H.R. 3557 — what changed

Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) is amended by striking paragraph (7) and inserting the following:

“(7) Preservation of local zoning authority

“(A) General authority—Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, or modification of personal wireless service facilities.

“(B) Limitations

“(i) In general—The regulation of the placement, construction, or modification of a personal wireless service facility by any State or local government or instrumentality thereof—

“(I) shall not discriminate among personal wireless service facilities or providers of communications service, including by providing exclusive or preferential use of facilities to a particular provider or class of providers of personal wireless service; and

“(II) shall not prohibit or have the effect of prohibiting the provision, improvement, or enhancement of personal wireless service.

“(ii) Engineering standards; aesthetic requirements—It is not a violation of clause (i) for a State or local government or instrumentality thereof to establish for personal wireless service facilities, or structures that support such facilities, objective, reasonable, and nondiscriminatory—

“(I) structural engineering standards based on generally applicable codes;

“(II) safety requirements (subject to clause (vi)); or

“(III) aesthetic or concealment requirements (unless such requirements prohibit or have the effect of prohibiting the installation or modification of such facilities or structures).

“(iii) Timeframes

“(I) In general—A State or local government or instrumentality thereof shall grant or deny a request for authorization to place, construct, or modify a personal wireless service facility not later than—

“(aa) in the case of a request for authorization to place, construct, or modify a personal wireless service facility that is not a small personal wireless service facility—

“(AA) if the request is for authorization to place, construct, or modify such facility using an existing structure, including with respect to an area that has not previously been zoned for personal wireless service facilities (other than small personal wireless service facilities), 90 days after the date on which the request is submitted by the requesting party to the government or instrumentality; or

“(BB) if the request is 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; and

“(bb) in the case of a request for authorization to place, construct, or modify a small personal wireless service facility—

“(AA) if the request is for authorization to place, construct, or modify such facility using an existing structure, including with respect to an area that has not previously been zoned for personal wireless service facilities, 60 days after the date on which the request is submitted by the requesting party to the government or instrumentality; or

“(BB) if the request is for any other action relating to such facility, 90 days after the date on which the request is submitted by the requesting party to the government or instrumentality.

“(II) Treatment of batched requests—In the case of requests described in subclause (I) that are submitted as part of a single batch by the requesting party to the government or instrumentality on the same day, the applicable timeframe under such subclause for each request in the batch shall be the longest timeframe under such subclause that would be applicable to any request in the batch if such requests were submitted separately.

“(III) Applicability—The applicable timeframe under subclause (I) shall apply collectively to all proceedings required by a State or local government or instrumentality thereof for the approval of the request.

“(IV) No moritoria—A timeframe under subclause (I) 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 any request for authorization to place, construct, or modify a personal wireless service facility.

“(V) Tolling due to incompleteness

“(aa) Initial request incomplete

“(AA) Small personal wireless service facilities—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 request for authorization to place, construct, or modify a small personal wireless service facility, the government or instrumentality provides to the requesting party a written notice described in item (cc) with respect to the request, the timeframe described in subclause (I) is tolled with respect to the request and shall restart at zero on the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice.

“(BB) Other personal wireless service facilities—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 personal wireless service facility that is not a small personal wireless service facility, the government or instrumentality provides to the requesting party a written notice described in item (cc) with respect to the request, the timeframe described in subclause (I) 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.

“(bb) 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 item (cc), the government or instrumentality provides to the requesting party a written notice described in item (cc) with respect to the supplemental submission, the timeframe under subclause (I) 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.

“(cc) Written notice described—The written notice described in this item is, with respect to a request described in subclause (I) or a supplemental submission described in item (aa) or (bb) 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—

“(AA) 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;

“(BB) identifying the information described in subitem (AA) that was not submitted; and

“(CC) 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.

“(dd) Limitation on subsequent written notice—If a written notice provided by a State or local government or instrumentality thereof to a requesting party under item (bb) 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 subclause 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.

“(VI) Tolling by mutual agreement—The timeframe under subclause (I) may be tolled by mutual agreement between the State or local government or instrumentality thereof and the requesting party.

“(iv) Deemed granted

“(I) In general—If a State or local government or instrumentality thereof fails to take final action to grant or deny a request within the applicable timeframe under subclause (I) of clause (iii), 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.

“(II) Rule of construction—In the case of a request that is deemed granted under subclause (I), the placement, construction, or modification requested in the request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which the request is deemed granted under such subclause.

