2017 SPEED Act, S.1988

S.1988: Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017, the "SPEED Act".

Current Bill Text: https://www.congress.gov/bill/115th-congress/senate-bill/1988/text
Current Bill History: https://www.congress.gov/bill/115th-congress/senate-bill/1988/all-actions

Emphases, emphases and [comments], below, by Scientists For Wired Technology (‘S4WT’)

Bill Summary: S.1988

This bill states the following:

Defines “wireless service” as “the transmission by radio communication of voice, video, or data communications services”
Defines “communications facility installation” “as infrastructure and antennas “added to a tower, building, support pole, or other structure”
Allows the FCC to define the size of a “small Wireless facility”.
Exempts from NEPA review “permitting the placement and installation of a small wireless facility” in public rights of way or on public buildings.
Allows utility poles and other structures to expand to "50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher.&quot

Scientists For Wired Technology Bill Analysis: S.1988

S.1988 is the Federal equivalent of the recently vetoed SB.649 and similar state Bills written by lawyers and lobbyists from the American Legislative Exchange Council (ALEC, funded by the Koch Brothers), and by the Cellular Telecommunications and Internet Association (CTIA). Bills like this appeared in 20+ states all over the country, at the same time earlier in 2017. The words are almost identical in the Bills in Illinois, Texas, Minnesota, North Carolina and many other states. Cities in Ohio and Texas have already sued their states over their unconstitutional equivalents of SB.649. Ohio has already vacated its bill because it was unconstitutional. California Governor Jerry Brown vetoed SB.649 on 10/15/17 . . . four days later, S.1988 emerges.

This is the Wireless industry’s attempts to use the Federal Government to shove these unconstitutional actions down the throats of local communities, leaving much of the "dirty work" to the FCC to define what is "substantial" and "reasonable" — which means to the benefits of AT&T, Verizon, Crown Castle et. al.

Oppose the following in S.1988:

Oppose the need for Bill at all and its stealing of public rights of way for Wireless deployments which are much slower, much less energy-efficient, much less secure, much less dependable in a disaster than Wireline fiber-optic deployments: Fiber to the Premises (‘FTTP’).
Oppose the industry-captured FCC being able to continue to "evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)". Such authority is not justified as the FCC has no health expertise.
Oppose the height of the proposed poles: "50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher". Current utility poles are between 20-24 feet high.
Oppose the ridiculously-short time frame for the FCC’s Broadband Deployment Advisory Committee (‘BDAC’) reports to the "appropriate Senate and House Committees": 60 days and 120 days. Guess what folks . . . these reports have already been written by ALEC, the CTIA, AT&T and Verizon. This is just democracy theater. We need substantial public input into whether or not S.1988 should pass at all in its current form. We will also need significant amendments to this Bill to protect our constitutional rights to privacy, health and safety.

S.1988 Bill Text

115th CONGRESS, 1st Session

To streamline broadband infrastructure permitting on established public rights-of-way, and for other purposes.

IN THE SENATE OF THE UNITED STATES
October 19, 2017
Mr. Wicker (for himself and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL
To streamline broadband infrastructure permitting on established public rights-of-way, 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 “Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017” or the “SPEED Act”.

SEC. 2. DEFINITIONS.

In this Act—

(1) the term “antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;

(2) the term “appropriate committees of Congress” means—

(A) the Committee on Commerce, Science, and Transportation of the Senate;

(B) the Committee on Energy and Natural Resources of the Senate;

(D) the Committee on Natural Resources of the House of Representatives;

(3) the term “Commission” means the Federal Communications Commission;

(4) the term “communications facility installation” 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 wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and

(B) any antenna or apparatus that—

(i) is designed for the purpose of emitting or receiving radio frequency;

(ii)

(I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or

(II) is using duly authorized devices that do not require individual licenses; and

(iii) is added to a tower, building, support pole, or other structure;

(5) 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 installation;

