMPTION.—A covered project shall not 
be subject to the requirements of section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
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108 
(b) NATIONAL HISTORIC PRESERVATION ACT EX-
EMPTION.—A covered project shall not be considered an 
undertaking under section 300320 of title 54, United 
States Code. 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a project— 
(A) for— 
(i) the mounting or installation of an 
eligible personal wireless service facility 
with another eligible personal wireless serv-
ice facility that exists at the time at which 
a complete request for authorization of 
such mounting or installation is filed with 
a State or local government or instrumen-
tality thereof; or 
(ii) the modification of an eligible per-
sonal wireless service facility; and 
(B) for which a permit, license, or approval 
from the Commission is required or that is oth-
erwise subject to the jurisdiction of the Com-
mission. 
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109 
(3) ELIGIBLE
PERSONAL
WIRELESS
SERVICE 
FACILITY.—The term ‘‘eligible personal wireless 
service facility’’ means any antenna, apparatus, or 
transmitting device, and any equipment, switches, 
wiring, cabling, power sources, shelters, or cabinets, 
for the provision of a personal wireless service. 
(4) PERSONAL WIRELESS SERVICES.—The term 
‘‘personal wireless services’’— 
(A) has the meaning given such term in 
section 332(c)(7)(C) of the Communications 
Act of 1934 (47 U.S.C. 332(c)(7)(C)); and 
(B) also includes commercial mobile data 
service (as defined in section 6001 of the Mid-
dle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1401)). 
(5) STATE.—The term ‘‘State’’ means the 50 
States, the District of Columbia, the territories and 
possessions of the United States, and each federally 
recognized Indian Tribe. 
SEC. 210. BROADBAND COMPETITION AND EFFICIENT DE-
PLOYMENT. 
(a) NEPA EXEMPTION.—A covered project shall not 
be subject to the requirements of section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
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110 
(b) NATIONAL HISTORIC PRESERVATION ACT EX-
EMPTION.—A covered project shall not be considered an 
undertaking under section 300320 of title 54, United 
States Code. 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a project— 
(A) for the placement, construction, or 
modification of a telecommunications service fa-
cility in or on eligible support infrastructure; 
and 
(B) for which a permit, license, or approval 
from the Commission is required or that is oth-
erwise subject to the jurisdiction of the Com-
mission. 
(3) ELIGIBLE
SUPPORT
INFRASTRUCTURE.— 
The term ‘‘eligible support infrastructure’’ means in-
frastructure that supports or houses a facility for 
communication by wire (or is designed to and capa-
ble of supporting or housing such a facility) at the 
time when a complete request to a State or local 
government or instrumentality thereof for authoriza-
tion to place, construct, or modify a telecommuni-
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111 
cations service facility in or on the infrastructure is 
received by the government or instrumentality. 
(4) STATE.—The term ‘‘State’’ means the 50 
States, the District of Columbia, the territories and 
possessions of the United States, and each federally 
recognized Indian Tribe. 
(5) 
TELECOMMUNICATIONS
SERVICE.—The 
term ‘‘telecommunications service’’ has the meaning 
given such term in section 3 of the Communications 
Act of 1934 (47 U.S.C. 153). 
(6) TELECOMMUNICATIONS
SERVICE
FACIL-
ITY.—The term ‘‘telecommunications service facil-
ity’’ means a facility for the provision of any inter-
state or intrastate telecommunications service. 
SEC. 211. WIRELESS RESILIENCY AND FLEXIBLE INVEST-
MENT. 
(a) IN GENERAL.— Section 6409(a) of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(a)) is amended— 
(1) in paragraph (1), by striking ‘‘eligible facili-
ties request for a modification of an existing wireless 
tower or base station that does not substantially 
change the physical dimensions of such tower or 
base station’’ and inserting ‘‘complete eligible facili-
ties request for a modification of an existing wireless 
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112 
tower, base station, or eligible support structure that 
does not substantially change the physical dimen-
sions of such tower, base station, or eligible support 
structure’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) TIME FRAME.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which a State or local 
government receives a complete eligible facilities 
request described under paragraph (1), the 
State or local government shall approve such 
request. 
‘‘(B) DEEMED APPROVAL.—If a State or 
local government does not approve an eligible 
facilities request by the date required under 
subparagraph (A), the request is deemed ap-
proved on the day after such date. 
