Sec. 402. Report on fees
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Section 60102 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1702 ) is amended by adding at the end the following: Not later than 180 days after the date of the enactment of this subsection, the Assistant Secretary shall submit to Congress a report— detailing the fees charged by each eligible entity (or any political subdivision thereof)— to consider a request for authorization to place, construct, or modify, using (in whole or in part) grant funds received under this section, infrastructure for the provision of broadband service; or to use a right-of-way or infrastructure in a right-of-way owned or managed by the entity or political subdivision for the placement, construction, or modification, using (in whole or in part) grant funds received under this section, of infrastructure for the provision of broadband service; and that identifies, with respect to any fee detailed pursuant to paragraph (1), any such fee that is not— competitively neutral, technology neutral, and nondiscriminatory; established in advance and publicly disclosed; calculated— based on actual and direct costs, such as costs for— review and processing of requests; and repairs and replacement of— components and materials directly resulting from and affected by the placement, construction, or modification (including the installation or improvement) of infrastructure for the provision of broadband service; or equipment that facilitates the placement, construction, or modification (including the installation or improvement) of such infrastructure; and using, for purposes of clause (i), only costs that are objectively reasonable; or described to a requesting party in a manner that distinguishes between— nonrecurring fees and recurring fees; and the use of infrastructure on which infrastructure for the provision of broadband service is already located and infrastructure on which there is no infrastructure for the provision of broadband service as of the date on which the request is submitted to the eligible entity or political subdivision. .
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