(6) 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

(B) does not include a Federal interstate highway;

(7) the term “small wireless facility” means a wireless service facility that meets the size limitation, and any other applicable requirement, established by the Commission;

(8) the term “Streamlining Federal Siting Working Group” or “Working Group” means the Streamlining Federal Siting Working Group of the Broadband Deployment Advisory Committee;

[S4WT Comment: Go here to see the list of the FCC’s Broadband Deployment Advisory Committee (‘BDAC’), which includes San Jose Mayor, Sam Liccardo]

(9) the term “support pole” means an upright pole or structure used or capable of being used to support a wireless service facility;

(10) the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, 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;

(11) the term “wireless service” means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis; and

(12) the term “wireless service facility” means a facility for the provision of wireless service.

SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITY INSTALLATIONS.

No review shall be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, as a condition of granting a covered easement for a communications facility installation if a covered easement has been granted for another communications facility installation or a utility facility with respect to the same building or other property owned by the Federal Government.

SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS FACILITIES.

(a) Exclusion Of Small Cells From Review. —
Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, and may not require any entity regulated by the Commission to perform, any review under that Act or division as a condition of permitting the placement and installation of a small wireless facility if the new small wireless facility—

(1)

(A) will be located within a public right-of-way; and

(B) is not higher than, or not substantially higher than (as that term is defined by the Commission), any existing structure in the public right of way; or

(2) is—

(A) a replacement for an existing small wireless facility; and

(B) the same as, or substantially similar to (as that term is defined by the Commission), the small wireless facility that the new small wireless facility is replacing.

(b) Exclusion Of Wireless Service Facilities In Public Rights-Of-Way From Review. —
Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, no Federal, State, or local authority shall be required to perform, and no Federal, State, or local authority may require any entity to perform, any review under that Act or division as a condition of permitting the placement and installation of a wireless service facility if —

(1)

(A) the wireless service facility will be located in an existing public right-of-way; and

(B) any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and

(2) the antenna tower or support pole—

(A) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; and

(B) does not have guy wires.

(c) Savings Clause. —
Nothing in this section shall be construed to affect—

(1) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(2) except as explicitly provided in this section, the obligation of any provider of wireless service to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code; or

(3) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this section and sections 253, 332(c)(7), and 621 of the Communications Act of 1934 (47 U.S.C. 253, 332(c)(7), and 541).

SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELECOMMUNICATIONS EQUIPMENT ON FEDERAL LAND.

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit a report to the appropriate committees of Congress, that includes —

(1) an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop—

(A) standard procedures for communications facility installation siting, including a standard duration of leases and easements;

(B) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and

(C) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations; and

(2) recommendations, if any, for how Congress and the Commission can address the challenges and reduce the administrative delays identified under paragraph (1).

SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP REPORT.

(a) In General. —
Not later than 60 days after the date of enactment of this Act, the Streamlining Federal Siting Working Group shall submit a report to the appropriate committees of Congress that contains an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop —

(1) standard procedures for communications facility installation siting, including a standard duration of leases and easements;

(2) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and

(3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations.

(b) Final Report. —
Not later than 120 days after the date of enactment of this Act, the Working Group shall submit a report to the appropriate committees of Congress on the final findings and recommendations of the Working Group described in subsection (a).

