,,ib ,union ,calendar ,no4 #ecb #aaith ,,congress #b;d ,session ,h4 ,r4 #bbhi ,report ,no4 #aai-fad1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,march #bd1 #bjbe,mr4 ,carter of ,georgia introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,april #ae1 #bjbf;,additional sponsors3 ,mr4 ,crenshaw1 ,mr4 ,allen1 ,mr4 ,griffith1 ,mr4 ,latta1 ,mrs4 ,houchin1 ,mr4 ,fry1 ,mr4 ,weber of ,texas1 ,mr4 ,goldman of ,texas1 ,mr4 ,dunn of ,florida1 ,mr4 ,obernolte1 ,mr4 ,balderson1 ,mr4 ,bilirakis1 ,mr4 ,joyce of ,pennsylvania1 and ,mrs4 ,harshbarger ,april #ae1 #bjbf,reported from the ,committee on ,energy and ,commerce with amendments,strike out all after the enacting clause and insert the part printed in italic ,april #ae1 #bjbf;,committee on ,natural ,resources discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,march #bd1 #bjbe ,a ,,bill ,to provide that an eligible facilities request under section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab is not subject to requirements to prepare certain environmental or historical preservation reviews4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,broadband ,deployment ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,state and ,local ,siting ,processes,sec4 #aja4 ,preservation of local zoning authority4,sec4 #ajb4 ,removal of barriers to entry4,sec4 #ajc4 ,requests for modification of certain existing wireless and wireline communications facilities4,title ,,ii--,cable,sec4 #bja4 ,request for new franchise4,sec4 #bjb4 ,request regarding placement1 construction1 or modification of cable equipment4,sec4 #bjc4 ,cable franchise term and termination4,sec4 #bjd4 ,sales of cable systems4,title ,,iii--,environmental and ,historic ,preservation ,reviews,sec4 #cja4 ,application of ,,nepa and ,,nhpa to certain communications projects4,sec4 #cjb4 ,presumption with respect to certain complete ,,fcc forms4,sec4 #cjc4 ,rule of construction4,sec4 #cjd4 ,definitions4,title ,,iv--,other ,matters,sec4 #dja4 ,timely consideration of applications for ,federal easements1 rights-of-way1 and leases4,sec4 #djb4 ,report on fees4 ,i ,state and ,local ,siting ,processes #aja4 ,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 or modification of personal wireless service facilities4 7,b7 ,limitations 7i7 ,in general ,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 discriminate among personal wireless service facilities or providers of communications service1 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 not prohibit or have the effect of prohibiting the provision1 improvement1 or enhancement of personal wireless service4 7ii7 ,engineering standards2 aesthetic requirements ,it is not a violation of clause 7i7 for a ,state or local government or instrumentality thereof to establish for personal wireless service facilities1 or structures that support such facilities1 objective1 reasonable1 and nondiscriminatory-- 7,i7 structural engineering standards based on generally applicable codes2 7,,ii7 safety requirements 7subject to clause 7vi772 or 7,,iii7 aesthetic or concealment requirements1 unless such requirements prohibit or have the effect of prohibiting the installation or modification of such facilities or structures4 7iii7 ,timeframes 7,i7 ,in general ,a ,state or local government or instrumentality thereof shall grant or deny a request for authorization to place1 construct1 or modify a personal wireless service facility not later than-- 7aa7 in the case of a request for authorization to place1 construct1 or modify a personal wireless service facility that is not a small personal wireless service facility-- 7,,aa7 if the request is for authorization to place1 construct1 or modify such facility using an existing structure1 including with respect to an area that has not previously been zoned for personal wireless service facilities 7other than small personal wireless service facilities71 #ij days after the date on which the request is submitted by the requesting party to the government or instrumentality2 or 7,,bb7 if the request is for any other action relating to such facility1 #aej days after the date on which the request is submitted by the requesting party to the government or instrumentality2 and 7bb7 in the case of a request for authorization to place1 construct1 or modify a small personal wireless service facility-- 7,,aa7 if the request is for authorization to place1 construct1 or modify such facility using an existing structure1 including with respect to an area that has not previously been zoned for personal wireless service facilities1 #fj days after the date on which the request is submitted by the requesting party to the government or instrumentality2 or 7,,bb7 if the request is for any other action relating to such facility1 #ij days after the date on which the request is submitted by the requesting party to the government or instrumentality4 7,,ii7 ,treatment of batched requests ,in the case of requests described in subclause 7,i7 that are submitted as part of a single batch by the requesting party to the government or instrumentality on the same day1 the applicable timeframe under such subclause for each request in the batch shall be the longest timeframe under such subclause that would be applicable to any request in the batch if such requests were submitted separately4 7,,iii7 ,applicability ,the applicable timeframe under subclause 7,i7 shall apply collectively to all proceedings1 including related permits and authorizations1 required by a ,state or local government or instrumentality thereof for the approval of the request4 7,,iv7 ,no moratoria ,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 or instrumentality thereof on the submission1 acceptance1 or consideration of any request for authorization to place1 construct1 or modify a personal wireless service facility4 7,v7 ,tolling due to incompleteness 7aa7 ,initial request incomplete 7,,aa7 ,small personal wireless service facilities ,if1 not later than #aj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a request for authorization to place1 construct1 or modify a small personal wireless service facility1 the government or instrumentality provides to the requesting party a written notice described in item 7cc7 with respect to the request1 the timeframe described in subclause 7,i7 is tolled with respect to the request and shall restart at zero on the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice4 7,,bb7 ,other personal wireless service facilities ,if1 not later than #cj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a request for authorization to place1 construct1 or modify a personal wireless service facility that is not a small personal wireless service facility1 the government or instrumentality provides to the requesting party a written notice described in item 7cc7 with respect to the request1 the timeframe described in subclause 7,i7 is tolled with respect to the request until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice4 7bb7 ,supplemental submission incomplete ,if1 not later than #aj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a supplemental submission in response to a written notice described in item 7cc71 the government or instrumentality provides to the requesting party a written notice described in item 7cc7 with respect to the supplemental submission1 the timeframe under subclause 7,i7 is further tolled until the date on which the requesting party submits to the government or instrumentality a subsequent supplemental submission in response to the notice4 7cc7 ,written notice described ,the written notice described in this item is1 with respect to a request described in subclause 7,i7 or a supplemental submission described in item 7aa7 or 7bb7 submitted to a ,state or local government or instrumentality thereof by a requesting party1 a written notice from the government or instrumentality to the requesting party-- 7,,aa7 stating that all of the information 7including any form or other document7 required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted2 7,,bb7 identifying the information described in subitem 7,,aa7 that was not submitted2 and 7,,cc7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the government or instrumentality requiring that such information be submitted with such a request4 7dd7 ,limitation on subsequent written notice ,if a written notice provided by a ,state or local government or instrumentality thereof to a requesting party under item 7bb7 with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subclause in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the requesting party4 7,,vi7 ,tolling by mutual agreement ,the timeframe under subclause 7,i7 may be tolled once1 for a period of not more than #cj days1 by mutual agreement between the ,state or local government or instrumentality thereof and the requesting party4 7iv7 ,deemed granted 7,i7 ,in general ,if a ,state or local government or instrumentality thereof fails to take final action to grant or deny a request within the applicable timeframe under subclause 7,i7 of clause 7iii71 the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure from the requesting party4 7,,ii7 ,rule of construction ,in the case of a request that is deemed granted under subclause 7,i71 the placement1 construction1 or modification requested in the request shall be considered to be authorized1 without any further action by the government or instrumentality1 beginning on the date on which the request is deemed granted under such subclause4 7v7 ,written decision and record ,any decision by a ,state or local government or instrumentality thereof to deny a request for authorization to place1 construct1 or modify a personal wireless service facility shall be-- 7,i7 in writing2 7,,ii7 supported by substantial evidence contained in a written record2 and 7,,iii7 publicly released1 and provided to the requesting party1 on the same day such decision is made4 7vi7 ,environmental effects of radio frequency emissions ,no ,state or local government or instrumentality thereof may regulate the operation1 placement1 construction1 or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities or structures comply with the ,commission's regulations concerning such emissions4 7vii7 ,fees ,to the extent permitted by law1 a ,state or local