,,ii #aafth ,,congress #ast ,session ,s4 #afii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #c1 #bjai,mr4 ,thune 7for himself and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to streamline siting processes for small cell deployment4 #a4 ,short title ,this ,act may be cited as the ,streamlining ,the ,rapid ,evolution ,and ,modernization of ,leading-edge ,infrastructure ,necessary to ,enhance ,small ,cell ,deployment ,act or the ,,streamline ,small ,cell ,deployment ,act4 #b4 ,preservation of local zoning authority ,section #ccb7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77 is amended by striking paragraph 7#g7 and inserting the following3 7#g7 ,preservation of local zoning authority 7,a7 ,general authority ,except as provided in this paragraph1 nothing in this ,act shall limit or affect the authority of a ,state or local government or instrumentality thereof over decisions regarding the placement1 construction1 and modification of personal wireless service facilities4 7,b7 ,limitations 7i7 ,in general ,except as provided in subparagraph 7,c71 the regulation of the placement1 construction1 or modification of a personal wireless service facility by any ,state or local government or instrumentality thereof-- 7,i7 shall not unreasonably discriminate among providers of functionally equivalent services2 and 7,,ii7 shall not prohibit or have the effect of prohibiting the provision of personal wireless service4 7ii7 ,timeframe ,a ,state or local government or instrumentality thereof shall act on any request for authorization to place1 construct1 or modify a personal wireless service facility within a reasonable period of time after the request is duly filed with the government or instrumentality1 taking into account the nature and scope of the request4 7iii7 ,written decision and record ,any decision by a ,state or local government or instrumentality thereof to deny a request to place1 construct1 or modify a personal wireless service facility shall be-- 7,i7 in writing2 and 7,,ii7 supported by substantial evidence contained in a written record4 7iv7 ,environmental effects of radio frequency emissions ,no ,state or local government or instrumentality thereof may regulate the placement1 construction1 or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that the facilities comply with the ,commission's regulations concerning such emissions4 7v7 ,judicial and administrative review 7,i7 ,judicial review ,any person adversely affected by any final action or failure to act by a ,state or local government or any instrumentality thereof that is inconsistent with this subparagraph may1 within #cj days after the action or failure to act1 commence an action in any court of competent jurisdiction1 which shall hear and decide the action on an expedited basis4 7,,ii7 ,administrative review ,any person adversely affected by an act or failure to act by a ,state or local government or any instrumentality thereof that is inconsistent with clause 7iv7 may petition the ,commission for relief4 7,c7 ,placement1 construction1 and modification of small personal wireless service facilities 7i7 ,in general ,in addition to1 and not in derogation of any of1 the limitations under subparagraph 7,b71 the regulation of the placement1 construction1 or modification of small personal wireless service facilities by any ,state or local government or instrumentality thereof-- 7,i7 shall not unreasonably discriminate among providers of the same service using comparable equipment1 including by providing exclusive or preferential use of facilities to a particular provider or class of providers of personal wireless service2 and 7,,ii7 shall only permit a ,state or local government to approve or deny a permit or other permission to deploy a small personal wireless service facility1 including access to a right-of-way or a facility in a right-of-way owned or managed by the ,state or local government1 based on publicly available criteria that are-- 7aa7 reasonable2 7bb7 objective2 and 7cc7 non-discriminatory4 7ii7 ,engineering standards2 aesthetic requirements ,a ,state or local government or instrumentality thereof may regulate the placement1 construction1 and modification of small personal wireless service facilities for reasons of objective and reasonable-- 7,i7 structural engineering standards based on generally applicable codes2 7,,ii7 safety requirements2 or 7,,iii7 aesthetic or concealment requirements4 7iii7 ,timeframes 7,i7 ,in general ,a ,state or local government or instrumentality thereof shall act on a complete request for authorization to place1 construct1 or modify a small personal wireless service facility not later than-- 7aa7 7,,aa7 for collocation of a small personal wireless service facility1 #fj days after the date on which the complete request is filed1 except as provided in item 7bb72 or 7,,bb7 for any other action relating to a small personal wireless service facility1 #ij days after the date on which the complete request is filed1 except as provided in item 7cc72 7bb7 for collocation of a small personal wireless service facility1 if the ,state or the area under the jurisdiction of the local government has a population of fewer than #ej1jjj people-- 7,,aa7 #ij days after the date on which the complete request is filed1 if during the #cj-;day period ending on that date of filing1 the applicable wireless service provider filed fewer than #ej requests for collocation of a small personal wireless service facility with the ,state or local government or instrumentality thereof2 or 7,,bb7 #abj days after the date on which the complete request is filed1 if during the #cj-;day period ending on that date of filing1 the applicable wireless service provider filed not fewer than #ej requests for collocation of a small personal wireless service facility with the ,state or local government or instrumentality thereof2 or 7cc7 for any other action relating to a small personal wireless service facility1 if the ,state or the area under the jurisdiction of the local government has a population of fewer than #ej1jjj people-- 7,,aa7 #abj days after the date on which the complete request is filed1 if during the #cj-;day period ending on that date of filing1 the applicable wireless service provider filed fewer than #ej requests for any other action relating to a small personal wireless service facility with the ,state or local government or instrumentality thereof2 or 7,,bb7 #aej days after the date on which the complete request is filed1 if during the #cj-;day