‘‘(C) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this paragraph, an eligible fa-
cilities request to a State or local gov-
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113 
ernment shall be considered complete 
if the requesting party has not re-
ceived a written notice from the State 
or local government within 10 busi-
ness days after the date on which the 
request is received by the State or 
local government— 
‘‘(aa) stating that all the in-
formation (including any form or 
other document) required by the 
State or local government to be 
submitted for the request to be 
considered complete has not been 
submitted; and 
‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the State 
or local government’ means— 
‘‘(aa) in the case of an eligi-
ble facilities request submitted 
electronically, on the date on 
which the request is transmitted; 
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114 
‘‘(bb) in the case of an eligi-
ble facilities request submitted in 
person, on the date on which the 
request is delivered to the indi-
vidual or at the location specified 
by the State or local government 
for in-person submission; and 
‘‘(cc) in the case of an eligi-
ble facilities request submitted in 
any other manner, on the date 
determined 
under 
regulations 
promulgated by the Commission 
for the manner in which the re-
quest is submitted. 
‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED RECEIVED.—For the purposes of 
this paragraph, a complete eligible facilities 
request shall be considered received on the 
date on which the requesting party submits 
to the State or local government all infor-
mation (including any form or other docu-
ment) required by the State or local gov-
ernment to be submitted for the request to 
be considered complete.’’; and 
(3) by adding at the end the following: 
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115 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE
FACILITIES
REQUEST.— 
The term ‘eligible facilities request’ means any 
request for modification of an existing wireless 
tower, base station, or eligible support structure 
that involves— 
‘‘(i) collocation of new transmission 
equipment; 
‘‘(ii) removal of transmission equip-
ment; 
‘‘(iii) replacement of transmission 
equipment; or 
‘‘(iv) placement, modification, or con-
struction of equipment that— 
‘‘(I) improves the resiliency of 
the wireless tower, base station, or eli-
gible support structure; and 
‘‘(II) provides a direct benefit to 
public safety, such as— 
‘‘(aa) 
providing 
backup 
power for the wireless tower, base 
station, or eligible support struc-
ture; 
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116 
‘‘(bb) hardening the wireless 
tower, base station, or other eligi-
ble support structure; or 
‘‘(cc) providing more reliable 
connection capability using the 
wireless tower, base station, or 
eligible support structure. 
‘‘(B) ELIGIBLE
SUPPORT
STRUCTURE.— 
The term ‘eligible support structure’ means a 
structure that supports a personal wireless serv-
ice facility at the time at which the eligible fa-
cilities request is made. 
‘‘(C) PERSONAL WIRELESS SERVICE FACIL-
ITY.—The term ‘personal wireless service facil-
ity’ means a facility necessary for the provision 
of— 
‘‘(i) commercial mobile service; 
‘‘(ii) commercial mobile data service 
(as that term is defined in section 6001 of 
the Middle Class Tax Relief and Job Cre-
ation Act of 2012 (47 U.S.C. 1401)); 
‘‘(iii) unlicensed wireless service; and 
‘‘(iv) common carrier wireless ex-
change access service.’’. 
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117 
(b) IMPLEMENTATION.—Not later than 180 days 
after the date of the enactment of this Act, the Federal 
Communications Commission shall issue final rules imple-
menting subsection (a), and the amendments made by 
such subsection. 
SEC. 212. BROADBAND RESILIENCY AND FLEXIBLE INVEST-
MENT. 
(a) IN GENERAL.—Section 6409(a) of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(a)) is amended— 
(1) in paragraph (1), by striking ‘‘any eligible 
facilities request’’ and inserting the following: ‘‘any 
complete— 
‘‘(A) eligible facilities request for a modi-
fication of an existing wireless tower, base sta-
tion, or eligible support structure that does not 
substantially change the physical dimensions of 
such tower, base station, or eligible support 
structure; and 
‘‘(B) eligible telecommunications facilities 
request for a modification of any existing tele-
communications service facility in or on an eli-
gible support infrastructure that does not sub-
stantially change the physical dimensions of 
such facility.’’; 
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118 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) TIME FRAME.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which a State or local 
government receives a complete request de-
scribed under paragraph (1), the State or local 
government shall approve such request. 
