119-hr278

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 278

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 9, 2025

 Mr. Griffith introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

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 the 
provision of any interstate or intrastate telecommunications service.
 ``

    (b) Placement, Construction, or Modification of 
Telecommunications Service Facilities.--
 ``

    (1) Prohibition on discrimination.--The regulation of the 
 placement, construction, or modification of a 
 telecommunications service facility by a State or local 
 government or instrumentality thereof may not discriminate--
 ``
        (A) among telecommunications service facilities--
 ``
            (i) based on the technology used to 
 provide services; or
 ``
            (ii) based on the services provided; or
 ``
        (B) against telecommunications service 
 facilities, as compared to the regulation of the 
 placement, construction, or modification of other 
 facilities.
 ``

    (2) Timeframe to grant or deny requests.--
 ``
        (A) In general.--A State or local government or 
 instrumentality thereof shall grant or deny a 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 request is 
 submitted by the requesting party to the 
 government or instrumentality; or
 ``
            (ii) for any other action relating to 
 such facility, 150 days after the date on which 
 the request is submitted by the requesting 
 party to the government or instrumentality.
 ``
        (B) Applicability.--The applicable timeframe 
 under subparagraph
        (A) shall apply collectively to all 
 proceedings, including permits and authorizations, 
 required by a State or local government or 
 instrumentality thereof for the approval of the 
 request.
 ``
            (C) No moritoria.--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 
 submission, acceptance, or consideration of requests 
 for authorization to place, construct, or modify a 
 telecommunications service facility.
 ``
            (D) Tolling due to incompleteness.--
 ``
            (i) Initial request incomplete.--If, not 
 later than 30 days after the date on which a 
 requesting party submits to a State or local 
 government or instrumentality thereof a request 
 for authorization to place, construct, or 
 modify a telecommunications service facility, 
 the government or instrumentality provides to 
 the requesting party a written notice described 
 in clause
            (iii) with respect to the request, 
 the timeframe described in subparagraph
        (A) is 
 tolled with respect to the request until the 
 date on which the requesting party submits to 
 the government or instrumentality a 
 supplemental submission in response to the 
 notice.
 ``
            (ii) Supplemental submission 
 incomplete.--If, not later than 10 days after 
 the date on which a requesting party submits to 
 a State or local government or instrumentality 
 thereof a supplemental submission in response 
 to a written notice described in clause
            (iii) , 
 the government or instrumentality provides to 
 the requesting party a written notice described 
 in clause
            (iii) with respect to the 
 supplemental submission, the timeframe under 
 subparagraph
        (A) is further tolled until the 
 date on which the requesting party submits to 
 the government or instrumentality a subsequent 
 supplemental submission in response to the 
 notice.
 ``
            (iii) Written notice described.--The 
 written notice described in this clause is, 
 with respect to a request described in 
 subparagraph
        (A) or a supplemental submission 
 described in clause
            (i) or
            (ii) submitted to a 
 State or local government or instrumentality 
 thereof by a requesting party, a written notice 
 from the government or instrumentality to the 
 requesting party--
 ``
            (I) stating that all of 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;
 ``
            (II) identifying the information 
 described in subclause
            (I) that was not 
 submitted; and
 ``
            (III) including a citation to a 
 specific provision of a publicly 
 available rule, regulation, or standard 
 issued by the government or 
 instrumentality requiring that such 
 information be submitted with such a 
 request.
 ``
            (iv) Limitation on subsequent written 
 notice.--If a written notice provided by a 
 State or local government or instrumentality 
 thereof to a requesting party under clause
            (ii) with respect to a supplemental submission 
 identifies as not having been submitted any 
 information that was not identified as not 
 having been submitted in the prior written 
 notice under this subparagraph in response to 
 which the supplemental submission was 
 submitted, the subsequent written notice shall 
 be treated as not having been provided to the 
 requesting party.
 ``
        (E) Tolling by mutual agreement.--The timeframe 
 under subparagraph
        (A) may be tolled by mutual 
 agreement between the State or local government or 
 instrumentality thereof and the requesting party.
 ``