government or instrumentality thereof may charge a fee to consider a request for authorization to place1 construct1 or modify a personal wireless service facility or a fee for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement1 construction1 or modification of a personal wireless service facility1 if the fee is-- 7,i7 competitively neutral1 technology neutral1 and nondiscriminatory2 7,,ii7 established in advance and publicly disclosed2 7,,iii7 calculated-- 7aa7 based on actual and direct costs for-- 7,,aa7 review and processing of requests2 and 7,,bb7 repairs and replacement of components and materials directly resulting from and affected by the placement1 construction1 or modification 7including the installation or improvement7 of personal wireless service facilities or repairs and replacement of equipment that facilitates the placement1 construction1 or modification 7including the installation or improvement7 of such facilities2 and 7bb7 using1 for purposes of item 7aa71 only costs that are objectively reasonable2 and 7,,iv7 described to a requesting party in a manner that distinguishes between-- 7aa7 nonrecurring fees and recurring fees2 and 7bb7 the use of facilities on which personal wireless service facilities are already located and facilities on which there are no personal wireless service facilities as of the date on which the request is submitted by the requesting party to the government or instrumentality4 7,c7 ,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 paragraph 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,d7 ,when request considered submitted ,for the purposes of this paragraph1 a request to a ,state or local government or instrumentality thereof shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7i7 to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request2 or 7ii7 in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a request1 to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure4 7,e7 ,rule of construction ,nothing in this paragraph may be construed to affect section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a774 7,f7 ,effect of regulations ,any regulation promulgated by the ,commission to implement this paragraph 7including any interpretation of the requirements of and terms used in this paragraph contained in any such regulation7 shall be binding on a court in any action under subparagraph 7,c74 7,g7 ,definitions ,in this paragraph3 7i7 ,antenna ,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 kinds4 7ii7 ,communications network ,the term communications network means a network used to provide a communications service4 7iii7 ,communications service ,the term communications service means each of-- 7,i7 cable service1 as defined in section #fjb2 7,,ii7 information service2 7,,iii7 telecommunications service2 and 7,,iv7 personal wireless service4 7iv7 ,generally applicable code ,the term generally applicable code means 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 ,act4 7v7 ,network interface device ,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 facility4 7vi7 ,personal wireless service ,the term personal wireless service means any fixed or mobile service 7other than a broadcasting service7 provided via licensed or unlicensed frequencies1 including-- 7,i7 commercial mobile service2 7,,ii7 commercial mobile data service 7as 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 service4 7vii7 ,personal wireless service facility ,the term personal wireless service facility means a facility used to provide or support the provision of personal wireless service4 7viii7 ,small personal wireless service facility ,the term small personal wireless service facility means a personal wireless service facility-- 7,i7 that is mounted-- 7aa7 on a structure #ej feet or less in height 7including any antenna72 or 7bb7 on a structure not more than #aj percent taller than other adjacent structures2 7,,ii7 that does not extend the structure on which such facility is mounted to a height of more than #ej feet or by more than #aj percent1 whichever is greater2 and 7,,iii7 in which each antenna is not more than #c cubic feet in volume 7excluding a wireline backhaul facility connected to such personal wireless service facility74 7ix7 ,unlicensed wireless service ,the term unlicensed wireless service-- 7,i7 means the offering of telecommunications service or information 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 services1 as defined in section #cjc7v74 7x7 ,wireline backhaul facility ,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 the adjacent network interface device of such facility to a communications network4 4 #ajb4 ,removal of barriers to entry ,section #bec of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bec7 is amended to read as follows3 #bec4 ,removal of barriers to entry 7a7 ,in general ,no ,state or local statute or regulation1 or other ,state or local legal requirement1 may prohibit or have the effect of prohibiting the ability of any entity to provide1 improve1 or enhance the provision of any interstate or intrastate telecommunications service4 7b7 ,placement1 construction1 or modification of telecommunications service facilities 7#a7 ,prohibition on discrimination ,the regulation of the placement1 construction1 or modification of a telecommunications service facility by a ,state or local government or instrumentality thereof may not discriminate-- 7,a7 among telecommunications service facilities-- 7i7 based on the technology used to provide services2 or 7ii7 based on the services provided2 or 7,b7 against telecommunications service facilities1 as compared to the regulation of the placement1 construction1 or modification of other facilities4 7#b7 ,timeframe to grant or deny requests 7,a7 ,in general ,a ,state or local government or instrumentality thereof shall grant or deny a request for authorization to place1 construct1 or modify a telecommunications service facility not later than-- 7i7 if the request is for authorization to place1 construct1 or modify such facility in or on eligible support infrastructure1 #ij days after the date on which the request is submitted by the requesting party to the government or instrumentality2 or 7ii7 for any other action relating to such facility1 #aej days after the date on which the request is submitted by the requesting party to the government or instrumentality4 7,b7 ,applicability ,the applicable timeframe under subparagraph 7,a7 shall apply collectively to all proceedings1 including related permits and authorizations1 required by a ,state or local government or instrumentality thereof for the approval of the request4 7,c7 ,no moratoria ,a timeframe under subparagraph 7,a7 may not be tolled by any moratorium1 whether express or de facto1 imposed by a ,state or local government or instrumentality thereof on the submission1 acceptance1 or consideration of requests for authorization to place1 construct1 or modify a telecommunications service facility4 7,d7 ,tolling due to incompleteness 7i7 ,initial request incomplete ,if1 not later than #cj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a request for authorization to place1 construct1 or modify a telecommunications service facility1 the government or instrumentality provides to the requesting party a written notice described in clause 7iii7 with respect to the request1 the timeframe described in subparagraph 7,a7 is tolled with respect to the request until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice4 7ii7 ,supplemental submission incomplete ,if1 not later than #aj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a supplemental submission in response to a written notice described in clause 7iii71 the government or instrumentality provides to the requesting party a written notice described in clause 7iii7 with respect to the supplemental submission1 the timeframe under subparagraph 7,a7 is further tolled until the date on which the requesting party submits to the government or instrumentality a subsequent supplemental submission in response to the notice4 7iii7 ,written notice described ,the written notice described in this clause is1 with respect to a request described in subparagraph 7,a7 or a supplemental submission described in clause 7i7 or 7ii7 submitted to a ,state or local government or instrumentality thereof by a requesting party1 a written notice from the government or instrumentality to the requesting party-- 7,i7 stating that all of the information 7including any form or other document7 required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted2 7,,ii7 identifying the information described in subclause 7,i7 that was not submitted2 and 7,,iii7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the government or instrumentality requiring that such information be submitted with such a request4 7iv7 ,limitation on subsequent written notice ,if a written notice provided by a ,state or local government or instrumentality thereof to a requesting party under clause 7ii7 with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the requesting party4 7,e7 ,tolling by mutual agreement ,the timeframe under subparagraph 7,a7 may be tolled once1 for a period of not more than #cj days1 by mutual agreement between the ,state or local government or instrumentality thereof and the requesting party4 7#c7 ,deemed granted 7,a7 ,in general ,if a ,state or local government or instrumentality thereof has neither granted nor denied a request within the applicable timeframe under paragraph 7#b71 the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure to grant or deny from the requesting party4 7,b7 ,rule of construction ,in the case of a request that is deemed granted under subparagraph 7,a71 the placement1 construction1 or modification requested in such request shall be considered to be authorized1 without any further action by the government or instrumentality1 beginning on the date on which such request is deemed granted under such subparagraph4 7#d7 ,written decision and record ,a decision by a ,state or local government or instrumentality thereof to deny a request to place1 construct1 or modify a telecommunications service facility shall be-- 7,a7 in writing2 7,b7 supported by substantial evidence contained in a written record2 and 7,c7 publicly released1 and