Side-By-Side: S.1988 vs. S.3157

Senate Bill S.1988	NEW § 332(c)(7) From Senate Bill S.3157
To streamline broadband infrastructure permitting on established public rights-of-way, and for other purposes. IN THE SENATE OF THE UNITED STATES October 19, 2017 Mr. Wicker (for himself and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To streamline broadband infrastructure permitting on established public rights-of-way, 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 “Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017” or the “SPEED Act”. SEC. 2. DEFINITIONS. In this Act— (1) the term “antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services; (2) the term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; (3) the term “Commission” means the Federal Communications Commission; (4) the term “communications facility installation” 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 wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that— (i) is designed for the purpose of emitting or receiving radio frequency; (ii) (I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or (II) is using duly authorized devices that do not require individual licenses; and (iii) is added to a tower, building, support pole, or other structure; (5) 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 installation; (6) 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 (B) does not include a Federal interstate highway; (7) the term “small wireless facility” means a wireless service facility that meets the size limitation, and any other applicable requirement, established by the Commission; (8) the term “Streamlining Federal Siting Working Group” or “Working Group” means the Streamlining Federal Siting Working Group of the Broadband Deployment Advisory Committee; [S4WT Comment: Go here to see the list of the FCC’s Broadband Deployment Advisory Committee (‘BDAC’), which includes San Jose Mayor, Sam Liccardo] (9) the term “support pole” means an upright pole or structure used or capable of being used to support a wireless service facility; (10) the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, 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; (11) the term “wireless service” means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis; and (12) the term “wireless service facility” means a facility for the provision of wireless service. SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITY INSTALLATIONS. No review shall be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, as a condition of granting a covered easement for a communications facility installation if a covered easement has been granted for another communications facility installation or a utility facility with respect to the same building or other property owned by the Federal Government. SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS FACILITIES. (a) Exclusion Of Small Cells From Review. — Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, and may not require any entity regulated by the Commission to perform, any review under that Act or division as a condition of permitting the placement and installation of a small wireless facility if the new small wireless facility— (1) (A) will be located within a public right-of-way; and (B) is not higher than, or not substantially higher than (as that term is defined by the Commission), any existing structure in the public right of way; or (2) is— (A) a replacement for an existing small wireless facility; and (B) the same as, or substantially similar to (as that term is defined by the Commission), the small wireless facility that the new small wireless facility is replacing. (b) Exclusion Of Wireless Service Facilities In Public Rights-Of-Way From Review. — Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, no Federal, State, or local authority shall be required to perform, and no Federal, State, or local authority may require any entity to perform, any review under that Act or division as a condition of permitting the placement and installation of a wireless service facility if — (1) (A) the wireless service facility will be located in an existing public right-of-way; and (B) any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and (2) the antenna tower or support pole— (A) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; and (B) does not have guy wires. (c) Savings Clause. — Nothing in this section shall be construed to affect— (1) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) except as explicitly provided in this section, the obligation of any provider of wireless service to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code; or (3) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this section and sections 253, 332(c)(7), and 621 of the Communications Act of 1934 (47 U.S.C. 253, 332(c)(7), and 541). SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELECOMMUNICATIONS EQUIPMENT ON FEDERAL LAND. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit a report to the appropriate committees of Congress, that includes — (1) an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop— (A) standard procedures for communications facility installation siting, including a standard duration of leases and easements; (B) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and (C) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations; and (2) recommendations, if any, for how Congress and the Commission can address the challenges and reduce the administrative delays identified under paragraph (1). SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP REPORT. (a) In General. — Not later than 60 days after the date of enactment of this Act, the Streamlining Federal Siting Working Group shall submit a report to the appropriate committees of Congress that contains an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop — (1) standard procedures for communications facility installation siting, including a standard duration of leases and easements; (2) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and (3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations. (b) Final Report. — Not later than 120 days after the date of enactment of this Act, the Working Group shall submit a report to the appropriate committees of Congress on the final findings and recommendations of the Working Group described in subsection (a).	