§ 1455. Wireless facilities deployment

1,592 words·~7 min read·/usc/title-47/section-1455

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Facility modifications

(1)In general Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.

(2)Eligible facilities request For purposes of this subsection, the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves—

(A)collocation of new transmission equipment;

(B)removal of transmission equipment; or

(C)replacement of transmission equipment.

(3)Applicability of environmental laws Nothing in paragraph

(1)shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act 1 or the National Environmental Policy Act of 1969.

(b)Federal easements, rights-of-way, and leases

(1)Grant 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 (3), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance.

(2)Application

(A)In general 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.

(B)Exception 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.

(3)Timely consideration of applications

(A)In general 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—

(i)grant or deny, on behalf of the Federal Government, the application; and

(ii)notify the applicant of the grant or denial.

(B)Explanation of 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.

(C)Applicability of environmental laws Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54 or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(D)Point of contact 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.

(c)Master contracts for communications facility installation sitings

(1)In general 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—

(A)develop one or more master contracts that shall govern the placement of communications facility installations on buildings and other property owned by the Federal Government; and

(B)in developing the master contract or contracts, standardize the treatment of the placement of communications facility installations on building rooftops or facades, the placement of communications facility installations on rooftops or inside buildings, the technology used in connection with communications facility installations placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate.

(2)Applicability 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.

(3)Application

(A)In general 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.

(B)Exception 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.

(d)Definitions In this section:

(1)Communications facility installation The term “communications facility installation” includes—

(A)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

(B)any antenna or apparatus that—

(i)is designed for the purpose of emitting radio frequency;

(ii)is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and

(iii)is added to a tower, building, or other structure.

(2)Executive agency The term “executive agency” has the meaning given such term in section 102 of title 40.

(Pub. L. 112–96, title VI, § 6409, Feb. 22, 2012, 126 Stat. 232; Pub. L. 115–141, div. P, title VI, § 606(a), Mar. 23, 2018, 132 Stat. 1101.)

Connections217 cite this · traces to 8

Cited by 217 sections · top 60

public-private-law

U.S. Code