    (3) Deemed granted.--
 ``
        (A) In general.--If a State or local government 
 or instrumentality thereof has neither granted nor 
 denied a 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 to grant or 
 deny 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.--A 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;
 ``
        (B) supported by substantial evidence contained 
 in a written record; and
 ``
            (C) publicly released, and provided to the 
 requesting party, on the same day such decision is 
 made.
 ``

    (5) Fees.--
 ``
        (A) In general.--To the extent permitted by 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) established in advance and publicly 
 disclosed;
 ``
            (iii) calculated--
 ``
            (I) based on actual and direct 
 costs for--
 ``

    (aa) review and 
 processing of requests; and
 ``

    (bb) repairs and 
 replacement of--

 ``

    (AA) components 
 and materials directly 
 resulting from and 
 affected by the 
 placement, 
 construction, or 
 modification (including 
 the installation or 
 improvement) of 
 telecommunications 
 service facilities; or

 ``

    (BB) equipment 
 that facilitates the 
 placement, 
 construction, or 
 modification (including 
 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 or infrastructure for 
 compatible uses are already located and 
 facilities on which there are no 
 telecommunications service facilities 
 or infrastructure for compatible uses 
 as of the date on which the request is 
 submitted by the requesting party to 
 the government or instrumentality.
 ``
            (c) Judicial Review.--
 ``

    (1) In general.--A person adversely affected by a State 
 or local statute, regulation, or other legal requirement, or by 
 a final action or failure to act by a State or local government 
 or instrumentality thereof, that is inconsistent with this 
 section may commence an action in any court of competent 
 jurisdiction.
 ``

    (2) Timing.--
 ``
        (A) Expedited basis.--A court shall hear and 
 decide an action commenced under paragraph

    (1) on an 
 expedited basis.
 ``
        (B) Final action or failure to act.--An action 
 may only be commenced under paragraph

    (1) on the basis 
 of a final action or failure to act by a State or local 
 government or instrumentality thereof, if commenced not 
 later than 30 days after such action or failure to act.
 ``
            (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, on a competitively 
neutral and nondiscriminatory basis, the public rights-of-way or to 
require, on a competitively neutral and nondiscriminatory basis, fair 
and reasonable compensation from telecommunications providers for use 
of public rights-of-way, 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 
 a 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 120 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; Cable Operators.--
Nothing in this section shall affect the application of 

section 332
            (c) (3) to commercial mobile service providers or 

section 621 to 
cable operators.
 ``

    (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 Submitted.--For the purposes of this 
section, a request to a State or local government or instrumentality 
thereof shall be considered submitted on the date on which the 
requesting party takes the first procedural step within the control of 
the requesting party--
 ``

    (1) to submit such request in accordance with the 
 procedures established by the government or instrumentality for 
 the review and approval of such a request; or
 ``

    (2) in the case of a government or instrumentality that 
 has not established specific procedures for the review and 
 approval of such a request, to submit to the government or 
 instrumentality the type of filing that is typically required 
 to initiate a standard review for a similar facility or 
 structure.
 ``

    (j) 

=== Definitions. ===
-In this section:
 ``

    (1) Eligible support infrastructure.--The term `eligible 
 support infrastructure' means infrastructure that supports or 
 houses a telecommunications service facility (or that is 
 designed for or capable of supporting or housing such a 
 facility) at the time when a 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 submitted by the 
 requesting party to the government or instrumentality.
 ``

    (2) Telecommunications service facility.--The term 
 `telecommunications service facility'--
 ``
        (A) means a facility that is designed or used to 
 provide or facilitate the provision of any interstate 
 or intrastate telecommunications service; and
 ``
        (B) includes a facility described in subparagraph
        (A) that is used to provide other services.''.
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