(7) PRESERVATION OF LOCAL ZONING AUTHIORITY. (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, and modification of personal wireless service facilities. (B) LIMITATIONS. — (i) IN GENERAL. — Except as provided in subparagraph (C), 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 unreasonably discriminate among providers of functionally equivalent, services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless service. (ii) TIMEFRAME. — A State or local instrumentality thereof government or shall act on any request for authorization to place, construct, or modify a personal wireless service facility within a reasonable period of time after the request is duly filed with the government or instrumentality. taking into account the nature and scope of the request. (iii) WRITTEN DECISION RECORD. — Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a personal wireless service facility shall be — (I) in writing; and (II) supported by substantial evidence contained in a written record. (iv) ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS. — No State or local government or instrumentality thereof may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that the facilities comply with the Commission’s regulations concerning such emissions. (v) JUDICIAL 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 subparagraph 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. — Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief. S4WT Comment: This is an outrageous and unnecessary addition to § 322(c)(7), attempting to limit the venue for legitimate claims of harm by forcing claims to be heard only administratively by the very same agency, the FCC, that is writing the rules to perpetuate these harms. Any person adversely affected by the installation of small personal wireless service facilities needs the right to judicial review by commencing “an action in any court of competent jurisdiction, which shall hear and decide the action on an expedited basis.”, as stated in paragraph (v)(I), above. (C) PLACEMENT, CONSTRUCTION, AND MODIFICATION OF SMALL PERSONAL WIRELESS SERVICE FACILITIES. — (i) IN GENERAL.—In addition to, and not in derogation of any of, the limitations under subparagraph (B), the regulation of the placement, construction, or modification of small personal wireless service facilities by any State or local government or instrumentality thereof — (I) shall not unreasonably discriminate among providers of the same service using comparable, equipment, including by providing exclusive or preferential use of facilities to a particular provider or class of providers of personal wireless services; and (II) shall only permit a State or local government to approve or deny a permit or other permission to deploy a small personal wireless service facility, including access a right-of-way or a facility in a right-of-way owned or managed by the State or local government, based on publicly available criteria that are — (aa) reasonable; (bb) objective; and (cc) non-discriminatory. (ii) ENGINEERING STANDARDS; AESTHETIC REQIREMENTS. — A State or local government or instrumentality thereof may regulate the placement, construction, and modification of small personal wireless service facilitie2 for reasons of objective and reasonable — (I) structural engineering standards based on generally applicable codes; (II) safety requirements; or (III) aesthetic or concealment requirements;. S4WT Comment: This is attempting to limit the findings that a State or local government, or instrumentality thereof, can make to deny the placement, construction of modification of small personal wireless service facilities — including many valid reasons that have never been preempted from local authority. No one should allow this attempted overreach. (iii) TIMEFRAMES. — (I) IN GENERAL. — A local government or instrumentality thereof shall act on a complete request for authorization to place, construct, or modify a small personal wireless service facility not later than (aa) (AA)— for collocation of a small personal wireless service facility, 60 days. after the date on which the complete request is filed, except as provided in item (bb); or (BB) for any other action relating to a small personal wire less service facility, 90 days after the date on which the complete request is filed, except as provided in item (cc); (bb) for collocation of a small personal wireless service facility, if the State or the area under the jurisdiction of the local government has a population of fewer than 50,000 people — (AA) 90 days after the date on which the complete request is filed, if during the 30-clay period ending on that date of filing, the applicable wireless service provider filed fewer than 50 requests ror collocation of a small personal wireless service facility with the State or local government or instrumentality thereof; or (BB) 120 days after the date on which the complete request is filed, if during the 30-day period ending on that date of filing, the applicable wireless service provider filed not fewer than 50 requests for collocation of a small personal wireless service facility with the State or local government or instrumentality thereof; or (cc) for any other action relating to a small personal wireless service facility, if the State or the area under the jurisdiction of the local government has a population of fewer than 50,000 people — (AA) 120 