Sec. 10. Wireless facilities deployment
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Not later than 1 year after the date of enactment of this Act, the Commission shall— study the relationship between wireless facilities deployment and broadband deployment and adoption; and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that contains the findings of the study under subparagraph (A). In particular, the report submitted under paragraph
(1)shall analyze— with respect to zoning and tower siting permits for wireless infrastructure— whether the process for obtaining such permits impacts the pace of broadband deployment; whether the process for obtaining such permits impacts the pace of broadband adoption; whether the cost of obtaining such permits impacts the pace of broadband deployment; and whether the cost of obtaining such permits impacts the pace of broadband adoption; the impact of wireless facilities deployment on the achievement of the National Broadband Plan’s broadband deployment and adoption goals; and the progress achieved with respect to the National Broadband Plan’s rights-of-way management goals. Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455 ) is amended by striking subsections
(b)through
(d)and inserting the following: In this subsection— the term Administrator means the Administrator of General Services; the term communications facility installation includes— any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds; the transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications services; and any antenna or apparatus that— is designed for the purpose of emitting radio frequency; is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; and is added to a tower, building, or other structure; the term covered agency means— the Department of Defense; the Department of the Interior; the Department of Agriculture; the Department of Commerce; the Department of Transportation; the Department of Veterans Affairs; the United States Postal Service; the Federal Communications Commission; the Council on Environmental Quality; the Advisory Council on Historic Preservation; the Department of Homeland Security; and the Executive Office of the President; the term executive agency has the meaning given the term in section 102 of title 40, United States Code; and the term placement , with respect to a communications facility installation, includes the installation, construction, modification, or maintenance of the communications facility installation. If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of a real property interest, including a lease, license, easement, or right-of-way, to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, and maintain a communications facility installation, the executive agency that owns the building or other property on behalf of the Federal Government shall grant to the applicant, if technically feasible, a real property interest to perform such installation, construction, modification, and maintenance. Competitive procurement requirements shall not apply to an application for a grant of a real property interest under subparagraph (A). An executive agency that owns a building or other property and receives applications described in subparagraph
(A)for multiple grants of real property interests, either from the same applicant or different applicants, shall provide multiple grants if technically feasible. The standard term of the grant of a real property interest under subparagraph
(A)shall be 25 years with allowances for reexamination of the fee schedule at the end of each 5-year period within the 25-year period. The grant of a real property interest shall enjoy an expectancy of renewal of the real property interest upon the expiration of the term described in clause (iii). Notwithstanding any other provision of law, the Administrator, in consultation with the head of each covered agency, shall establish a standard fee schedule for the grant of a real property interest under subparagraph
(A)based on direct cost recovery. The initial amount of the standard fee established under subclause
(I)shall be equal to the average fee charged by the Federal Government for the grant of a real property interest for the placement of a communications facility installation during the most recent 3-year period. Not later than 90 days after the date of enactment of the Wireless Innovation Act of 2015 , the Administrator shall publish a notice in the Federal Register that— proposes an initial amount of the standard fee under subclause (I); describes the data on which the proposed initial amount is based; and invites public comment on the proposed initial amount. Not later than 150 days after the date of enactment of the Wireless Innovation Act of 2015 , the Administrator shall publish a decision in the Federal Register that sets the initial amount of the standard fee. During any year, the Administrator may not increase the standard fee established under subclause
(I)or clause
(ii)by a percentage that is greater than the lower of— the percentage increase in the Consumer Price Index for All Urban Consumers (all items, United States city average) published by the Bureau of Labor Statistics for the most recent 12-month period; or 3 percent. An executive agency shall charge the standard fee established by the Administrator under clause
(i)for a grant of a real property interest unless, not later than 90 days after the date on which the Administrator publishes the amount of the finalized initial fee under clause (i)(II)(cc), the executive agency establishes an agency-specific fee in an amount that is equal to the average fee charged by the executive agency for the placement of a communications facility installation during the most recent 3-year period. During the process of establishing an agency-specific fee under subclause (I), an executive agency shall— make a description of the data on which the fee is based publically available; and allow opportunity for public comment. The Administrator or an executive agency may not charge any additional fee for the grant of a real property interest for the placement of a communications facility installation other than what has been established in the standard fee under clause
(i)or an agency-specific fee established under clause (ii). In consideration of the public benefit provided by a grant of a real property interest under subparagraph (A), the Administrator or an executive agency may grant a full or partial waiver of the fee required under clause
(i)or (ii). Any fee amount collected under this paragraph for the grant of a real property interest by an executive agency under subparagraph
(A)shall be made available, as provided in appropriations Acts, to the executive agency to cover the cost of granting the real property interest. Notwithstanding section 704 of the Telecommunications Act of 1996 or any other provision of law, the Administrator, in consultation with the head of each covered agency, shall— not later than 60 days after the date of enactment of the Wireless Innovation Act of 2015 , develop and adopt 1 or more master application forms and standard contracts, including lease and easement contracts, for all executive agencies, that shall govern the placement of a communications facility installation to, in, over, or on a building or other property owned by the Federal Government; in developing the master application forms and standard contracts under subparagraph (A)— include in each master application form or standard contract the standard fee schedule and standard fee established under paragraph (2)(C)(i)(I); and standardize the treatment of— the placement of a communications facility installation to, in, over, or on the rooftop or facade of a building or inside a building; the technology used in connection with a communications facility installation placed on a Federal building or other property; and any other key issues the Administrator considers appropriate; not later than 30 days after the date on which the Administrator adopts the master application forms and standard contracts under clause (i), publish the master application forms and standard contracts in the Federal Register; and direct each executive agency to begin accepting the master application forms and standard contracts from applicants not later than 30 days after the date on which the Administrator adopts the master application forms and standard contracts under clause (i). Except as provided in clause (ii), the master application forms and standard contracts developed by the Administrator under subparagraph (A)(i) shall apply to each building or other property owned by the Federal Government. If the Administrator determines that the master application forms and standard contracts developed under subparagraph (A)(i) are not adequate for a specific building or other property, the Administrator shall— not later than 10 days after the date on which the Administrator makes the determination, provide written notification to the applicant, which shall detail the reasons why the application forms and contracts are not adequate for a specific building or property; and work in coordination with the heads of the appropriate agencies to address the inadequacies and provide, not later than 60 days after the date on which the notification was provided under subclause (I), an adequate application form or contract to the applicant. If the Administrator fails to adopt master application forms and standard contracts as required under subparagraph (A)(i) during the 1-year period beginning on the date of enactment of the Wireless Innovation Act of 2015 , beginning on the day after the expiration of that period and until the date on which the Administrator adopts such forms and contracts— an applicant for a grant of a real property interest from an executive agency under paragraph (2)(A) may use an existing application form or contract with the executive agency; and the executive agency shall accept the existing application form or contract. Not later than 60 days after the date of enactment of the Wireless Innovation Act of 2015 , each executive agency shall establish a supervisory review process under which an executive working group or established agency executive with negotiation and approval authority shall review any communications facility installation application, lease, or easement if an applicant requests such review. a ) An executive agency may not deny, and shall approve, any eligible facilities request (as defined in subsection (a)(2)) for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station. Not later than 90 days after the date of enactment of the Wireless Innovation Act of 2015 , and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes, with respect to each executive agency— the number of sites sought in applications for the placement of a communications facility installation, including upgrades and collocations; the number of sites approved; and the number of sites completed. .
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Sec. 10
Wireless facilities deployment
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