Wireless Broadband Competition and Efficient Deployment Act

I 118TH CONGRESS 1ST SESSION H. R. 3289 To provide that a project for the collocation of a personal wireless service facility is not subject to requirements to prepare certain environmental or historical preservation reviews. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Mr. JOHNSON of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that a project for the collocation of a personal wireless service facility is not subject to requirements to prepare certain environmental or historical preserva- tion reviews. 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. 3 This Act may be cited as the ‘‘Wireless Broadband 4 Competition and Efficient Deployment Act’’. 5 VerDate Sep 11 2014 00:51 May 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.IH H3289 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3289 IH SEC. 2. APPLICATION OF NEPA AND NHPA TO COLLOCA- 1 TION OF CERTAIN PERSONAL WIRELESS 2 SERVICE FACILITIES. 3 (a) NEPA EXEMPTION.—A Federal authorization 4 with respect to a covered project may not be considered 5 a major Federal action under section 102(2)(C) of the Na- 6 tional Environmental Policy Act of 1969 (42 U.S.C. 7 4332(2)(C)). 8 (b) NATIONAL HISTORIC PRESERVATION ACT EX- 9 EMPTION.—A covered project may not be considered an 10 undertaking under section 300320 of title 54, United 11 States Code. 12 (c) DEFINITIONS.—In this section: 13 (1) COMMISSION.—The term ‘‘Commission’’ 14 means the Federal Communications Commission. 15 (2) COVERED PROJECT.—The term ‘‘covered 16 project’’ means a project— 17 (A) for— 18 (i) the mounting or installation of an 19 eligible personal wireless service facility 20 with another eligible personal wireless serv- 21 ice facility that exists at the time at which 22 a complete request for authorization of 23 such mounting or installation is filed with 24 a State or local government or instrumen- 25 tality thereof or with an Indian Tribe; or 26 VerDate Sep 11 2014 00:51 May 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.IH H3289 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3289 IH (ii) the modification of an eligible per- 1 sonal wireless service facility; and 2 (B) for which a permit, license, or approval 3 from the Commission is required or that is oth- 4 erwise subject to the jurisdiction of the Com- 5 mission. 6 (3) ELIGIBLE PERSONAL WIRELESS SERVICE 7 FACILITY.—The term ‘‘eligible personal wireless 8 service facility’’ means any antenna, apparatus, or 9 transmitting device, and any equipment, switches, 10 wiring, cabling, power sources, shelters, or cabinets, 11 for the provision of a personal wireless service. 12 (4) FEDERAL AUTHORIZATION.—The term 13 ‘‘Federal authorization’’— 14 (A) means any authorization required 15 under Federal law with respect to a covered 16 project; and 17 (B) includes any permits, special use au- 18 thorizations, certifications, opinions, or other 19 approvals as may be required under Federal law 20 with respect to a covered project. 21 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 22 has the meaning given the term ‘‘Indian tribe’’ 23 under section 102 of the Federally Recognized In- 24 dian Tribe List Act of 1994 (25 U.S.C. 5130). 25 VerDate Sep 11 2014 00:51 May 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.IH H3289 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3289 IH (6) PERSONAL WIRELESS SERVICES.—The term 1 ‘‘personal wireless services’’— 2 (A) has the meaning given such term in 3 section 332(c)(7)(C) of the Communications 4 Act of 1934 (47 U.S.C. 332(c)(7)(C)); and 5 (B) also includes commercial mobile data 6 service (as defined in section 6001 of the Mid- 7 dle Class Tax Relief and Job Creation Act of 8 2012 (47 U.S.C. 1401)). 9 (7) STATE.—The term ‘‘State’’ means each 10 State of the United States, the District of Columbia, 11 and each territory or possession of the United 12 States. 13 Æ VerDate Sep 11 2014 00:51 May 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3289.IH H3289 kjohnson on DSK79L0C42PROD with BILLS