provided to the requesting party1 on the same day such decision is made4 7#e7 ,fees 7,a7 ,in general ,to the extent permitted by law1 a ,state or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph 7,b7-- 7i7 to consider a request for authorization to place1 construct1 or modify a telecommunications service facility2 or 7ii7 for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement1 construction1 or modification of a telecommunications service facility4 7,b7 ,requirements ,a fee charged under subparagraph 7,a7 shall be-- 7i7 competitively neutral1 technology neutral1 and nondiscriminatory2 7ii7 established in advance and publicly disclosed2 7iii7 calculated-- 7,i7 based on actual and direct costs for-- 7aa7 review and processing of requests2 and 7bb7 repairs and replacement of-- 7,,aa7 components and materials directly resulting from and affected by the placement1 construction1 or modification 7including the installation or improvement7 of telecommunications service facilities2 or 7,,bb7 equipment that facilitates the placement1 construction1 or modification 7including the installation or improvement7 of such facilities2 and 7,,ii7 using1 for purposes of subclause 7,i71 only costs that are objectively reasonable2 and 7iv7 described to a requesting party in a manner that distinguishes between-- 7,i7 nonrecurring fees and recurring fees2 and 7,,ii7 the use of facilities on which telecommunications service facilities or infrastructure for compatible uses are already located and facilities on which there are no telecommunications service facilities or infrastructure for compatible uses as of the date on which the request is submitted by the requesting party to the government or instrumentality4 7c7 ,judicial review 7#a7 ,in general ,a person adversely affected by a ,state or local statute1 regulation1 or other legal requirement1 or by a final action or failure to act by a ,state or local government or instrumentality thereof1 that is inconsistent with this section may commence an action in any court of competent jurisdiction4 7#b7 ,timing 7,a7 ,expedited basis ,a court shall hear and decide an action commenced under paragraph 7#a7 on an expedited basis4 7,b7 ,final action or failure to act ,an action may only be commenced under paragraph 7#a7 on the basis of a final action or failure to act by a ,state or local government or instrumentality thereof1 if commenced not later than #cj days after such action or failure to act4 7d7 ,preservation of ,state regulatory authority ,nothing in this section shall affect the ability of a ,state to impose1 on a competitively neutral and nondiscriminatory basis and consistent with section #bed1 requirements necessary to preserve and advance universal service1 protect the public safety and welfare1 ensure the continued quality of telecommunications services1 and safeguard the rights of consumers4 7e7 ,preservation of ,state and local government authority ,except as explicitly set forth in this section1 nothing in this section affects the authority of a ,state or local government or instrumentality thereof to manage1 on a competitively neutral and nondiscriminatory basis1 the public rights-of-way or to require1 on a competitively neutral and nondiscriminatory basis1 fair and reasonable compensation from telecommunications providers for use of public rights-of-way1 if the compensation required meets the requirements of subsection 7b77#e74 7f7 ,preemption 7#a7 ,in general ,if1 after notice and an opportunity for public comment1 the ,commission determines that a ,state or local government or instrumentality thereof has permitted or imposed a statute1 regulation1 or legal requirement that violates or is inconsistent with this section1 the ,commission shall preempt the enforcement of such statute1 regulation1 or legal requirement to the extent necessary to correct such violation or inconsistency4 7#b7 ,timing ,not later than #abj days after receiving a petition for preemption of the enforcement of a statute1 regulation1 or legal requirement as described in paragraph 7#a71 the ,commission shall grant or deny the petition4 7g7 ,commercial mobile service providers2 cable operators ,nothing in this section shall affect the application of section #ccb7;c77#c7 to commercial mobile service providers or section #fba to cable operators4 7h7 ,rural markets ,it shall not be a violation of this section for a ,state to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section #bad7;e77#a7 for designation as an eligible telecommunications carrier for that area before being permitted to provide such service4 ,this subsection shall not apply-- 7#a7 to a service area served by a rural telephone company that has obtained an exemption1 suspension1 or modification of section #bea7;c77#d7 that effectively prevents a competitor from meeting the requirements of section #bad7;e77#a72 and 7#b7 to a provider of commercial mobile services4 7i7 ,when request considered submitted ,for the purposes of this section1 a request to a ,state or local government or instrumentality thereof shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7#a7 to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request2 or 7#b7 in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a request1 to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure4 7j7 ,effect of regulations ,any regulation promulgated by the ,commission to implement this section 7including any interpretation of the requirements of and terms used in this section contained in any such regulation7 shall be binding on a court in any action under subsection 7c74 7k7 ,definitions ,in this section3 7#a7 ,eligible support infrastructure ,the term eligible support infrastructure means infrastructure that supports or houses a telecommunications service facility 7or that is designed for or capable of supporting or housing such a facility7 at the time when a request to a ,state or local government or instrumentality thereof for authorization to place1 construct1 or modify a telecommunications service facility in or on the infrastructure is submitted by the requesting party to the government or instrumentality4 7#b7 ,telecommunications service facility ,the term telecommunications service facility-- 7,a7 means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service2 and 7,b7 includes a facility described in subparagraph 7,a7 that is used to provide other services4 4 #ajc4 ,requests for modification of certain existing wireless and wireline communications facilities 7a7 ,in general ,section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 is amended-- 7#a7 in the heading1 by striking ,wireless and inserting ,communications2 and 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking a ,state or local government and all that follows and inserting the following3 a ,state or local government or instrumentality thereof may not deny1 and shall approve-- 7,a7 any eligible facilities request for a modification of an existing wireless tower1 base station1 or eligible support structure that does not substantially change the physical dimensions of such wireless tower1 base station1 or eligible support structure2 and 7,b7 any eligible wireline communications facilities request for a modification of an existing wireline communications facility that does not substantially change the physical dimensions of such facility4 2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,timeframe 7,a7 ,deemed approval 7i7 ,in general ,if a ,state or local government or instrumentality thereof does not1 before or on the date that is #fj days after the date on which a requesting party submits to the government or instrumentality a request as an eligible facilities request or an eligible wireline communications facilities request 7as the case may be71 approve the request or make the determination and provide the written notice described in subparagraph 7,b7 with respect to the request1 the request is deemed approved on the day after the date that is #fj days after the date on which the requesting party submits the request4 7ii7 ,rule of construction ,in the case of a request that is deemed approved under clause 7i71 the modification requested in the request shall be authorized1 without any further action by the government or instrumentality1 beginning on the date on which the request is deemed approved under such clause4 7,b7 ,determination request is not an eligible request 7i7 ,determination described ,the determination described in this subparagraph is a determination by a ,state or local government or instrumentality thereof that a request described in subparagraph 7,a77i7 is not an eligible facilities request or an eligible wireline communications facilities request 7as the case may be74 7ii7 ,written notice described ,the written notice described in this subparagraph is a written notice of the determination described in clause 7i7 provided by the government or instrumentality to the requesting party that clearly describes the reasons why the request is not an eligible facilities request or an eligible wireline communications facilities request 7as the case may be7 and includes a citation to a specific provision of this subsection or the regulations promulgated under this subsection relied upon for the determination4 7,c7 ,tolling due to incompleteness 7i7 ,initial request incomplete ,if1 not later than #cj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a request described in subparagraph 7,a77i71 the government or instrumentality provides to the requesting party a written notice described in clause 7iii7 with respect to the request1 the #fj-;day timeframe under subparagraph 7,a77i7 is tolled until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice4 7ii7 ,supplemental submission incomplete ,if1 not later than #aj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a supplemental submission in response to a written notice described in clause 7iii71 the government or instrumentality provides to the requesting party a written notice described in clause 7iii7 with respect to the supplemental submission1 the #fj-;day timeframe under subparagraph 7,a77i7 is further tolled until the date on which the requesting party submits to the government or instrumentality a subsequent supplemental submission in response to the notice4 7iii7 ,written notice described ,the written notice described in this clause is1 with respect to a request described in subparagraph 7,a77i7 or a supplemental submission described in clause 7i7 or 7ii7 submitted to a ,state or local government or instrumentality thereof by a requesting party1 a written notice from the government or instrumentality to the requesting party-- 7,i7 stating that all of the information 7including any form or other document7 required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted2 7,,ii7 identifying the information described in subclause 7,i7 that was not submitted2 and 7,,iii7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the government or instrumentality requiring that such information be submitted with such a request4 7iv7 ,limitation 7,i7 ,initial written notice ,if a written notice provided by a ,state or local government or instrumentality thereof to a requesting party under clause 7i7 with respect to a request described in subparagraph 7,a77i7 identifies as not having been submitted any information that the government or instrumentality is prohibited by paragraph 7#e7 from requiring to be submitted1 such notice shall be treated as not having been provided to the requesting party4 7,,ii7 ,subsequent written notice ,if a written notice provided by a ,state or local government or instrumentality thereof to a requesting party under clause 7ii7 with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the requesting party4 7,d7 ,tolling by mutual agreement ,the #fj-;day timeframe under subparagraph 7,a77i7 may be tolled once1 for a period of not more than #cj days1 by mutual agreement between the ,state or local government or instrumentality thereof and the requesting party4 2 and 7,c7 by adding at the end the following3 7#d7 ,when request considered submitted 7,a7 ,in general ,for the purposes of this subsection1 a request described in paragraph 7#b77;,a77i7 shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7i7 to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request2 or 7ii7 in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a request1 to submit to the government or instrumentality the type of filing that is typically required to initiate a standard review for a similar facility or structure4 7,b7 ,no pre-application requirements ,a ,state or local government or instrumentality thereof may not require a requesting party to undertake any process1 meeting1 or other step prior to or as a prerequisite to a request being considered submitted4 7#e7 ,limitation on required documentation ,a ,state or local government or instrumentality thereof may require a requesting party submitting a request as an eligible facilities request or an eligible wireline communications facilities request to submit information 7including a form or other document7 with such request only to the extent that such information is reasonably related to determining whether such request is an eligible facilities request or an eligible wireline communications facilities request 7as the case may be7 and is identified in a publicly available rule1 regulation1 or standard issued by the government or instrumentality requiring that such information be submitted with such a request4 ,a ,state or local government or instrumentality thereof may not require a requesting party to submit any other documentation or information with such a request4 7#f7 ,enforcement 7,a7 ,in general ,a requesting party may bring an action in any district court of the ,united ,states to enforce the provisions of this subsection4 7,b7 ,expedited review ,a district court of the ,united ,states shall consider an action under subparagraph 7,a7 on an expedited basis4 7#g7 ,effect of regulations ,any regulation promulgated by the ,commission to implement this subsection 7including any interpretation of the requirements of and terms used in this subsection contained in any such regulation7 shall be binding on a court in any action under paragraph 7#f74 7#h7 ,definitions ,in this subsection3 7,a7 ,eligible facilities request ,the term eligible facilities request means any request for a modification of an existing wireless tower1 base station1 or eligible support structure that does not substantially change the physical dimensions of such wireless tower1 base station1 or eligible support structure and that involves-- 7i7 collocation of new transmission equipment2 7ii7 removal of transmission equipment2 7iii7 replacement of transmission equipment2 or 7iv7 placement1 construction1 or modification of equipment that-- 7,i7 improves the resiliency of the wireless tower1 base station1 or eligible support structure2 and 7,,ii7 provides a direct benefit to public safety1 such as-- 7aa7 providing backup power for the wireless tower1 base station1 or eligible support structure2 7bb7 hardening the wireless tower1 base station1 or eligible support structure2 or 7cc7 providing more reliable connection capability using the wireless tower1 base station1 or eligible support structure4 7,b7 ,eligible support structure ,the term eligible support structure means a structure that1 at the time when an eligible facilities request for a modification of such structure is submitted to a ,state or local government or instrumentality thereof1 supports or could support transmission equipment4 7,c7 ,eligible wireline communications facilities request ,the term eligible wireline communications facilities request means any request for a modification of an existing wireline communications facility that does not substantially change the physical dimensions of such facility and that involves-- 7i7 collocation of new wireline communications facility equipment2 7ii7 removal of wireline communications facility equipment2 or 7iii7 replacement of wireline communications facility equipment4 7,d7 ,transmission equipment ,the term transmission equipment has the meaning given such term in section #a4fajj7;b77#h7 of title #dg1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of this paragraph74 7,e7 ,wireline communications facility ,the term wireline communications facility means a communications facility installation1 to the extent such installation is associated with wireline transmissions4 4 7b7 ,implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,communications ,commission shall issue final rules to implement the amendments made by subsection 7a74 7c7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any eligible facilities request or eligible wireline communications facilities request described in paragraph 7#a7 of section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77 that is submitted 7as determined under paragraph 7#d7 of such section1 as added by subsection 7a77 by a requesting party on or after the date of the enactment of this ,act4 ,,ii ,cable #bja4 ,request for new franchise ,section #fba of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eda7 is amended by adding at the end the following3 7g7 ,timing of decision on request for franchise 7#a7 ,in general ,not later than #abj days after the date on which a requesting party submits to a franchising authority a request for the grant of a franchise1 the franchising authority shall approve or deny such request4 7#b7 ,deemed grant of new franchise ,if the franchising authority does not approve or deny a request under paragraph 7#a7 by the day after the date on which the time period ends under such paragraph1 such request shall be deemed granted on such day4 7#c7 ,applicability ,notwithstanding any provision of this title1 the timeframe under paragraph 7#a7 shall apply collectively to all proceedings required by a franchising authority for the approval of the request4 7#d7 ,no moratoria ,a timeframe under paragraph 7#a7 may not be tolled by any moratorium1 whether express or de facto1 imposed by a franchising authority on the consideration of any request for a franchise4 7#e7 ,tolling due to incompleteness 7,a7 ,initial request incomplete ,if1 not later than #cj days after the date on which a franchising authority provides to a requesting party a written notice described in subparagraph 7,c7 with respect to a request described in paragraph 7#a71 the timeframe described in such paragraph is tolled with respect to the request until the date on which the requesting party submits to the franchising authority a supplemental submission in response to the notice4 7,b7 ,supplemental submission incomplete ,if1 not later than #aj days after the date on which a requesting party submits to the franchising authority a supplemental submission in response to a written notice described in subparagraph 7,a71 the franchising authority provides to the requesting party a written notice described in subparagraph 7,a7 with respect to the supplemental submission1 the timeframe under paragraph 7#a7 is further tolled until the date on which the requesting party submits to the franchising authority a subsequent supplemental submission in response to the notice4 7,c7 ,written notice described ,the written notice described in this subparagraph is1 with respect to a request described in paragraph 7#a7 or a supplemental submission described in subparagraph 7,a7 or 7,b7 submitted to a franchising authority by a requesting party1 a written notice from the franchising authority to the requesting party-- 7i7 stating that all of the information 7including any form or other document7 required by the franchising authority to be submitted for the request to be considered complete has not been submitted2 7ii7 identifying the information described in clause 7i7 that was not submitted2 7iii7 demonstrating that such information is reasonable and directly related to determining the qualifications of the requesting party to operate the cable system2 and 7iv7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the franchising authority requiring that such information be submitted with such a request4 7,d7 ,limitation on subsequent written notice ,if a written notice provided by a franchising authority to a requesting party under subparagraph 7,a7 with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the requesting party4 7#f7 ,tolling by mutual agreement ,the timeframe under paragraph 7#a7 may be tolled once1 for a period of not more than #cj days1 by mutual agreement between the franchising