BROADBAND Leadership Act
Bill: H.R.1051 | Sponsor: Rep. Griffith, H. Morgan (R-VA)
Policy area: Science, Technology, Communications

Summary:
Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act or the BROADBAND Leadership Act
This bill limits the authority of, and places deadlines on, a state or local government over decisions regarding the placement, construction, and modification of telecommunications service facilities.
Specifically, the bill requires that the regulation of the placement, construction, or modification of a telecommunications service facility by any state or local government shall not unreasonably discriminate among providers of functionally equivalent services. Further, any decision to deny a placement, construction, or modification request must be in writing and supported by substantial evidence in a written record.
Additionally, a state or local government must grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility within 90 days of receipt of the request or within 150 days of receipt of a request to take any other action relating to such facility.
A state or local government is authorized to charge a reasonable, objective, cost-based fee for (1) review of a request, or (2) use of a right-of-way or a facility in a right-of-way that is owned or managed by the state or local government.

To amend the Communications Act of 1934 to streamline siting processes 
   for telecommunications service facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Barriers and Regulatory Obstacles 
Avoids Deployment of Broadband Access and Needs Deregulatory Leadership 
Act'' or the ``BROADBAND Leadership Act''.

SEC. 2. REMOVAL OF BARRIERS TO ENTRY.

    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 regulation, or 
other State or local legal requirement, may prohibit 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 Modification of 
Telecommunications Service Facilities.--
            ``(1) Prohibition on unreasonable discrimination among 
        providers of functionally equivalent services.--The regulation 
        of the placement, construction, or modification of a 
        telecommunications service facility by any State or local 
        government or instrumentality thereof shall not unreasonably 
        discriminate among providers of functionally equivalent 
        services.
            ``(2) Timeframe to grant or deny requests.--
                    ``(A) In general.--A State or local government or 
                instrumentality thereof shall grant or deny a complete 
                request for authorization to place, construct, or 
                modify a telecommunications 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, imposed by a State or local 
                government or instrumentality thereof on the 
                consideration of any request for authorization to 
                place, construct, or modify a telecommunications 
                service facility.
                    ``(D) Temporary waiver.--The Commission 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, 
                convenience, and necessity.
            ``(3) Deemed granted.--
                    ``(A) In general.--If a State or local government 
                or instrumentality thereof has neither granted nor 
                denied a complete request within the applicable 
                timeframe under paragraph (2), the request shall be 
                deemed granted on the date on which the government or 
                instrumentality 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 be considered to be authorized, 
                without any further action by the government or 
                instrumentality, beginning on the date on which such 
                request is deemed granted under such subparagraph.
            ``(4) Written decision and record.--Any decision by a State 
        or local government or instrumentality thereof to deny a 
        request to place, construct, or modify a telecommunications 
        service facility 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 government or 
                instrumentality thereof may charge a fee that meets the 
                requirements under subparagraph (B)--
                            ``(i) to consider a request for 
                        authorization to place, construct, or modify a 
                        telecommunications service facility; or
                            ``(ii) for use of a right-of-way or a 
                        facility in a right-of-way owned or managed by 
                        the government or instrumentality for the 
                        placement, construction, or modification of a 
                        telecommunications service facility.
                    ``(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 
                                        replacement of--

                                                    ``(AA) components 
                                                and materials resulting 
                                                from and affected by 
                                                the installation or 
                                                improvement of 
                                                telecommunications 
                                                service facilities; or

                                                    ``(BB) equipment 
                                                that facilitates the 
                                                installation or 
                                                improvement of such 
                                                facilities; and

                                    ``(II) using, for purposes of 
                                subclause (I), only costs that are 
                                objectively reasonable; and
                            ``(iv) described to a requesting party in a 
                        manner that distinguishes between--
                                    ``(I) nonrecurring fees and 
                                recurring fees; and
                                    ``(II) the use of facilities on 
                                which telecommunications service 
                                facilities are already located and 
                                those on which there are no 
                                telecommunications service facilities 
                                as of the date on which the complete 
                                request is received by the government 
                                or instrumentality.
    ``(c) Judicial Review.--
            ``(1) In general.--Any person adversely affected 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.
    ``(d) Preservation of State Regulatory Authority.--Nothing in this 
section shall affect the ability of a State to impose, on a 
competitively neutral and nondiscriminatory basis and consistent with 
section 254, requirements 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 Government Authority.--
Nothing in this section affects the authority of a State or local 
government or instrumentality thereof to manage the public rights-of-
way or to require fair and reasonable compensation from 
telecommunications providers, on a competitively neutral and 
nondiscriminatory basis, for use of public rights-of-way on a 
competitively neutral and nondiscriminatory basis, if the compensation 
required meets the requirements of subsection (b)(5).
    ``(f) Preemption.--
            ``(1) In general.--If, after notice and an opportunity for 
        public comment, the Commission determines that a State or local 
        government or instrumentality thereof has permitted or imposed 
        any statute, regulation, or legal requirement that violates or 
        is inconsistent with this section, the Commission shall preempt 
        the enforcement of such statute, regulation, or legal 
        requirement to the extent necessary to correct such violation 
        or inconsistency.
            ``(2) Timing.--Not later than 60 days after receiving a 
        petition for preemption of the enforcement of a statute, 
        regulation, or legal requirement as described 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 section 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 telephone company to meet the requirements in section 
214(e)(1) for designation as an eligible telecommunications carrier for 
that area before being permitted to provide such service. This 
subsection shall not apply--
            ``(1) to a service area served by a rural telephone company 
        that has obtained an exemption, suspension, or modification of 
        section 251(c)(4) that effectively prevents a competitor from 
        meeting the requirements of section 214(e)(1); and
            ``(2) to a provider of commercial mobile services.
    ``(i) When Request Considered Complete; Received.--
            ``(1) When request considered complete.--
                    ``(A) In general.--For the purposes of this 
                section, a request to a State or local government or 
                instrumentality 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--
                            ``(i) stating that all the information 
                        (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
                            ``(ii) identifying the information required 
                        to be submitted that was not submitted.
                    ``(B) Definition.--In this paragraph, the term 
                `received by the government or instrumentality' means--
                            ``(i) in the case of a request submitted 
                        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 the government or instrumentality 
                        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.
            ``(2) When complete request considered received.--For the 
        purposes of this section, a complete request shall be 
        considered received on the date on which the requesting party 
        submits to the government or instrumentality all information 
        (including any form or other document) required by the 
        government or instrumentality to be submitted for the request 
        to be considered complete.
    ``(j) Definitions.--In this section:
            ``(1) Eligible support infrastructure.--The term `eligible 
        support infrastructure' 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 telecommunications service facility in or on the 
        infrastructure is received by the government or 
        instrumentality.
            ``(2) Telecommunications service facility.--The term 
        `telecommunications service facility' means a facility for the 
        provision of any interstate or intrastate telecommunications 
        service.''.
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