days after the date on which the complete request is filed, if during the 30-day period ending on that date of filing. the applicable wireless service provider filed fewer than 50 requests for any other action relating to a small personal wireless service facility with the State or local government or instrumentality thereof; or (BB) 150 days after the date on which the complete request is filed, if during the 30-day period ending on that date of filing, the applicable wireless service provider filed not fewer than 50 requests for any other action relating to a small personal wireless service facility with the State or local government or instrumentality thereof. (II) APPLICABILITY. — The applicable timeframe under subclause (l) shall apply collectively to all proceeclings required by State. or local government or instrumentality thereof for the approval of the, request. (III) NO TOLLING. — No timeframe under subclause (I) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government on the considertion of any request, for authorization to place, construct, or modify a small personal wireless service facility (IV) TEMPORARY WAIVER. — The Vommission may temporarily waive the applicability of subclause (I) for not longer than a single 30-day period for any complete request upon a demonstration by a State or local government that the waiver would be consistent with the public interest, convenience, and necessity. (iv) DEEMED GRANTED. If a State or local government or instrumentality thereof has neither granted nor denied a request within the applicable timeframe under subclause (I) of clause (iii), including any temporary waiver granted under subclause (IV) of that clause, the request shall be deemed granted on the date that. is 31 days after the date on which the government instrumentality receives a written notice of the failure from the applicant. (v) FEES. — Notwithstanding any other provision of law, a State or local gov- ernment may charge a fee to consider an application for the placement, construction, or modification of a small personal wireless facility, or to use a right-of-way or a facilty in a owned or managed by the State or local government, for the placement, construction, or modification of a small personal wireless facility, if the fee is — (I) competitively neutral, technology neutral, and nondiscriminatory; (II) publicly disclosed; and (III) (aa) except as provided in item (bb), based on actual and direct costs, such as costs for— (AA) review and processing of applications; (BB) maintenance; (CC) emergency responses; (DD) repairs and replacement of components and mate- rials resulting from and affected by the installation of small personal wireless facilities, improvements, and equipment that facilitates the deployment and installation of such facilities; or (EE) inspections; or (bb) calculated in accordance with section 224, in the ease of a fee charged for the placement, construe- tion, or modification of a small per- sonal M’ireless facility on a pole, in a right-of-way, or on any other facility that may be established under that section. (vi) RULE OF CONSTRUCTION.— Nothing in this subparagraph shall be construed to prevent, any State or local government from imposing any additional limitation or requirement, relating to consideration by the State or local government of an application for the placement. construction, or modification of a small personal wireless service facitity. (D) DEFINITIONS. — For purposes of this paragraph — (i) 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) the term ‘communications network‘ means a network used to provide a communications service; (iii) the term ‘communications service‘ means (I) cable service, as defined in section 602; S4WT Comment: 47 U.S. Code § 602 – Repealed: Pub. L. 103–414, title III, § 304(a)(13), Oct. 25, 1994, 108 Stat. 4297 47 U.S. Code § 522(6) – Definitions: (6) the term “cable service” means — (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; (II) information service; (III) telecommunications service; or (IV) personal wireless service; (iv) the term ‘complete request‘ means a request for which the applicant. has not received written notice from the State or local government within 10 business days of submission — (I) stating in writing that the request is incomplete; and (II) identifying the information causing the request, to be incomplete; (v) the term ‘generally applicable code‘ includes 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; (vi) 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 demarcates the boundary with any wireline backhaul facility; (vii) the term ‘personal wireless service‘ means — (I) commercial mobile service; (II) commercial mobile data service (as that term is 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; (viii) the term ‘personal wireless service facility‘ means a facility for the provision of personal wireless service; (ix) the term ‘small personal wireless service facility‘ — (I) means a personal wireless service facility in which each antenna is not more than 3 cubic feet in volume; and S4WT Comment: Links on this page show Amphenol antenna volumes http://scientists4wiredtech.com/santa-rosa/cell-tower-specs/: CUUT360X12 Antenna Specs: (cyllinder: 14.6 in. diameter x 48.0 in. –> 4.66 cubic feet) CUUT360X12 Antenna Specs: (cyllinder: 14.6 in. diameter x 24.0 in. –> 2.33 cubic feet) (II) does not include a wireline backhaul facility; S4WT Comment: Does this mean that any facility connected to fiber optic cable is not considered a "small wireless facility"? (x) the term ‘unlicensed wireless service‘— (I) means the offering of telecommunications 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 service, as defined in section 303(v); and (xi) 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 its adjacent network interface device to a communications network."