“(v) Written decision and record—Any decision by a State or local government or instrumentality thereof to deny a request for authorization to place, construct, or modify a personal wireless service facility shall be—

“(I) in writing;

“(II) supported by substantial evidence contained in a written record; and

“(III) publicly released, and provided to the requesting party, on the same day such decision is made.

“(vi) Environmental effects of radio frequency emissions—No State or local government or instrumentality thereof may regulate the operation, placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities or structures comply with the Commission’s regulations concerning such emissions.

“(vii) Fees—To the extent permitted by law, a State or local government or instrumentality thereof may charge a fee to consider a request for authorization to place, construct, or modify a personal wireless service facility or a fee 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 personal wireless service facility, if the fee is—

“(I) competitively neutral, technology neutral, and nondiscriminatory;

“(II) established in advance and publicly disclosed;

“(III) calculated—

“(aa) based on actual and direct costs for—

“(AA) review and processing of requests; and

“(BB) repairs and replacement of components and materials directly resulting from and affected by the placement, construction, or modification (including the installation or improvement) of personal wireless service facilities or repairs and replacement of equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such facilities; and

“(bb) using, for purposes of item (aa), only costs that are objectively reasonable; and

“(IV) described to a requesting party in a manner that distinguishes between—

“(aa) nonrecurring fees and recurring fees; and

“(bb) the use of facilities on which personal wireless service facilities are already located and facilities on which there are no personal wireless service facilities as of the date on which the request is submitted by the requesting party to the government or instrumentality.

“(C) Judicial or administrative review

“(i) Judicial review—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, 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 Commission to review such action or failure to act.

“(II) Timing—Not later than 120 days after receiving a petition under subclause (I), the Commission shall grant or deny such petition.

“(D) When request considered submitted—For the purposes of this paragraph, 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—

“(i) 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

“(ii) 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.

“(E) Rule of construction—Nothing in this paragraph may be construed to affect section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(a)).

“(F) Definitions—In this paragraph:

“(i) Antenna—The term antenna means an apparatus designed for the purpose 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 communications service.

“(iii) Communications service—The term communications service means each of—

“(I) cable service, as defined in section 602;

“(II) information service;

“(III) telecommunications service; and

“(IV) personal wireless service.

“(iv) Generally applicable code—The term generally applicable code means a uniform building, fire, electrical, plumbing, or mechanical code adopted by a national code organization, or a local amendment to such a code, to the extent not inconsistent with this Act.

“(v) Network interface device—The term network interface device means a telecommunications demarcation device and cross-connect point that—

“(I) is adjacent or proximate to—

“(aa) a small personal wireless service facility; or

“(bb) a structure supporting a small personal wireless service facility; and

“(II) demarcates the boundary with any wireline backhaul facility.

“(vi) Personal wireless service—The term personal wireless service means any fixed or mobile service (other than a broadcasting service) provided via licensed or unlicensed frequencies, including—

“(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.

“(vii) Personal wireless service facility—The term personal wireless service facility means a facility used to provide or support the provision of personal wireless service.

“(viii) Small personal wireless service facility—The term small personal wireless service facility means a personal wireless service facility in which each antenna is not more than 3 cubic feet in volume (excluding a wireline backhaul facility connected to such personal wireless service facility).

“(ix) Unlicensed wireless service—The term unlicensed wireless service—

changed “(I) means the offering of telecommunications service or information service using a duly authorized device that does not require an individual license; and

“(II) does not include the provision of direct-to-home satellite services, as defined in section 303(v).

“(x) Wireline backhaul facility—The term wireline backhaul facility means an above-ground or underground wireline facility used to transport communications service or other electronic communications from a small personal wireless service facility or the adjacent network interface device of such facility to a communications network.”

Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is amended to read as follows:

“253. Removal of barriers to entry

changed “(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 provide, improve, 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.

added “(6) Transportation crossings

added “(A) In general—An authorization by a State or local government or instrumentality thereof to place, construct, or modify a telecommunications service facility in a right-of-way owned or managed by the government or instrumentality shall be treated, without further action, as sufficient authority to place, construct, or modify such facility (as the case may be) above or under a transportation crossing that intersects such right-of-way.

added “(B) Regulations—Not later than 1 year after the date of the enactment of this paragraph, the Commission, in coordination with the Secretary of Transportation, shall promulgate regulations to implement subparagraph (A) in a manner that—

added “(i) ensures safety;

added “(ii) prevents interference with transportation crossings and related transportation operations;

added “(iii) allows for the timely and efficient placement, construction, and modification of telecommunications service facilities; and

added “(iv) establishes requirements and standards for just and reasonable compensation to private owners of transportation crossings affected by such subparagraph, including compensation for costs related to the deployment of such facilities.

added “(C) Applicability—Subparagraph (A) shall apply to authorizations granted on and after the date on which regulations are promulgated under subparagraph (B).

