47 U.S.C. § 1455
Section 1455 · Wireless facilities deployment
Current version, with additions and removals from the February 22, 2012 version.
(1) In general
(1) In general
Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) Eligible facilities request
(2) Eligible facilities request
For purposes of this subsection, the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves—
For purposes of this subsection, the term "eligible facilities request" means any request for modification of an existing wireless tower or base station that involves—
(A) collocation of new transmission equipment;
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(C) replacement of transmission equipment.
(3) Applicability of environmental laws
(3) Applicability of environmental laws
(1) Grant
(1) Grant
(2) Application
(2) Application
The Administrator of General Services shall develop a common form for applications for easements and rights-of-way under paragraph (1) for all executive agencies that shall be used by applicants with respect to the buildings or other property of each such agency.
(3) Fee
(A) In general
(A) In general
Notwithstanding any other provision of law, the Administrator of General Services shall establish a fee for the grant of an easement or right-of-way pursuant to paragraph (1) that is based on direct cost recovery.
The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency.
The Administrator of General Services may establish exceptions to the fee amount required under subparagraph (A)—
(i) in consideration of the public benefit provided by a grant of an easement or right-of-way; and
(ii) in the interest of expanding wireless and broadband coverage.
(4) Use of fees collected
Any fee amounts collected by an executive agency pursuant to paragraph (3) may be made available, as provided in appropriations Acts, to such agency to cover the costs of granting the easement or right-of-way.
The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application.
(3) Timely consideration of applications
(A) In general
Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall—
(i) grant or deny, on behalf of the Federal Government, the application; and
(ii) notify the applicant of the grant or denial.
(B) Explanation of denial
If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial.
(C) Applicability of environmental laws
Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54 or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(D) Point of contact
Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant.
(1) In general
(1) In general
(2) Applicability
(2) Applicability
(3) Application
(3) Application
(A) In general
(B) Exception
The requirement under subparagraph (A) for an executive agency to use the common form or set of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Administrator that the executive agency uses a substantially similar application.
In this section:
(1) Communications facility installation
The term "communications facility installation" includes—
(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio frequency;
(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
(iii) is added to a tower, building, or other structure.