Senate Bill S.1988

NEW § 332(c)(7) From Senate Bill S.3157

To streamline broadband infrastructure permitting on established public rights-of-way, and for other purposes.

A BILL
To streamline broadband infrastructure permitting on established public rights-of-way, 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 “Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017” or the “SPEED Act”.

SEC. 2. DEFINITIONS.

In this Act—

(1) the term “antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;

(2) the term “appropriate committees of Congress” means—

(A) the Committee on Commerce, Science, and Transportation of the Senate;

(B) the Committee on Energy and Natural Resources of the Senate;

(D) the Committee on Natural Resources of the House of Representatives;

(3) the term “Commission” means the Federal Communications Commission;

(4) the term “communications facility installation” includes—

(B) any antenna or apparatus that—

(i) is designed for the purpose of emitting or receiving radio frequency;

(ii)

(I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or

(II) is using duly authorized devices that do not require individual licenses; and

(iii) is added to a tower, building, support pole, or other structure;

(6) 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

(B) does not include a Federal interstate highway;

(7) the term “small wireless facility” means a wireless service facility that meets the size limitation, and any other applicable requirement, established by the Commission;

(8) the term “Streamlining Federal Siting Working Group” or “Working Group” means the Streamlining Federal Siting Working Group of the Broadband Deployment Advisory Committee;

[S4WT Comment: Go here to see the list of the FCC’s Broadband Deployment Advisory Committee (‘BDAC’), which includes San Jose Mayor, Sam Liccardo]

(9) the term “support pole” means an upright pole or structure used or capable of being used to support a wireless service facility;

(12) the term “wireless service facility” means a facility for the provision of wireless service.

SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITY INSTALLATIONS.

SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS FACILITIES.

(1)

(A) will be located within a public right-of-way; and

(B) is not higher than, or not substantially higher than (as that term is defined by the Commission), any existing structure in the public right of way; or

(2) is—

(A) a replacement for an existing small wireless facility; and

(B) the same as, or substantially similar to (as that term is defined by the Commission), the small wireless facility that the new small wireless facility is replacing.

(1)

(A) the wireless service facility will be located in an existing public right-of-way; and

(B) any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and

(2) the antenna tower or support pole—

(A) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; and

(B) does not have guy wires.

(c) Savings Clause. —
Nothing in this section shall be construed to affect—

(1) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELECOMMUNICATIONS EQUIPMENT ON FEDERAL LAND.

(A) standard procedures for communications facility installation siting, including a standard duration of leases and easements;

(B) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and

(C) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations; and

(2) recommendations, if any, for how Congress and the Commission can address the challenges and reduce the administrative delays identified under paragraph (1).

SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP REPORT.

(1) standard procedures for communications facility installation siting, including a standard duration of leases and easements;

(2) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and

(3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations.

(7) PRESERVATION OF LOCAL ZONING AUTHIORITY.

(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, and modification of personal wireless service facilities.

(B) LIMITATIONS. —

(i) IN GENERAL. — Except as provided in subparagraph (C), 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 unreasonably discriminate among providers of functionally equivalent, services; and

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

(ii) TIMEFRAME. — A State or local instrumentality thereof government or shall act on any request for authorization to place, construct, or modify a personal wireless service facility within a reasonable period of time after the request is duly filed with the government or instrumentality. taking into account the nature and scope of the request.

(iii) WRITTEN DECISION RECORD. — Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a personal wireless service facility shall be —

(I) in writing; and

(II) supported by substantial evidence contained in a written record.

(iv) ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS. — No State or local government or instrumentality thereof may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that the facilities comply with the Commission’s regulations concerning such emissions.

(v) JUDICIAL 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 subparagraph 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.
— Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief.

