Sec. 7. Communications facilities deployment on Federal property
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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), (c), and
(d)and inserting the following: 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 an 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, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (5), an easement or right-of-way to perform such installation, construction, modification, or maintenance. The Administrator of General Services shall develop a common form for applications for easements and rights-of-way under paragraph
(1)for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency. The requirement under subparagraph
(A)for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application. Notwithstanding any other provision of law, the Administrator of General Services shall establish a fee for the grant of an easement or right-of-way pursuant to paragraph
(1)that is based on direct cost recovery. The Administrator of General Services may establish exceptions to the fee amount required under subparagraph (A)— in consideration of the public benefit provided by a grant of an easement or right-of-way; and in the interest of expanding wireless and broadband coverage. Any fee amounts collected by an executive agency pursuant to paragraph
(3)may be made available, as provided in appropriations Acts, to such agency to cover the costs of granting the easement or right-of-way. Within a reasonable period of time after the date on which an executive agency receives a duly filed application for an easement or right-of-way under this subsection, the executive agency shall— grant or deny, on behalf of the Federal Government, the application; and notify the applicant of the grant or denial. If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial. If an executive agency has not granted or denied an application under subparagraph
(A)before the date that is 150 days after the date that the executive agency received a duly filed application, the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the delay. Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) or the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Upon receiving an application under subparagraph (A), an executive agency shall designate 1 or more appropriate individuals within the executive agency to act as a point of contact with the applicant. Notwithstanding section 704 of the Telecommunications Act of 1996 ( Public Law 104–104 ; 110 Stat. 151) or any other provision of law, the Administrator of General Services shall— develop 1 or more master contracts that shall govern the placement of communications facility installation on buildings and other property owned by the Federal Government; and in developing the master contract or contracts, standardize the treatment of the placement of communications facility installation on building rooftops or facades, the placement of communications facility installation on rooftops or inside buildings, the technology used in connection with communications facility installation placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate. The master contract or contracts developed by the Administrator of General Services under paragraph
(1)shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property. The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency. The requirement under subparagraph
(A)for an executive agency to use the common form or set of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Administrator that the executive agency uses a substantially similar application. In this section: The term communications facility installation includes— 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 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 or is using duly authorized devices that do not require individual licenses; and is added to a tower, building, or other structure. The term executive agency has the meaning given such term in section 102 of title 40, United States Code. . An application for an easement or right-of-way that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455 ) before the effective date of this Act shall continue, subject to that section as in effect on the day before such effective date.
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- Pub. L. 104-104
- 110 Stat. 151
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Sec. 7
Communications facilities deployment on Federal property
Pub. L.Pub. L. 104-104
Stat.110 Stat. 151
Cites 5Cited by 0 across 0 sources