S 1699 — STREAMLINE Small Cell Deployment Act

Summary

Streamlining The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance Small Cell Deployment Act or the STREAMLINE Small Cell Deployment Act This bill establishes standards for reviewing broadband infrastructure siting applications, taking into account inherent challenges to smaller municipalities. Specifically, the bill requires that regulation of the placement, construction, or modification of small personal wireless service facilities by any state or local government not be unreasonably discriminatory among providers of the same service using comparable equipment. Accordingly, a state or local government must base its permitting decision on publicly-available criteria that are reasonable, objective, and non-discriminatory. Additionally, the bill requires action be taken on applications within a specific time frame based on the type of request, provides time frame flexibility for small municipalities, and allows the Federal Communications Commission to grant a waiver of such time frames. A state or local government may also charge a fee to consider an application if the fee is (1) competitively neutral, technology neutral, and nondiscriminatory; (2) publicly disclosed; and (3) based on actual and direct costs. The Government Accountability Office shall study and report on deployment of broadband infrastructure on tribal land or near trust land.

Bill Text

• Introduced Introduced in Senate Current html June 03, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Communications Act to enhance the regulation of small cell deployment by preserving local zoning authority while establishing specific limitations and requirements.

• 47 U.S.C. 332(c)

  (7) → (7) Preservation of local zoning authority.--

  Deletes the previous paragraph (7) and introduces a new one focused on preserving local zoning authority.

• 47 U.S.C. 332(c)(7)

  Nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. → Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.

  Clarifies that the authority of state or local governments is preserved, with specific exceptions outlined in the new provisions.

• 47 U.S.C. 332(c)(7)(B)

  (B) Limitations.--(i) In general.--Except as provided in subparagraph (C), the regulation of the placement, construction, or modification of a personal wireless service facility by any State or local government or instrumentality thereof--(I) shall not unreasonably discriminate among providers of functionally equivalent services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless service.

  Introduces limitations on the regulation of wireless service facilities that prevent discrimination and prohibitive actions by local governments.

• 47 U.S.C. 332(c)(7)(B)(ii)

  (ii) Timeframe.--A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify a personal wireless service facility within a reasonable period of time after the request is duly filed with the government or instrumentality, taking into account the nature and scope of the request.

  Requires timely action by local governments on requests for wireless service facilities.

• 47 U.S.C. 332(c)(7)(B)(iii)

  (iii) Written decision and record.--Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a personal wireless service facility shall be--(I) in writing; and (II) supported by substantial evidence contained in a written record.

  Mandates that denial of requests be documented and backed by substantial evidence.

• 47 U.S.C. 332(c)(7)(B)(iv)

  (iv) Environmental effects of radio frequency emissions.--No State or local government or instrumentality thereof may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that the facilities comply with the Commission's regulations concerning such emissions.

  Prevents local governments from regulating based on radio frequency emissions if the facilities comply with federal regulations.

• 47 U.S.C. 332(c)(7)(B)(v)

  (v) Judicial and administrative review.--(I) Judicial review.--Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after the action or failure to act, commence an action in any court of competent jurisdiction, which shall hear and decide the action on an expedited basis.

  Allows expedited judicial review for individuals adversely affected by local government actions inconsistent with the new provisions.

• 47 U.S.C. 332(c)(7)(C)

  (C) Placement, construction, and modification of small personal wireless service facilities.--(i) In general.--In addition to, and not in derogation of any of, the limitations under subparagraph (B), the regulation of the placement, construction, or modification of small personal wireless service facilities by any State or local government or instrumentality thereof--(I) shall not unreasonably discriminate among providers of the same service using comparable equipment, including by providing exclusive or preferential use of facilities to a particular provider or class of providers of personal wireless service; and (II) shall only permit a State or local government to approve or deny a permit or other permission to deploy a small personal wireless service facility, including access to a right-of-way or a facility in a right-of-way owned or managed by the State or local government, based on publicly available criteria that are--(aa) reasonable; (bb) objective; and (cc) non-discriminatory.

  Establishes specific regulations for the placement and construction of small personal wireless service facilities.

Action History

1. June 03, 2019

   Introduced in Senate

2. June 03, 2019

   Read twice and referred to the Committee on Commerce, Science, and Transportation. (text: CR S3167-3168)

Sponsors

• John Thune · Primary

Subjects