S4WT Comment: This is an outrageous and unnecessary addition to § 322(c)(7), attempting to limit the venue for legitimate claims of harm by forcing claims to be heard only administratively by the very same agency, the FCC, that is writing the rules to perpetuate these harms. Any person adversely affected by the installation of small personal wireless service facilities needs the right to judicial review by commencing “an action in any court of competent jurisdiction, which shall hear and decide the action on an expedited basis.”, as stated in paragraph (v)(I), above.

(C) PLACEMENT, CONSTRUCTION, AND MODIFICATION OF SMALL PERSONAL WIRELESS SERVICE FACILITIES. —

(i) IN GENERAL.—In addition to, and not in derogation of any of, the limitations under subparagraph (B), the regulation of the placement, construction, or modification of small personal wireless service facilities by any State or local government or instrumentality thereof —

(I) shall not unreasonably discriminate among providers of the same service using comparable, equipment, including by providing exclusive or preferential use of facilities to a particular provider or class of providers of personal wireless services; and

(II) shall only permit a State or local government to approve or deny a permit or other permission to deploy a small personal wireless service facility, including access a right-of-way or a facility in a right-of-way owned or managed by the State or local government, based on publicly available criteria that are —

(aa) reasonable;

(bb) objective; and

(cc) non-discriminatory.

(ii) ENGINEERING STANDARDS; AESTHETIC REQIREMENTS. — A State or local government or instrumentality thereof may regulate the placement, construction, and modification of small personal wireless service facilitie2 for reasons of objective and reasonable —

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

(II) safety requirements; or

(III) aesthetic or concealment requirements;.

S4WT Comment: This is attempting to limit the findings that a State or local government, or instrumentality thereof, can make to deny the placement, construction of modification of small personal wireless service facilities — including many valid reasons that have never been preempted from local authority. No one should allow this attempted overreach.

(iii) TIMEFRAMES. —

(I) IN GENERAL. — A local government or instrumentality thereof shall act on a complete request for authorization to place, construct, or modify a small personal wireless service facility not later than

(aa)

(AA)— for collocation of a small personal wireless service facility, 60 days. after the date on which the complete request is filed, except as provided in item (bb); or

(BB) for any other action relating to a small personal wire less service facility, 90 days after the date on which the complete request is filed, except as provided in item (cc);

(bb) for collocation of a small personal wireless service facility, if the State or the area under the jurisdiction of the local government has a population of fewer than 50,000 people —

(AA) 90 days after the date on which the complete request is filed, if during the 30-clay period ending on that date of filing, the applicable wireless service provider filed fewer than 50 requests ror collocation of a small personal wireless service facility with the State or local government or instrumentality thereof; or

(BB) 120 days after the date on which the complete request is filed, if during the 30-day period ending on that date of filing, the applicable wireless service provider filed not fewer than 50 requests for collocation of a small personal wireless service facility with the State or local government or instrumentality thereof; or

(cc) for any other action relating to a small personal wireless service facility, if the State or the area under the jurisdiction of the local government has a population of fewer than 50,000 people —

(AA) 120 days after the date on which the complete request is filed, if during the 30-day period ending on that date of filing. the applicable wireless service provider filed fewer than 50 requests for any other action relating to a small personal wireless service facility with the State or local government or instrumentality thereof; or

(BB) 150 days after the date on which the complete request is filed, if during the 30-day period ending on that date of filing, the applicable wireless service provider filed not fewer than 50 requests for any other action relating to a small personal wireless service facility with the State or local government or instrumentality thereof.

(II) APPLICABILITY. — The applicable timeframe under subclause (l) shall apply collectively to all proceeclings required by State. or local government or instrumentality thereof for the approval of the, request.