“(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.

added “(e) Preservation of State and local government authority—Except as explicitly set forth in this section, 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).

removed “(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.”

“(A) any eligible facilities request for a modification of an existing wireless tower, base station, or eligible support structure that does not substantially change the physical dimensions of such wireless tower, base station, or eligible support structure; and

“(B) any eligible telecommunications facilities request for a modification of an existing telecommunications service facility in or on eligible support infrastructure that does not substantially change the physical dimensions of such facility.”

“(2) Timeframe

changed “(A) Deemed approval—If a State or local government or instrumentality thereof does not, before or on the date that is 60 days after the date on which a requesting party submits to the government or instrumentality a request as an eligible facilities request or an eligible telecommunications facilities request (as the case may be), approve the request or make the determination and provide the written notice described in subparagraph (B) with respect to the request, the request is deemed approved on the day after the date that is 60 days after the date on which the requesting party submits the request.approval

added “(i) In general—If a State or local government or instrumentality thereof does not, before or on the date that is 60 days after the date on which a requesting party submits to the government or instrumentality a request as an eligible facilities request or an eligible telecommunications facilities request (as the case may be), approve the request or make the determination and provide the written notice described in subparagraph (B) with respect to the request, the request is deemed approved on the day after the date that is 60 days after the date on which the requesting party submits the request.

added “(ii) Rule of construction—In the case of a request that is deemed approved under clause (i), the modification requested in the request shall be authorized, without any further action by the government or instrumentality, beginning on the date on which the request is deemed approved under such clause.

“(B) Determination request is not an eligible request

added “(i) Determination described—The determination described in this subparagraph is a determination by a State or local government or instrumentality thereof that a request described in subparagraph (A)(i) is not an eligible facilities request or an eligible telecommunications facilities request (as the case may be).

removed “(i) Determination described—The determination described in this subparagraph is a determination by a State or local government or instrumentality thereof that a request described in subparagraph (A) is not an eligible facilities request or an eligible telecommunications facilities request (as the case may be).

“(ii) Written notice described—The written notice described in this subparagraph is a written notice of the determination described in clause (i) provided by the government or instrumentality to the requesting party that clearly describes the reasons why the request is not an eligible facilities request or an eligible telecommunications facilities request (as the case may be) and includes a citation to a specific provision of this subsection or the regulations promulgated under this subsection relied upon for the determination.

“(C) Tolling due to incompleteness

removed “(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 described in subparagraph (A), the government or instrumentality provides to the requesting party a written notice described in clause (iii) with respect to the request, the 60-day timeframe under subparagraph (A) is tolled until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice.

removed “(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 60-day 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.

changed “(iii) Written notice described—The written notice described in this clause is, with respect to a “(i) Initial request described in subparagraph (A) or incomplete—If, not later than 30 days after the date on which a supplemental submission described in clause (i) or (ii) submitted requesting party submits to a State or local government or instrumentality thereof by a request described in subparagraph (A)(i), the government or instrumentality provides to the requesting party, party a written notice from described in clause (iii) with respect to the request, the 60-day timeframe under subparagraph (A)(i) is tolled until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the requesting party—notice.

added “(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 60-day timeframe under subparagraph (A)(i) 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.

added “(iii) Written notice described—The written notice described in this clause is, with respect to a request described in subparagraph (A)(i) 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

added “(I) Initial written notice—If a written notice provided by a State or local government or instrumentality thereof to a requesting party under clause (i) with respect to a request described in subparagraph (A)(i) identifies as not having been submitted any information that the government or instrumentality is prohibited by paragraph (5) from requiring to be submitted, such notice shall be treated as not having been provided to the requesting party.

removed “(I) Initial written notice—If a written notice provided by a State or local government or instrumentality thereof to a requesting party under clause (i) with respect to a request described in subparagraph (A) identifies as not having been submitted any information that the government or instrumentality is prohibited by paragraph (5) from requiring to be submitted, such notice shall be treated as not having been provided to the requesting party.

