2018 Streamline Small Cell Deployment Act, S.3157


Please CALL and EMAIL all the Senators on the Commerce Committee.

Dial *67 before the number so they do not focus on where you are from.

You can use this list of US Senators.


Primer: Telecommunications Act of 1996

 

In the 104th Congress, Senate Bill 652: S.652, known as the Telecommunications Act of 1996 (1996-TCA), was approved by Congress on January 3, 1996, and was signed into law on February 8, 1996 by President Bill Clinton.

Once S.652 became a law and it was codified, changing Section 704 to 47 U.S. Code § 332(c)(7).

In short, the following two references have identical text:


As a bill: S.652 – Telecommunications Act of 1996

   TITLE VII — MISCELLANEOUS PROVISIONS;

       Section 704. Facilities Siting; Radiofrequency Emission Standards.


As a law: U.S. Code: Title 47 – TELECOMMUNICATIONS

   CHAPTER 5 – WIRE OR RADIO COMMUNICATION

      SUBCHAPTER III – SPECIAL PROVISIONS RELATING TO RADIO

         PART I – General Provisions

            § 332 – Mobile services

               (c) Regulatory treatment of mobile services

                  (7) Preservation of local zoning authority


Note: S.3157 Significantly Changes Section 704/47 U.S. Code § 332(c)(7)

For those not comfortable reading the S.3157’s bill text, below, here is a summary of S.3157 by the National League of Cities.


115th Congress, 2d Session

S.3157

To streamline siting processes for small cell deployment.

IN THE SENATE OF THE UNITED STATES

Mr. THUNE: (for himself and Mr. SCHATZ) introduced the following bill; which was read and referred to the Committee on __________________

A BILL

To streamline siting processes for small cell deployment.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the "Streamlining The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance Small Cell Deployment Act" or the "STREAMLINE Small Cell Deployment Act",

SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY.

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:


STRIKE CURRENT § 332(c)(7) . . . 420 words INSERT NEW § 332(c)(7) . . . 1,810 words

   (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, and modification of personal wireless service facilities.

      (B) Limitations. —

         (i) The regulation of the placement, construction, and modification of personal wireless service facilities 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 services.

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

         (iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

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

         (v) 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 such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. 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.

      (C) Definitions. — For purposes of this paragraph —

         (i) the term ‘personal wireless services’ means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;

         (ii) the term ‘personal wireless service facilities’ means facilities for the provision of personal wireless services; and

         (iii) the term ‘unlicensed wireless service’ means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in section 303(v))."

(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."


SEC. 3. GAO STUDY OF BROADBAND DEPLOYMENT ON TRIBAL LAND AND ON OR NEAR TRUST LAND.

Not later than year after the date of enactment of this Act, the Comptroller General of the United States shall —

(1) in consultation with the Secretary of Agriculture, the Comptroller General of the United States, the Director of the Bureau of Indian Affairs, and the Federal Communications Commission, study the process for obtaining a grant of a right-of-way to deploy broadband infrastructure on tribal land or on or near trust land, as defined in section 3765 of title 38, United States Code;

(2) in conducting the study under paragraph (1), consider the unique challenges involved in broadband deployment on tribal land and on or near trust land; and

(3) submit to Congress a report on the study conducted under paragraph (I).