I 
117TH CONGRESS 
1ST SESSION H. R. 1069 
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2021 
Mr. PENCE introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Natural 
Resources, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
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 facil-
ity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Streamlining Permit-
ting to Enable Efficient Deployment of Broadband Infra-
structure Act of 2021’’. 
SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMU-
NICATIONS FACILITIES. 
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 
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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 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-
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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 
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 
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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-
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 
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