“(II) 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.

added “(D) Tolling by mutual agreement—The 60-day timeframe under subparagraph (A)(i) may be tolled by mutual agreement between the State or local government or instrumentality thereof and the requesting party.”

removed “(D) Tolling by mutual agreement—The 60-day timeframe under subparagraph (A) may be tolled by mutual agreement between the State or local government or instrumentality thereof and the requesting party.”

“(4) When request considered submitted

changed “(A) In general—For the purposes of this subsection, a request described in paragraph (2)(A) (2)(A)(i) shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party—

“(i) 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

“(ii) 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.

“(B) No pre-application requirements—A State or local government or instrumentality thereof may not require a requesting party to undertake any process, meeting, or other step prior to or as a prerequisite to a request being considered submitted.

“(5) Limitation on required documentation—A State or local government or instrumentality thereof may require a requesting party submitting a request as an eligible facilities request or an eligible telecommunications facilities request to submit information (including a form or other document) with such request only to the extent that such information is reasonably related to determining whether such request is an eligible facilities request or an eligible telecommunications facilities request (as the case may be) and is identified in a publicly available rule, regulation, or standard issued by the government or instrumentality requiring that such information be submitted with such a request. A State or local government or instrumentality thereof may not require a requesting party to submit any other documentation or information with such a request.

“(6) Enforcement

“(A) In general—A requesting party may bring an action in any district court of the United States to enforce the provisions of this subsection.

“(B) Expedited review—A district court of the United States shall consider an action under subparagraph (A) on an expedited basis.

“(7) Definitions—In this subsection:

“(A) Eligible facilities request—The term eligible facilities request means any request for a modification of an existing wireless tower, base station, or eligible support structure that does not substantially change the physical dimensions of such wireless tower, base station, or eligible support structure and that involves—

“(i) collocation of new transmission equipment;

“(ii) removal of transmission equipment;

“(iii) replacement of transmission equipment; or

“(iv) placement, construction, or modification of equipment that—

“(I) improves the resiliency of the wireless tower, base station, or eligible 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 structure;

“(bb) hardening the wireless tower, base station, or eligible support structure; or

“(cc) providing more reliable connection capability using the wireless tower, base station, or eligible support structure.

“(B) Eligible support infrastructure—The term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility at the time when an eligible telecommunications facilities request for a modification of such facility is submitted to a State or local government or instrumentality thereof.

“(C) Eligible support structure—The term eligible support structure means a structure that, at the time when an eligible facilities request for a modification of such structure is submitted to a State or local government or instrumentality thereof, supports or could support transmission equipment.

“(D) Eligible telecommunications facilities request—The term eligible telecommunications facilities request means any request for a modification of an existing telecommunications service facility in or on eligible support infrastructure that does not substantially change the physical dimensions of such facility and that involves—

“(i) collocation of new telecommunications service facility equipment;

“(ii) removal of telecommunications service facility equipment; or

“(iii) replacement of telecommunications service facility equipment.

“(E) Telecommunications service facility—The term telecommunications service facility—

“(i) means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and

“(ii) includes a facility described in clause (i) that is used to provide other services.

“(F) Transmission equipment—The term transmission equipment has the meaning given such term in section 1.6100(b)(8) of title 47, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph).”

“625. Elimination or modification of requirement 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 franchise by submitting to the franchising authority a request for the elimination or modification of such requirement.

“(b) Elimination or modification of requirement in franchise

“(1) Requirement—The franchising authority shall eliminate or modify a requirement in accordance with a request submitted under subsection (a) not later than 120 days after the cable operator submits the request to the franchising authority if the cable operator demonstrates in the request—

“(A) good cause for the elimination or modification of the requirement, including the need to eliminate or modify the requirement—

“(i) to conform to an applicable Federal or State law;

“(ii) to address changes in technology; or

“(iii) in the case of a requirement applicable to the cable operator, due to commercial impracticability; and

“(B) that the mix, quality, and level of cable services required by the franchise at the time the franchise was granted will be maintained notwithstanding the elimination or modification of the requirement;

“(2) Definition—In this subsection, the term commercial impracticability means that it is commercially impracticable for the operator to comply with the requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based.

“(c) Deemed elimination or modification—Except in the case of a request for the elimination or modification of a requirement for services relating to public, educational, or governmental access, if the franchising authority fails to approve or deny the 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 requirement in a franchise under subsection (a) has been denied by a final decision of a franchising authority may seek judicial review of the decision pursuant to the provisions of section 635.