period ending on that date of filing1 the applicable wireless service provider filed not fewer than #ej requests for any other action relating to a small personal wireless service facility with the ,state or local government or instrumentality thereof4 7,,ii7 ,applicability ,the applicable timeframe under subclause 7,i7 shall apply collectively to all proceedings required by a ,state or local government or instrumentality thereof for the approval of the request4 7,,iii7 ,no tolling ,a timeframe under subclause 7,i7 may not be tolled by any moratorium1 whether express or de facto1 imposed by a ,state or local government on the consideration of any request for authorization to place1 construct1 or modify a small personal wireless service facility4 7,,iv7 ,temporary waiver ,the ,commission may temporarily waive the applicability of subclause 7,i7 for not longer than a single #cj-;day period for any complete request upon a demonstration by a ,state or local government that the waiver would be consistent with the public interest1 convenience1 and necessity4 7iv7 ,deemed granted ,if a ,state or local government or instrumentality thereof has neither granted nor denied a request within the applicable timeframe under subclause 7,i7 of clause 7iii71 including any temporary waiver granted under subclause 7,,iv7 of that clause1 the request shall be deemed granted on the date that is #ca days after the date on which the government instrumentality receives a written notice of the failure from the applicant4 7v7 ,fees ,notwithstanding any other provision of law1 a ,state or local government may charge a fee to consider an application for the placement1 construction1 or modification of a small personal wireless facility1 or to use a right-of-way or a facility in a right-of-way owned or managed by the ,state or local government for the placement1 construction1 or modification of a small personal wireless facility1 if the fee is-- 7,i7 competitively neutral1 technology neutral1 and nondiscriminatory2 7,,ii7 publicly disclosed2 and 7,,iii7 7aa7 except as provided in item 7bb71 based on actual and direct costs1 such as costs for-- 7,,aa7 review and processing of applications2 7,,bb7 maintenance2 7,,cc7 emergency responses2 7,,dd7 repairs and replacement of components and materials resulting from and affected by the installation of small personal wireless facilities1 improvements1 and equipment that facilitates the deployment and installation of such facilities2 or 7,,ee7 inspections2 or 7bb7 calculated in accordance with section #bbd1 in the case of a fee charged for the placement1 construction1 or modification of a small personal wireless facility on a pole1 in a right-of-way1 or on any other facility that may be established under that section4 7vi7 ,rule of construction ,nothing in this subparagraph shall be construed to prevent any ,state or local government from imposing any additional limitation or requirement relating to consideration by the ,state or local government of an application for the placement1 construction1 or modification of a small personal wireless service facility4 7,d7 ,definitions ,for purposes of this paragraph-- 7i7 the term antenna means an apparatus designed for the purpose of emitting radiofrequency radiation1 to be operated or operating from a fixed location for the transmission of writing1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds2 7ii7 the term communications network means a network used to provide a communications service2 7iii7 the term communications service means-- 7,i7 cable service1 as defined in section #fjb2 7,,ii7 information service2 7,,iii7 telecommunications service2 or 7,,iv7 personal wireless service2 7iv7 the term complete request means a request for which the applicant has not received written notice from the ,state or local government within #aj business days of submission-- 7,i7 stating in writing that the request is incomplete2 and 7,,ii7 identifying the information causing the request to be incomplete2 7v7 the term generally applicable code includes a uniform building1 fire1 electrical1 plumbing1 or mechanical code adopted by a national code organization1 or a local amendment to such a code1 to the extent not inconsistent with this ,act2 7vi7 the term network interface device means a telecommunications demarcation device and cross-connect point that-- 7,i7 is adjacent or proximate to-- 7aa7 a small personal wireless service facility2 or 7bb7 a structure supporting a small personal wireless service facility2 and 7,,ii7 demarcates the boundary with any wireline backhaul facility2 7vii7 the term personal wireless service means-- 7,i7 commercial mobile service2 7,,ii7 commercial mobile data service 7as that term is defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja772 7,,iii7 unlicensed wireless service2 and 7,,iv7 common carrier wireless exchange access service2 7viii7 the term personal wireless service facility means a facility for the provision of personal wireless service2 7ix7 the term small personal wireless service facility-- 7,i7 means a personal wireless service facility in which each antenna is not more than #c cubic feet in volume2 and 7,,ii7 does not include a wireline backhaul facility2 7x7 the term unlicensed wireless service-- 7,i7 means the offering of telecommunications service using a duly authorized device that does not require an individual license2 and 7,,ii7 does not include the provision of direct-to-home satellite service1 as defined in section #cjc7v72 and 7xi7 the term wireline backhaul facility means an above-ground or underground wireline facility used to transport communications service or other electronic communications from a small personal wireless service facility or its adjacent network interface device to a communications network4 4 #c4 ,,gao study of broadband deployment on tribal land and on or near trust land ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 in consultation with the ,secretary of ,agriculture1 the ,director of the ,bureau of ,indian ,affairs1 and the ,federal ,communications ,commission1 study the process for obtaining a grant of a right-of-way to deploy broadband infrastructure on ,tribal land or on or near trust land1 as defined in section #cgfe of title #ch1 ,united ,states ,code2 7#b7 in conducting the study under paragraph 7#a71 consider the unique challenges involved in broadband deployment on ,tribal land and on or near trust land2 and 7#c7 submit to ,congress a report on the study conducted under paragraph 7#a74