Sec. 304. Definitions
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/bill/119/hr/2289/rh/section-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term Chief Executive means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government. The term Commission means the Federal Communications Commission. The term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ). The term covered easement means an easement, right-of-way, or lease with respect to a building or other property owned by the Federal Government, excluding Tribal land held in trust by the Federal Government (unless the Indian tribal government with respect to such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility or a utility facility.
The term covered project means any of the following: A project— for— the mounting or installation of a personal wireless service facility with another personal wireless service facility that exists at the time at which a request for authorization of such mounting or installation is submitted to a State or local government or instrumentality thereof or to an Indian tribal government; or the modification of a personal wireless service facility; and for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.
A project— for the placement, construction, or modification of a facility for communication by wire in or on eligible support infrastructure; and for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. A project to deploy a small personal wireless service facility. A project— for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.
A project— for the deployment or modification of a communications facility that is to be carried out entirely within a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); and for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. A project to permanently remove covered communications equipment or services (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 )) and to replace such covered communications equipment or services with communications equipment or services (as defined in such section) that are not covered communications equipment or services (as so defined).
A project that— is to be carried out entirely within an area for which the President, the Governor of a State, or the Chief Executive of an Indian tribal government has declared a major disaster or an emergency; is to be carried out not later than 5 years after the date on which the President, Governor, or Chief Executive made such declaration; and replaces a communications facility damaged by such disaster or emergency or makes improvements to a communications facility in such area that could reasonably be considered as necessary for recovery from such disaster or emergency or to prevent or mitigate any future disaster or emergency.
A project for the placement and installation of a new communications facility if— such new facility— will be located within a public right-of-way; and is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; such new facility is— a replacement for an existing communications facility; and the same as, or substantially similar to (as such term is defined by the Commission by regulation), the existing communications facility that such new communications facility is replacing; such new facility is a type of communications facility that— is described in section 6409(d)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d)(1)(B) ); and meets the size limitation of a small antenna established by the Commission; or the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction.
A project for the placement, construction, or modification of a personal wireless service facility on an existing tower, building, or structure. A project for the placement, construction, or modification of a communications facility— for which the placement, construction, or modification is undertaken pursuant to a geographic area license that has been issued by the Commission or is subject to licensing by rule; and with respect to which filing in the antenna structure registration system of the Commission is not required.
The term eligible support infrastructure means infrastructure that supports or houses a facility for communication by wire (or that is designed for or capable of supporting or housing such a facility) at the time when a request to a State or local government or instrumentality thereof, or to an Indian tribal government, for authorization to place, construct, or modify a facility for communication by wire in or on the infrastructure is submitted to the government or instrumentality.
The term emergency means— in the case of an emergency declared by the President, an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); and in the case of an emergency declared by the Governor of a State or the Chief Executive of an Indian tribal government, any occasion or instance with respect to which the Governor or Chief Executive declares that an emergency exists (or makes a similar declaration) under State or Tribal law (as the case may be).
The term Federal authorization — means any authorization required under Federal law with respect to a covered project or a covered easement; and includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a covered project or a covered easement. The term Governor means the chief executive of any State. The term Indian tribal government means the governing body of an Indian Tribe. The term Indian Tribe has the meaning given the term Indian tribe under section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ).
The term major disaster means— in the case of a major disaster declared by the President, a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and in the case of a major disaster declared by the Governor of a State or the Chief Executive of an Indian tribal government, any occasion or instance with respect to which the Governor or Chief Executive declares that a disaster exists (or makes a similar declaration) under State or Tribal law (as the case may be).
The term personal wireless service facility has the meaning given such term in subparagraph
(G)of section 332(c)(7) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7) ), as amended by this Act. The term public right-of-way — means— the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property (whether currently or previously used in such manner); and any land immediately adjacent to and contiguous with property described in clause
(i)that is within the right-of-way grant; and does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). The term small personal wireless service facility has the meaning given such term in subparagraph
(G)of section 332(c)(7) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7) ), as amended by this Act. The term State means each State of the United States, the District of Columbia, and each territory or possession of the United States. The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public.
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Sec. 304
Definitions
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