‘‘(B) DEEMED APPROVAL.—If a State or 
local government does not approve a request by 
the date required under subparagraph (A), the 
request is deemed approved on the day after 
such date. 
‘‘(C) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this paragraph, a request to 
a State or local government shall be 
considered complete if the requesting 
party has not received a written notice 
from the State or local government 
within 10 business days after the date 
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119 
on which the request is received by 
the State or local government— 
‘‘(aa) stating that all the in-
formation (including any form or 
other document) required by the 
State or local government to be 
submitted for the request to be 
considered complete has not been 
submitted; and 
‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the State 
or local government’ means— 
‘‘(aa) in the case of a re-
quest submitted electronically, on 
the date on which the request is 
transmitted; 
‘‘(bb) in the case of a re-
quest submitted in person, on the 
date on which the request is de-
livered to the individual or at the 
location specified by the State or 
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120 
local government for in-person 
submission; and 
‘‘(cc) in the case of a re-
quest submitted in any other 
manner, on the date determined 
under regulations promulgated by 
the Commission for the manner 
in which the request is sub-
mitted. 
‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED RECEIVED.—For the purposes of 
this paragraph, a complete request shall be 
considered received on the date on which 
the requesting party submits to the State 
or local government all information (in-
cluding any form or other document) re-
quired by the State or local government to 
be submitted for the request to be consid-
ered complete.’’; and 
(3) by adding at the end the following: 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE
FACILITIES
REQUEST.— 
The term ‘eligible facilities request’ means any 
request for modification of an existing wireless 
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tower, base station, or eligible support structure 
that involves— 
‘‘(i) collocation of new transmission 
equipment; 
‘‘(ii) removal of transmission equip-
ment; 
‘‘(iii) replacement of transmission 
equipment; or 
‘‘(iv) placement, modification, or con-
struction of equipment that— 
‘‘(I) improves the resiliency of 
the wireless tower, base station, or eli-
gible support structure; and 
‘‘(II) provides a direct benefit to 
public safety, such as— 
‘‘(aa) 
providing 
backup 
power for the wireless tower, base 
station, or eligible support struc-
ture; 
‘‘(bb) hardening the wireless 
tower, base station, or other eligi-
ble support structure; or 
‘‘(cc) providing more reliable 
connection capability using the 
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122 
wireless tower, base station, or 
other eligible support structure. 
‘‘(B) ELIGIBLE TELECOMMUNICATIONS FA-
CILITIES
REQUEST.—The term ‘eligible tele-
communications facilities request’ means any 
request for modification of an existing tele-
communications service facility in or on an eli-
gible support infrastructure that involves— 
‘‘(i) collocation of new telecommuni-
cations service facility equipment; 
‘‘(ii) removal of telecommunications 
service facility equipment; or 
‘‘(iii) replacement of telecommuni-
cations service facility equipment. 
‘‘(C) ELIGIBLE
SUPPORT
INFRASTRUC-
TURE.—The term ‘eligible support infrastruc-
ture’ means infrastructure that supports or 
houses a facility for communication by wire (or 
is designed to and 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 telecommuni-
cations service facility in or on the infrastruc-
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147 
(A) the Secretary of the Interior, with re-
spect to land administered by such Secretary; 
(B) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
(C) the Secretary of Commerce. 
(b) SHARING BROADBAND AVAILABILITY DATA.— 
(1) NOTIFICATION.—Not later than 2 business 
days after the creation or update of any map re-
quired under section 802(c)(1) of the Communica-
tions Act of 1934 (47 U.S.C. 642(c)(1)), the Com-
mission shall notify the Secretary concerned that the 
map has been created or updated. 
(2) PROVISION
OF
INFORMATION.—Not later 
than 5 business days after the date on which the 
Secretary concerned is notified under paragraph (1), 
the Commission shall provide the Secretary con-
cerned any data the Commission has collected pursu-
ant to title VIII of the Communications Act of 1934 
(47 U.S.C. 641 et seq.). 
(3) CONTINUATION.—The Commission shall 
provide the Secretary concerned the information de-
scribed in paragraph (2) every 6 months unless the 
Commission no longer has such information. 
(4) PROTECTION OF INFORMATION.— 
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