authority and the requesting party4 7#g7 ,written decision and record ,any decision by a franchising authority to deny a request for a franchise shall be-- 7,a7 in writing2 7,b7 supported by substantial evidence contained in a written record2 and 7,c7 publicly released1 and provided to the requesting party1 on the same day such decision is made4 7#h7 ,when request considered submitted ,for the purposes of this subsection1 a request to a franchising authority shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7,a7 to submit such request in accordance with the procedures established by the franchising authority for the review and approval of such a request2 or 7,b7 in the case of a franchising authority that has not established specific procedures for the review and approval of such a request1 to submit to the franchising authority the type of filing that is typically required of a cable operator to initiate a standard review for a request related to a franchise4 4 #bjb4 ,request regarding placement1 construction1 or modification of cable equipment 7a7 ,in general ,section #fbd of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edd7 is amended by adding at the end the following3 7j7 ,request regarding placement1 construction1 or modification of facilities 7#a7 ,no effect on authority of certain entities ,except as provided in this subsection1 nothing in this title shall limit or affect the authority of a covered entity over-- 7,a7 decisions regarding the placement1 construction1 or modification of covered equipment within the jurisdiction of such covered entity2 or 7,b7 safety standards for the placement1 construction1 or modification of such covered equipment4 7#b7 ,limitations 7,a7 ,ability to provide or enhance service ,with respect to the regulation by a covered entity for the placement1 construction1 or modification of covered equipment1 the covered entity shall not prohibit or have the effect of prohibiting the ability of a cable operator to provide1 improve1 or enhance the provision of service using covered equipment under a franchise granted by such covered entity1 or within the jurisdiction of such covered entity1 as so may be the case4 7,b7 ,no imposition of certain conditions ,a covered entity shall not1 in connection with a request for authorization to place1 construct1 or modify covered equipment made after the date of the enactment of this subsection1 impose on the requesting party-- 7i7 any requirement that the requesting party1 as a condition of obtaining such authorization1 install1 or pay for the installation of1 any conduit or fiber for use by the covered entity or any person other than the requesting party2 7ii7 any requirement that the requesting party prepare or pay for the preparation of any environmental1 engineering1 network design1 mapping1 or other survey or study unrelated to the request2 or 7iii7 any other condition for obtaining such authorization1 unless such condition is specific to the precise geographic location at which the covered equipment is being placed1 constructed1 or modified4 7,c7 ,timing of decisions on requests for authorizations to place1 construct1 or modify facility 7i7 ,timeframe ,a covered entity shall approve or deny a request for authorization to place1 construct1 or modify covered equipment not later than-- 7,i7 if the request is for authorization to place1 construct1 or modify covered equipment in or on a covered easement or eligible support infrastructure1 #ij days after the date on which requesting party submits the request to the covered entity2 or 7,,ii7 if the request is not for authorization to place1 construct1 or modify covered equipment in or on a covered easement or eligible support infrastructure1 #aej days after the date on which the requesting party submits the request to the covered entity4 7ii7 ,deemed granted ,if a covered entity fails to grant or deny a request by the applicable timeframe under clause 7i71 the request shall be deemed granted and authorized on the date on which the covered entity receives written notice of the failure from the requesting party4 7iii7 ,applicability ,notwithstanding any provision of this title1 the applicable timeframe under clause 7i7 shall apply collectively to all proceedings1 including related permits and authorizations1 required by a covered entity for the approval of the request4 7iv7 ,no moratoria ,a timeframe under clause 7i7 may not be tolled by any moratorium1 whether express or de facto1 imposed by a covered entity on the consideration of any request for authorization to place1 construct1 or modify covered equipment4 7v7 ,tolling due to incompleteness 7,i7 ,initial request incomplete ,if1 not later than #cj days after the date on which a requesting party submits to a covered entity a request for authorization to place1 construct1 or modify covered equipment1 the covered entity provides to the requesting party a written notice described in subclause 7,,iii7 with respect to the request1 the timeframe described in clause 7i7 is tolled with respect to the request until the date on which the requesting party submits to the covered entity a supplemental submission in response to the notice4 7,,ii7 ,supplemental submission incomplete ,if1 not later than #aj days after the date on which a requesting party submits to the covered entity a supplemental submission in response to a written notice described in subclause 7,,iii71 the covered entity provides to the requesting party a written notice described in subclause 7,,iii7 with respect to the supplemental submission1 the timeframe under clause 7i7 is further tolled until the date on which the requesting party submits to the covered entity a subsequent supplemental submission in response to the notice4 7,,iii7 ,written notice described ,the written notice described in this subclause is1 with respect to a request described in clause 7i7 or a supplemental submission described in subclause 7,i7 or 7,,ii7 submitted to a covered entity by a requesting party1 a written notice from the requesting party to the covered entity-- 7aa7 stating that all of the information 7including any form or other document7 required by the covered entity to be submitted for the request to be considered complete has not been submitted2 7bb7 identifying the information described in item 7aa7 that was not submitted2 and 7cc7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the covered entity requiring that such information be submitted with such a request4 7,,iv7 ,limitation on subsequent written notice ,if a written notice provided by covered entity to a requesting party under subclause 7,i7 with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the requesting party4 7vi7 ,tolling by mutual agreement ,the timeframe under clause 7i7 may be tolled once1 for a period of not more than #cj days1 by mutual agreement between the covered entity and the requesting party4 7vii7 ,written decision and record ,any decision by a covered entity to deny a request for authorization to place1 construct1 or modify covered equipment shall be-- 7,i7 in writing2 7,,ii7 supported by substantial evidence contained in a written record2 and 7,,iii7 publicly released1 and provided to the requesting party1 on the same day such decision is made4 7viii7 ,when request considered submitted ,for the purposes of this subparagraph1 a request to a covered entity shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7,i7 to submit such request in accordance with the procedures established by the covered entity for the review and approval of such a request2 or 7,,ii7 in the case of a covered entity that has not established specific procedures for the review and approval of such a request1 to submit to the covered entity the type of filing that is typically required of a cable operator to initiate a standard review for a similar request in a jurisdiction that has not established specific procedures for the relevant review and approval of such a request4 7ix7 ,emergency work 7,i7 ,limitation ,a covered entity shall not require a cable operator to request or obtain authorization for the placement1 construction1 or modification of covered equipment in or on a covered easement before such cable operator performs1 with respect to such equipment1 work to repair a system damaged due to forces outside the control of such cable operator4 7,,ii7 ,notification ,a cable operator shall promptly notify the affected covered entity of any such work before performing any such work4 7#c7 ,fees 7,a7 ,in general ,a covered entity may charge a fee that meets the requirements under subparagraph 7,b7 to consider a request for authorization to place1 construct1 or modify covered equipment4 7,b7 ,requirements ,a fee charged under subparagraph 7,a7 shall be-- 7i7 competitively neutral1 technology neutral1 and nondiscriminatory2 7ii7 established and publicly disclosed in advance2 and 7iii7 calculated-- 7,i7 based on actual and direct costs for-- 7aa7 review and processing of requests2 and 7bb7 repairs and replacement of-- 7,,aa7 components and materials directly resulting from and affected by the placement1 construction1 or modification of the covered equipment 7including components and materials directly resulting from and affected by the installation of covered equipment or1 with respect to the placement1 construction1 or modification of the covered equipment1 the improvement of an eligible support infrastructure72 or 7,,bb7 equipment that facilitates the repair and replacement of such components and materials2 7,,ii7 using1 for purposes of subclause 7,i71 only costs that are objectively reasonable2 and 7,,iii7 described to a requesting party in a manner that distinguishes between nonrecurring fees and recurring fees4 7,c7 ,no relation to franchise fees ,a fee charged under this paragraph to consider a request for authorization to place1 construct1 or modify covered equipment may not be considered a franchise fee under section #fbb4 7#d7 ,definitions ,in this subsection3 7,a7 ,covered easement ,the term covered easement means an easement or public right-of-way that exists at the time when a request to a covered entity for authorization to place1 construct1 or modify the covered equipment in or on the easement or public right-of-way is submitted to the covered entity4 7,b7 ,covered equipment ,the