I 
115TH CONGRESS 
2D SESSION 
H. R. 4842 
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 
JANUARY 18, 2018 
Mr. SHIMKUS introduced the following bill; which was referred to the Com-
mittee 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 jurisdiction 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 2018’’. 
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. 13. 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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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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‘‘(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. 
‘‘(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 
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‘‘(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. 
‘‘(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. 
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‘‘(8) WIRELESS SERVICE FACILITY.—The term 
‘wireless service facility’ means a facility for the pro-
vision of wireless service.’’. 
Æ 
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