Sec. 7. Communications facilities deployment on Federal property
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/bill/115/s/19/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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, right-of-way, or lease 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, right-of-way, or lease to perform such installation, construction, modification, or maintenance. The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases 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, right-of-way, or lease 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, right-of-way, or lease; 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, right-of-way, or lease. Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease 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. Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54, United States Code, 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 one 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 one 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, right-of-way, or lease 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. In this subsection, the term communications facility installation has the meaning given the term in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ), as amended by subsection (a). Not later than 2 years after the date of enactment of this Act, the NTIA, in coordination with the Department of the Interior, the Department of Agriculture, the Department of Defense, the Department of Transportation, the Office of Management and Budget, and the General Services Administration, shall develop recommendations to streamline the process for considering applications by those agencies under section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(b) ), as amended by subsection (a). The recommendations developed under subparagraph
(A)shall include— procedures for the tracking of applications described in subparagraph (A); methods by which to reduce the amount of time between the receipt of an application and the issuance of a final decision on an application; and policies to expedite renewals of an easement, license, or other authorization to locate a communications facility installation on land managed by the agencies described in subparagraph (A). Not later than 2 years after the date on which the recommendations required under subparagraph
(A)are developed, the NTIA 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— the status of the implementation of the recommendations developed under subparagraph (A); and any improvements to the process for considering applications described in subparagraph
(A)that have resulted from those recommendations, including in particular the speed at which such applications are reviewed and a final determination is issued.
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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 4Cited by 0 across 0 sources