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II
116TH CONGRESS
2D SESSION
S. 3804
To clarify that the ‘‘one-touch make-ready’’ rules of the Federal Communica-
tion Commission for utility pole attachments do not supersede the Na-
tional Labor Relations Act or collective bargaining agreements.
IN THE SENATE OF THE UNITED STATES
MAY 21, 2020
Mr. CARDIN introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To clarify that the ‘‘one-touch make-ready’’ rules of the
Federal Communication Commission for utility pole at-
tachments do not supersede the National Labor Relations
Act or collective bargaining agreements.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Collective
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Bargaining Agreements Under One-Touch Make-Ready
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Act’’.
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•S 3804 IS
SEC. 2. APPLICATION OF LABOR LAWS AND COLLECTIVE
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BARGAINING AGREEMENTS TO ‘‘ONE-TOUCH
2
MAKE-READY’’ RULES.
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(a) DEFINITIONS.—In this section—
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(1) the term ‘‘existing attacher’’ has the mean-
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ing given the term in section 1.1411 of title 47,
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Code of Federal Regulations; and
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(2) the term ‘‘one-touch make-ready rules’’
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means—
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(A) the final rule promulgated by the Fed-
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eral Communications Commission entitled ‘‘Ac-
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celerating Wireline and Wireless Broadband
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Deployment by Removing Barriers to Infra-
13
structure Investment’’ (83 Fed. Reg. 46812
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(September 14, 2018)); and
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(B) the Third Report and Order and De-
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claratory Ruling in the matter of Accelerating
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Wireline Broadband Deployment by Removing
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Barriers to Infrastructure Investment and Ac-
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celerating Wireless Broadband Deployment by
20
Removing Barriers to Infrastructure Invest-
21
ment, adopted by the Federal Communications
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Commission on August 2, 2018 (FCC 18–111).
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(b) RELATION
TO
OTHER
LAWS
AND
AGREE-
24
MENTS.—
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•S 3804 IS
(1) NATIONAL LABOR RELATIONS ACT.—To the
1
extent that any provision of the one-touch make-
2
ready rules conflicts with the National Labor Rela-
3
tions Act (29 U.S.C. 151 et seq.), or substantially
4
impairs the purposes and policies of that Act, the
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provision shall not apply.
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(2) COLLECTIVE BARGAINING AGREEMENTS.—
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To the extent that any provision of the one-touch
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make-ready rules conflicts with a collective bar-
9
gaining agreement between an existing attacher and
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a labor organization that exclusively represents the
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employees of the existing attacher, the provision
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shall not apply.
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(3) DETERMINATION
OF
CONFLICT
OR
SUB-
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STANTIAL IMPAIRMENT.—If a dispute arises as to
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whether a conflict or substantial impairment de-
16
scribed in paragraph (1) or (2) exists, the parties to
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the dispute shall submit the issue for non-binding
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arbitration.
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Æ
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