term covered equipment means equipment or materials 7including any cable1 fiber1 conduit1 or electronics7 used in or attached to a cable system to provide any service through such system4 7,c7 ,covered entity ,the term covered entity means3 7i7 ,a ,state4 7ii7 ,a local government4 7iii7 ,an instrumentality of a ,state or a local government4 7iv7 ,a franchising authority4 7,d7 ,eligible support infrastructure ,the term eligible support infrastructure means infrastructure that-- 7i7 is located within a public right-of-way or easement that-- 7,i7 is within the area served by the cable system2 and 7,,ii7 has been dedicated for compatible uses2 and 7ii7 supports or houses a facility for communication by wire 7or that is designed for or capable of supporting or housing such a facility7 at the time when a request to a covered entity for authorization to place1 construct1 or modify covered equipment in or on the infrastructure is submitted to the covered entity4 4 7b7 ,action on pending requests 7#a7 ,application ,paragraphs 7#b77;,b7 and 7#d7 of section #fbd7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edd7;j771 as added by subsection 7a71 shall apply to a-- 7,a7 request submitted to a covered entity 7as such term is defined in section #fbd7;j7 of the ,communications ,act of #aicd7-- 7i7 before the date of the enactment of this ,act2 and 7ii7 has not been approved or denied by the covered entity on or before such date2 and 7,b7 a request submitted to a covered entity on or after the date of the enactment of this ,act4 7#b7 ,date of receipt ,the date of receipt by a covered entity of a request described under subsection 7a77#a7 shall be deemed to be the date of the enactment of this ,act4 #bjc4 ,cable franchise term and termination 7a7 ,elimination or modification of requirement in franchise ,section #fbe of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ede7 is amended to read as follows3 #fbe4 ,elimination or modification of requirement in franchise 7a7 ,in general ,during the period in which a franchise is in effect1 the cable operator may obtain the elimination or modification of any requirement in the franchise by submitting to the franchising authority a request for the elimination or modification of such requirement4 7b7 ,elimination or modification of requirement in franchise ,the franchising authority shall eliminate or modify a requirement in accordance with a request submitted under subsection 7a7 not later than #abj days after the cable operator submits the request to the franchising authority if the cable operator demonstrates in the request good cause for the elimination or modification of the requirement1 including the need to eliminate or modify the requirement-- 7#a7 to conform to an applicable ,federal or ,state law2 7#b7 to address changes in technology2 7#c7 to address competitive disparities2 or 7#d7 in the case of a requirement applicable to the cable operator1 due to commercial impracticability4 7c7 ,deemed elimination or modification ,except in the case of a request for the elimination or modification of a requirement for services relating to public1 educational1 or governmental access1 if the franchising authority fails to approve or deny the request submitted under subsection 7a7 by the date described under subsection 7b71 the requirement shall be deemed eliminated or modified in accordance with the request on the day after such date4 7d7 ,appeal 7#a7 ,in general ,any cable operator whose request for elimination or modification of a requirement in a franchise under subsection 7a7 has been denied by a final decision of a franchising authority may seek judicial review of the decision pursuant to the provisions of section #fce4 7#b7 ,grant of request ,in the case of any proposed elimination or modification of a requirement in a franchise under subsection 7a71 the court shall grant such elimination or modification only if the cable operator demonstrates to the court that the standards in subsection 7b7 have been met4 7e7 ,when request considered submitted ,for the purposes of this section1 a request to a franchising authority shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7#a7 to submit such request in accordance with the procedures established by the franchising authority for the review and approval of such a request2 or 7#b7 in the case of a franchising authority that has not established specific procedures for the review and approval of such a request1 to submit to the franchising authority the type of filing that is typically required to initiate a standard review for a request related to a franchise4 4 7b7 ,in general ,section #fbf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edf7 is amended to read as follows3 #fbf4 ,franchise term and termination 7a7 ,franchise term ,a franchise shall continue in effect 7without any requirement for renewal7 until the date on which the franchise is revoked or terminated in accordance with subsection 7b74 7b7 ,limits 7#a7 ,prohibition against revocation2 termination ,except as provided in paragraph 7#b71 a franchise may not be-- 7,a7 revoked by a franchising authority2 7,b7 terminated by a cable operator2 or 7,c7 revoked or terminated by operation of law1 including by a term in a franchise that revokes or terminates such franchise on a specific date1 after a period of time1 or upon the occurrence of an event4 7#b7 ,when termination or revocation of franchise permitted 7,a7 ,termination by cable operator 7i7 ,in general ,a cable operator may terminate a franchise by submitting to the franchising authority a written request to terminate such franchise4 7ii7 ,time of termination ,if the cable operator submits a written request under clause 7i71 the franchising authority shall revoke the franchise on the date that is #ij days after the request is submitted to the franchising authority4 7iii7 ,deemed to be revoked ,if a franchising authority does not approve a request by the date required under clause 7ii71 the franchise is deemed revoked on the day after such date4 7,b7 ,termination by franchising authority ,a franchising authority may revoke a franchise for cause if the franchising authority-- 7i7 finds that the cable operator has knowingly and willfully failed to substantially meet a material requirement imposed by the franchise2 7ii7 provides the cable operator a reasonable opportunity to cure such failure1 after which the cable operator fails to cure such failure2 and 7iii7 does not waive the material requirement or acquiesce with the failure to substantially meet such requirement4 7c7 ,review of revocation of franchise by franchising authority 7#a7 ,administrative or judicial review ,with respect to a determination by a franchising authority to revoke a franchise for cause under subsection 7b77#b77;,b71 a cable operator may-- 7,a7 petition the ,commission for review of such determination2 or 7,b7 seek judicial review of such determination pursuant to the provisions of section #fce4 7#b7 ,commission review ,with respect to a petition for the review of a determination brought under paragraph 7#a77;,a71 the ,commission shall-- 7,a7 review the determination de novo2 and 7,b7 invalidate the determination if1 based on the evidence presented during the review1 the ,commission determines that the franchising authority has not demonstrated by a preponderance of the evidence that the franchising authority revoked the franchise for cause in accordance with subsection 7b77#b77;,b74 7#c7 ,stay of determination to revoke franchise ,a revocation of a franchise for cause under subsection 7b77#b77;,b7 may be stayed-- 7,a7 in the case the cable operator petitions the ,commission for review of the determination on which such revocation is based1 by the ,commission2 and 7,b7 in the case the cable operator seeks judicial review of the determination on which such revocation is based1 by the court in which the cable operator seeks judicial review of the determination4 4 7c7 ,technical and conforming amendments ,the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended-- 7#a7 in section #fja-- 7,a7 in paragraph 7#d71 by striking the semicolon at the end and inserting 2 and2 7,b7 by striking paragraph 7#e72 and 7,c7 by redesignating paragraph 7#f7 as paragraph 7#e72 7#b7 in section #fjb7i7-- 7,a7 by striking initial2 and 7,b7 by striking 1 or renewal thereof 7including a renewal of an authorization which has been granted subject to section #fbf712 7#c7 in section #faa7;b71 by striking and may require as part of a cable operator's proposal for a franchise renewal1 subject to section #fbf12 7#d7 in section #fab7;b77#c7-- 7,a7 by striking or as part of a proposal for renewal1 subject to section #fbf12 and 7,b7 by striking 1 or proposal for renewal thereof12 7#e7 in section #fba7;b77#c7-- 7,a7 in subparagraph 7,c77ii71 by striking or franchise renewal2 and 7,b7 in subparagraph 7,d7-- 7i7 by striking initial2 and 7ii7 by striking 1 a franchise renewal12 7#f7 in section #fbd-- 7,a7 in subsection 7b77#a71 by striking 7including requests for renewal proposals1 subject to section #fbf72 and 7,b7 in subsection 7d77#a71 by striking or renewal thereof2 7#g7 in section #fce;,a7a71 by striking renewal14 7d7 ,effective date2 application 7#a7 ,effective date ,this section1 and the amendments made by this section1 shall take effect #f months after the date of the enactment of this ,act4 7#b7 ,application ,this section1 and the amendments made by this section1 shall apply to a franchise granted-- 7,a7 on or after the effective date established by paragraph 7#a72 or 7,b7 before such date1 if-- 7i7 such franchise 7including1 any renewal thereof before the date of the enactment of this ,act7 is in effect on such date2 or 7ii7 such franchise is expired and the cable operator has continued to perform under the provisions of such franchise as if such franchise were not expired4 #bjd4 ,sales of cable systems 7a7 ,in general ,section #fbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edg7 is amended to read as follows3 #fbg4 ,conditions of sale or transfer 7a7 ,value of cable system after revocation of franchise ,if a franchise held by a cable operator is revoked for cause under section #fbf7;b77#b77;,b7 and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person1 any such acquisition or transfer shall be at fair market