“(2) Grant of request—In the case of any proposed elimination or modification of a requirement in a franchise under subsection (a), the court shall grant such elimination or modification only if the cable operator demonstrates to the court that the standards in subsection (b) have been met.

“(e) When request considered submitted—For the purposes of this section, a request to a franchising authority 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 franchising authority for the review and approval of such a request; or

“(2) in the case of a franchising authority that has not established specific procedures for the review and approval of such a request, to submit to the franchising authority the type of filing that is typically required to initiate a standard review for a request related to a franchise.”

“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

“(1) Prohibition against revocation; termination—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 revokes or terminates such franchise on a specific date, after a period of time, or upon the occurrence of an event.

“(2) When termination or revocation of franchise permitted

“(A) Termination by cable operator

“(i) In general—A cable operator may terminate a franchise by submitting to the franchising authority a written request for the franchising authority to revoke such franchise.

“(ii) Time of revocation—If the cable operator submits a written request under clause (i), the franchising authority shall revoke the franchise on the date that is 90 days after the request is submitted to the franchising authority.

“(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 authority—A franchising authority may revoke a franchise if the franchising authority—

“(i) finds that the cable operator has knowingly and willfully failed to substantially meet a material requirement imposed by the franchise;

“(ii) provides the cable operator a reasonable opportunity to cure such failure, after which the cable operator fails to cure such failure; and

“(iii) does not waive the material requirement or acquiesce with the failure to substantially meet such requirement.

“(c) Review of revocation of franchise by franchising authority

“(1) Administrative or judicial review—With respect to a determination by a franchising authority to revoke a franchise under subsection (b)(2)(B), a cable operator may—

“(A) petition the Commission for review of such determination; or

“(B) seek judicial review of such determination pursuant to the provisions of section 635.

“(2) Commission review—With respect to a petition for the review of a determination brought under paragraph (1)(A), the Commission shall—

“(A) review the determination de novo; and

“(B) invalidate the determination if, based on the evidence presented during the review, the Commission determines that the franchising authority has not demonstrated by a preponderance of the evidence that the franchising authority revoked the franchise in accordance with subsection (b)(2)(B).

“(3) Stay of determination to revoke franchise—A revocation of a franchise under subsection (b)(2)(B) may be stayed—

“(A) in the case the cable operator petitions the Commission for review of the determination on which such revocation is based, by the Commission; and

“(B) in the case the cable operator seeks judicial review of the determination on which such revocation is based, by the court in which the cable operator seeks judicial review of the determination.”

changed Section 60102(e) 60102(e)(4) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1702(e)) 1702(e)(4)) is amended by adding at the end the following:

changed “(5) Streamlining “(F) Certification regarding streamlining of certain fees relating to broadband infrastructure required—After the date of the enactment of this paragraph, the Assistant Secretary may not make available to an infrastructure—An eligible entity grant funds that submits a final proposal under this section (except for grant funds under paragraph (1)(C)) if shall certify in such final proposal that any fee charged by the eligible entity, or any political subdivision of the eligible entity, charges a fee to consider a request for authorization to place, construct, or modify modify, using (in whole or in part) grant funds received under this paragraph, infrastructure for the provision of broadband service, or a and any fee for use of a right-of-way or infrastructure in a right-of-way owned or managed by the entity or political subdivision for the placement, construction, or modification modification, using (in whole or in part) grant funds received under this paragraph, of infrastructure for the provision of broadband service, unless such fee is—will be—

changed “(A) “(i) competitively neutral, technology neutral, and nondiscriminatory;

changed “(B) “(ii) established in advance and publicly disclosed;

changed “(C) “(iii) calculated—

changed “(i) “(I) based on actual and direct costs, such as costs for—

changed “(I) “(aa) review and processing of requests; and

changed “(II) “(bb) repairs and replacement of—

changed “(aa) “(AA) components and materials directly resulting from and affected by the placement, construction, or modification (including the installation or improvement) of infrastructure for the provision of broadband service; or

changed “(bb) “(BB) equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such infrastructure; and

changed “(ii) “(II) using, for purposes of clause (i), subclause (I), only costs that are objectively reasonable; and

changed “(D) “(iv) described to a requesting party in a manner that distinguishes between—

changed “(i) “(I) nonrecurring fees and recurring fees; and

changed “(ii) “(II) the use of infrastructure on which infrastructure for the provision of broadband service is already located and infrastructure on which there is no infrastructure for the provision of broadband service as of the date on which the request is submitted to the eligible entity or political subdivision.”