Library / Laws / 116th / hr / H.R. 7357 / Introduced in House
I
116th CONGRESS
2d Session
H. R. 7357
IN THE HOUSE OF REPRESENTATIVES
June 25, 2020Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide that a request for the collocation of a personal wireless service facility is categorically excluded from the requirement to prepare certain environmental or historical preservation reviews.
1.
Short title
This Act may be cited as the Wireless Broadband Competition and Efficient Deployment Act.
2.
Categorical exclusion from NEPA and NHPA for wireless collocations
(a)
Definitions
In this section:
(1)
Covered project
The term covered project means the placement, modification, or construction of an eligible personal wireless facility that exists at the time at which a complete request for such authorization is filed with a State or local government or instrumentality thereof.
(2)
Eligible personal wireless service facility
The term eligible personal wireless service facility means any antenna, apparatus, transmitting device, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, for the provision of personal wireless service.
(3)
Personal wireless service
The term personal wireless service means—
(A) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)));
(B) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401));
(C) unlicensed wireless service; and
(D) common carrier wireless exchange access service.
(4)
State
The term State means the 50 States, the District of Columbia, the territories and possessions of the United States, and each federally recognized Indian Tribe.
(b)
NEPA categorical exclusion
(1)
In general
A covered project subject to the approval of the Commission shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(2)
Relation to extraordinary circumstances procedures
The use of the categorical exclusion under paragraph (1) shall not be considered to include extraordinary circumstances under section 220.6 of title 36, Code of Federal Regulations, or section 1508.4 of title 40, Code of Federal Regulations (or any successor to those regulations).
(c)
National Historic Preservation Act exemption
A covered project for which the Commission is required to issue a permit or that is otherwise subject to the jurisdiction of the Commission shall not be considered an undertaking under section 300320 of title 54, United States Code.