value4 7b7 ,limitations on authority of franchising authority with respect to transfer of franchise 7#a7 ,in general ,a franchising authority may not preclude a cable operator from transferring a franchise to any person-- 7,a7 to which such franchise was not initially granted2 and 7,b7 with respect to the terms of the franchise that apply to the cable operator1 who agrees to accept all such terms in effect at the time of the transfer4 7#b7 ,notification ,in the case of the transfer of a franchise to a person to which such franchise was not originally granted1 a franchising authority may require a cable operator to which a franchise was initially granted to1 not later than #ae days before the transfer of the franchise1 notify the franchising authority in writing of such transfer4 7c7 ,transfer of a franchise defined ,in this section1 the term transfer of a franchise means the transfer or assignment of any rights under a franchise through any transaction1 including through-- 7#a7 a merger involving the cable operator or cable system2 7#b7 a sale of the cable operator or cable system2 7#c7 an assignment of the cable operator or a cable system2 7#d7 a restructuring of a cable operator or a cable system2 or 7#e7 the transfer of control of a cable operator or a cable system4 4 7b7 ,effective date ,this section1 and the amendment made by subsection 7a71 shall take effect #f months after the date of the enactment of this ,act4 7c7 ,application ,this section1 and the amendment made by subsection 7a71 shall apply to a franchise granted-- 7#a7 on or after the effective date established by subsection 7b72 or 7#b7 before such date1 if-- 7,a7 such franchise 7including any renewal term thereof7 is in effect on such date2 or 7,b7 such franchise is expired and cable operator has continued to perform under the provisions of such franchise as if such franchise were not expired4 ,,iii ,environmental and ,historic ,preservation ,reviews #cja4 ,application of ,,nepa and ,,nhpa to certain communications projects 7a7 ,in general 7#a7 ,,nepa exemption ,a ,federal authorization with respect to a covered project may not be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#b7 ,national ,historic ,preservation ,act exemption ,a covered project may not be considered an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code4 7b7 ,grant of easement on ,federal property 7#a7 ,,nepa exemption ,a ,federal authorization with respect to a covered easement for a communications facility may not be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c771 if-- 7,a7 a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the ,federal ,government2 or 7,b7 the covered easement is for a communications facility in a public right-of-way4 7#b7 ,national ,historic ,preservation ,act exemption ,a covered easement for a communications facility may not be considered an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code1 if-- 7,a7 a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the ,federal ,government2 or 7,b7 the covered easement is for a communications facility in a public right-of-way4 7c7 ,requests for modification of certain existing wireless and wireline communications facilities ,section #fdji7;a77#c7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77#c77 is amended to read as follows3 7#c7 ,application of ,,nepa2 ,,nhpa 7,a7 ,,nepa exemption ,a ,federal authorization with respect to an eligible facilities request or an eligible wireline communications facilities request may not be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7,b7 ,national ,historic ,preservation ,act exemption ,an eligible facilities request or an eligible wireline communications facilities request may not be considered an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code4 7,c7 ,federal authorization defined ,in this paragraph1 the term ,federal authorization-- 7i7 means any authorization required under ,federal law with respect to an eligible facilities request or an eligible wireline communications facilities request2 and 7ii7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to an eligible facilities request or an eligible wireline communications facilities request4 4 #cjb4 ,presumption with respect to certain complete ,,fcc forms 7a7 ,presumption ,with respect to a project that is an undertaking under section #cjjcbj of title #ed1 ,united ,states ,code1 as determined by the ,commission1 if an ,indian ,tribe is shown to have received a complete ,,fcc ,form #fbj or ,,fcc ,form #fba 7or any successor form71 or can be reasonably expected to have received a complete ,,fcc ,form #fbj or ,,fcc ,form #fba 7or any successor form71 and has not acted on a request contained in such complete form by the date that is #de days after the date of such receipt or reasonably expected receipt-- 7#a7 the ,commission and a court of competent jurisdiction 7as the case may be7 shall presume the applicant with respect to such complete form has made a good faith effort to provide the information reasonably necessary for such ,indian ,tribe to ascertain whether historic properties of religious or cultural significance to such ,indian ,tribe may be affected by the undertaking related to such complete form2 and 7#b7 such ,indian ,tribe shall be presumed to have disclaimed interest in such undertaking4 7b7 ,overcoming presumption 7#a7 ,in general ,an ,indian ,tribe may overcome a presumption under subsection 7a7 upon making1 to the ,commission or a court of competent jurisdiction1 a favorable demonstration with respect to #a or more of the factors described in paragraph 7#b74 7#b7 ,factors considered ,in making a determination regarding a presumption under subsection 7a71 the ,commission or court of competent jurisdiction shall give substantial weight to-- 7,a7 whether the applicant with respect to the relevant complete form failed to make a reasonable attempt to follow up with the applicable ,indian ,tribe not earlier than #cj days1 and not later than #ej days1 after the applicant submitted a complete ,,fcc ,form #fbj or ,,fcc ,form #fba 7as the case may be7 to such ,indian ,tribe2 and 7,b7 whether the regulations of the ,commission1 or ,,fcc ,form #fbj or ,,fcc ,form #fba1 are found to be in violation of a ,nationwide ,programmatic ,agreement of the ,commission4 #cjc4 ,rule of construction ,nothing in this title or any amendment made by this title may be construed to affect the obligation of the ,commission to evaluate radiofrequency exposure under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #cjd4 ,definitions ,in this title3 7#a7 ,chief ,executive ,the term ,chief ,executive means the person who is the ,chief1 ,chairman1 ,governor1 ,president1 or similar executive official of an ,indian tribal government4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,communications facility ,the term communications facility has the meaning given the term communications facility installation in section #fdji7;d7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;d774 7#d7 ,covered easement ,the term covered easement means an easement1 right-of-way1 or lease with respect to a building or other property owned by the ,federal ,government1 excluding ,tribal land held in trust by the ,federal ,government 7unless the ,indian tribal government with respect to such land requests that the ,commission not exclude the land for purposes of this definition71 for the right to install1 construct1 modify1 or maintain a communications facility or a utility facility4 7#e7 ,covered project ,the term covered project means any of the following3 7,a7 ,a project-- 7i7 for-- 7,i7 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 government2 or 7,,ii7 the modification of a personal wireless service facility2 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,b7 ,a project-- 7i7 for the placement1 construction1 or modification of a facility for communication by wire in or on eligible support infrastructure2 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,c7 ,a project to deploy a small personal wireless service facility4 7,d7 ,a project-- 7i7 for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain 7as defined in section #i4d of title #dd1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act72 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,e7 ,a project-- 7i7 for the deployment or modification of a communications facility that is to be carried out entirely within a brownfield site 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja772 and 7ii7 for which a permit1 license1 or approval from the ,commission is required or that is otherwise subject to the jurisdiction of the ,commission4 7,f7 ,a project to permanently remove covered communications equipment or services 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh77 and to replace such covered communications equipment or services with communications equipment or services 7as defined in such section7 that are not covered communications equipment or services 7as so defined74 7,g7 ,a project that-- 7i7 is to be carried out entirely within an area for which the ,president1 the ,governor of a ,state1 or the ,chief ,executive of an ,indian tribal government has declared a major disaster or an emergency2 7ii7 is to be carried out not later than #e years after the date on which the ,president1 ,governor1 or ,chief ,executive made such declaration2 and 7iii7 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 emergency4 7,h7 ,a project for the placement and installation of a new communications facility if-- 7i7 such new facility-- 7,i7 will be located within a public right-of-way2 and 7,,ii7 is not more than #ej feet tall or #aj feet taller than any existing structure in the public right-of-way1 whichever is higher2 7ii7 such new facility is-- 7,i7 a replacement for an existing communications facility2 and 7,,ii7 the same as1 or substantially similar to 7as such term is defined by the ,commission by regulation71 the existing communications facility that such new communications facility is replacing2 7iii7 such new facility is a type of communications facility that-- 7,i7 is described in section #fdji7;d77#a77;,b7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;d77#a77;,b772 and 7,,ii7 meets the size limitation of a small antenna established by the ,commission2 or 7iv7 