(III) NO TOLLING. — No timeframe under subclause (I) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government on the considertion of any request, for authorization to place, construct, or modify a small personal wireless service facility

(IV) TEMPORARY WAIVER. — The Vommission may temporarily waive the applicability of subclause (I) for not longer than a single 30-day period for any complete request upon a demonstration by a State or local government that the waiver would be consistent with the public interest, convenience, and necessity.

(iv) DEEMED GRANTED. If a State or local government or instrumentality thereof has neither granted nor denied a request within the applicable timeframe under subclause (I) of clause (iii), including any temporary waiver granted under subclause (IV) of that clause, the request shall be deemed granted on the date that. is 31 days after the date on which the government instrumentality receives a written notice of the failure from the applicant.

(v) FEES. — Notwithstanding any other provision of law, a State or local gov- ernment may charge a fee to consider an application for the placement, construction, or modification of a small personal wireless facility, or to use a right-of-way or a facilty in a owned or managed by the State or local government, for the placement, construction, or modification of a small personal wireless facility, if the fee is —

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

(II) publicly disclosed; and

(III)

(aa)
except as provided in item (bb), based on actual and direct costs, such as costs for—

(AA) review and processing of applications;

(BB) maintenance;

(CC) emergency responses;

(DD) repairs and replacement of components and mate- rials resulting from and affected by the installation of small personal wireless facilities, improvements, and equipment that facilitates the deployment and installation of such facilities; or

(EE) inspections; or

(bb) calculated in accordance with section 224, in the ease of a fee charged for the placement, construe- tion, or modification of a small per- sonal M’ireless facility on a pole, in a right-of-way, or on any other facility that may be established under that section.

(vi) RULE OF CONSTRUCTION.— Nothing in this subparagraph shall be construed to prevent, any State or local government from imposing any additional limitation or requirement, relating to consideration by the State or local government of an application for the placement. construction, or modification of a small personal wireless service facitity.

(D) DEFINITIONS. — For purposes of this paragraph —

(i) 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) the term ‘communications network‘ means a network used to provide a communications service;

(iii) the term ‘communications service‘ means

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

S4WT Comment: 47 U.S. Code § 602 – Repealed: Pub. L. 103–414, title III, § 304(a)(13), Oct. 25, 1994, 108 Stat. 4297

47 U.S. Code § 522(6) – Definitions:

(6) the term “cable service” means —

(A) the one-way transmission to subscribers of

(i) video programming, or

(ii) other programming service, and

(B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;

(II) information service;

(III) telecommunications service; or

(IV) personal wireless service;

(iv) the term ‘complete request‘ means a request for which the applicant. has not received written notice from the State or local government within 10 business days of submission —

(I) stating in writing that the request is incomplete; and

(II) identifying the information causing the request, to be incomplete;

(v) the term ‘generally applicable code‘ includes 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;

(vi) 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 demarcates the boundary with any wireline backhaul facility;

(vii) the term ‘personal wireless service‘ means —

(I) commercial mobile service;

(II) commercial mobile data service (as that term is 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;

(viii) the term ‘personal wireless service facility‘ means a facility for the provision of personal wireless service;

(ix) the term ‘small personal wireless service facility‘ —

(I) means a personal wireless service facility in which each antenna is not more than 3 cubic feet in volume; and

S4WT Comment: Links on this page show Amphenol antenna volumes http://scientists4wiredtech.com/santa-rosa/cell-tower-specs/:

CUUT360X12 Antenna Specs: (cyllinder: 14.6 in. diameter x 48.0 in. –> 4.66 cubic feet)
CUUT360X12 Antenna Specs: (cyllinder: 14.6 in. diameter x 24.0 in. –> 2.33 cubic feet)

(II) does not include a wireline backhaul facility;

S4WT Comment: Does this mean that any facility connected to fiber optic cable is not considered a "small wireless facility"?

(x) the term ‘unlicensed wireless service‘—

(I) means the offering of telecommunications 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 service, as defined in section 303(v); and

(xi) 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 its adjacent network interface device to a communications network."