Sec. 4. Regulatory treatment of certain wireless facilities
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/bill/115/s/1988/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— will be located within a public right-of-way; and 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 is— a replacement for an existing small wireless facility; and 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.
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— the wireless service facility will be located in an existing public right-of-way; and any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and the antenna tower or support pole— 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 does not have guy wires.
Nothing in this section shall be construed to affect— the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); 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 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).
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