the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than #cj feet in any direction4 7,i7 ,a project for the placement1 construction1 or modification of a personal wireless service facility on an existing tower1 building1 or structure4 7,j7 ,a project for the placement1 construction1 or modification of a communications facility-- 7i7 for which the placement1 construction1 or modification is undertaken pursuant to a geographic area license that has been issued by the ,commission or is subject to licensing by rule2 and 7ii7 with respect to which filing in the antenna structure registration system of the ,commission is not required4 7#f7 ,eligible support infrastructure ,the term eligible support infrastructure means infrastructure that supports or houses a facility for communication by wire 7or that is designed for or capable of supporting or housing such a facility7 at the time when a request to a ,state or local government or instrumentality thereof1 or to an ,indian tribal government1 for authorization to place1 construct1 or modify a facility for communication by wire in or on the infrastructure is submitted to the government or instrumentality4 7#g7 ,emergency ,the term emergency means-- 7,a7 in the case of an emergency declared by the ,president1 an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia72 and 7,b7 in the case of an emergency declared by the ,governor of a ,state or the ,chief ,executive of an ,indian tribal government1 any occasion or instance with respect to which the ,governor or ,chief ,executive declares that an emergency exists 7or makes a similar declaration7 under ,state or ,tribal law 7as the case may be74 7#h7 ,federal authorization ,the term ,federal authorization-- 7,a7 means any authorization required under ,federal law with respect to a covered project or a covered easement2 and 7,b7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to a covered project or a covered easement4 7#i7 ,governor ,the term ,governor means the chief executive of any ,state4 7#aj7 ,indian tribal government ,the term ,indian tribal government means the governing body of an ,indian ,tribe4 7#aa7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe under section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#ab7 ,major disaster ,the term major disaster means-- 7,a7 in the case of a major disaster declared by the ,president1 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 and 7,b7 in the case of a major disaster declared by the ,governor of a ,state or the ,chief ,executive of an ,indian tribal government1 any occasion or instance with respect to which the ,governor or ,chief ,executive declares that a disaster exists 7or makes a similar declaration7 under ,state or ,tribal law 7as the case may be74 7#ac7 ,personal wireless service facility ,the term personal wireless service facility has the meaning given such term in subparagraph 7,g7 of section #ccb7;c77#g7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g771 as amended by this ,act4 7#ad7 ,public right-of-way ,the term public right-of-way-- 7,a7 means-- 7i7 the area on1 below1 or above a public roadway1 highway1 street1 sidewalk1 alley1 or similar property 7whether currently or previously used in such manner72 and 7ii7 any land immediately adjacent to and contiguous with property described in clause 7i7 that is within the right-of-way grant2 and 7,b7 does not include a portion of the ,interstate ,system 7as such term is defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7#ae7 ,small personal wireless service facility ,the term small personal wireless service facility has the meaning given such term in subparagraph 7,g7 of section #ccb7;c77#g7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g771 as amended by this ,act4 7#af7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 and each territory or possession of the ,united ,states4 7#ag7 ,utility facility ,the term utility facility means any privately1 publicly1 or cooperatively owned line1 facility1 or system for producing1 transmitting1 or distributing power1 electricity1 light1 heat1 gas1 oil1 crude products1 water1 steam1 waste1 storm water not connected with highway drainage1 or any other similar commodity1 including any fire or police signal system or street lighting system1 that directly or indirectly serves the public4 ,,iv ,other ,matters #dja4 ,timely consideration of applications for ,federal easements1 rights-of-way1 and leases 7a7 ,in general ,section #fdji7;b77#c7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;b77#c77 is amended-- 7#a7 in subparagraph 7,a71 by striking an executive agency receives a duly filed application and inserting an application is submitted to an executive agency2 and 7#b7 by adding at the end the following3 7,e7 ,deemed granted ,if an executive agency fails to grant or deny an application under subparagraph 7,a7 within the timeframe under such subparagraph1 the application shall be deemed granted on the day after the last day of such timeframe4 7,f7 ,tolling due to incompleteness 7i7 ,initial application incomplete ,if1 not later than #cj days after the date on which an applicant submits to an executive agency an application under subparagraph 7,a71 the executive agency provides to the applicant a written notice described in clause 7iii7 with respect to the application1 the timeframe described in subparagraph 7,a7 is tolled with respect to the application until the date on which the applicant submits to the executive agency a supplemental submission in response to the notice4 7ii7 ,supplemental submission incomplete ,if1 not later than #aj days after the date on which an applicant submits to an executive agency a supplemental submission in response to a written notice described in clause 7iii71 the executive agency provides to the applicant a written notice described in clause 7iii7 with respect to the supplemental submission1 the timeframe under subparagraph 7,a7 is further tolled until the date on which the applicant submits to the executive agency a subsequent supplemental submission in response to the notice4 7iii7 ,written notice described ,the written notice described in this clause is1 with respect to an application under subparagraph 7,a7 or a supplemental submission described in clause 7i7 or 7ii7 submitted to an executive agency by an applicant1 a written notice from the executive agency to the applicant-- 7,i7 stating that all of the information 7including any form or other document7 required by the executive agency to be submitted for the application to be considered complete has not been submitted2 7,,ii7 identifying the information described in subclause 7,i7 that was not submitted2 and 7,,iii7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the executive agency requiring that such information be submitted with such an application4 7iv7 ,limitation on subsequent written notice ,if a written notice provided by an executive agency to an applicant under clause 7ii7 with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the applicant4 7,g7 ,tolling by mutual agreement ,the timeframe under subparagraph 7,a7 may be tolled once1 for a period of not more than #cj days1 by mutual agreement between the executive agency and the applicant4 7,h7 ,when application considered submitted ,for the purposes of this paragraph1 an application shall be considered submitted to an executive agency on the date on which the applicant takes the first procedural step within the control of the applicant to submit such application in accordance with the procedures established by the executive agency for the review and approval of such an application4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any application under subsection 7b7 of section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 that is submitted 7as determined under subsection 7b77#c77;,h7 of such section7 to an executive agency 7as defined in subsection 7d7 of such section7 on or after the date of the enactment of this ,act4 #djb4 ,report on fees ,section #fjajb of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7 is amended by adding at the end the following3 7p7 ,report on fees ,not later than #ahj days after the date of the enactment of this subsection1 the ,assistant ,secretary shall submit to ,congress a report-- 7#a7 detailing the fees charged by each eligible entity 7or any political subdivision thereof7-- 7,a7 to consider a request for authorization to place1 construct1 or modify1 using 7in whole or in part7 grant funds received under this section1 infrastructure for the provision of broadband service2 or 7,b7 to use a right-of-way or infrastructure in a right-of-way owned or managed by the entity or political subdivision for the placement1 construction1 or modification1 using 7in whole or in part7 grant funds received under this section1 of infrastructure for the provision of broadband service2 and 7#b7 that identifies1 with respect to any fee detailed pursuant to paragraph 7#a71 any such fee that is not-- 7,a7 competitively neutral1 technology neutral1 and nondiscriminatory2 7,b7 established in advance and publicly disclosed2 7,c7 calculated-- 7i7 based on actual and direct costs1 such as costs for-- 7,i7 review and processing of requests2 and 7,,ii7 repairs and replacement of-- 7aa7 components and materials directly resulting from and affected by the placement1 construction1 or modification 7including the installation or improvement7 of infrastructure for the provision of broadband service2 or 7bb7 equipment that facilitates the placement1 construction1 or modification 7including the installation or improvement7 of such infrastructure2 and 7ii7 using1 for purposes of clause 7i71 only costs that are objectively reasonable2 or 7,d7 described to a requesting party in a manner that distinguishes between-- 7i7 nonrecurring fees and recurring fees2 and 7ii7 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 subdivision4 4 ,amend the title so as to read3 ,a bill to streamline ,federal1 ,state1 and local permitting and regulatory reviews to expedite the deployment of communications facilities1 and for other purposes44 ,april #ae1 #bjbf,reported from the ,committee on ,energy and ,commerce with amendments,april #ae1 #bjbf;,committee on ,natural ,resources discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed