“(i) IN GENERAL.—The regulation of the placement, construction, or modification of a personal wireless service facility by any State or local government or instrumentality thereof—

“(ii) ENGINEERING STANDARDS; AESTHETIC REQUIREMENTS.—It is not a violation of clause (i) for a State or local government or instrumentality thereof to establish for personal wireless service facilities, or structures that support such facilities, objective, reasonable, and nondiscriminatory—

“(iii) TIMEFRAMES.—

“(iv) DEEMED GRANTED.—

“(v) WRITTEN DECISION AND RECORD.—Any decision by a State or local government or instrumentality thereof to deny a request for authorization to place, construct, or modify a personal wireless service facility shall be—

“(vi) ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS.—No State or local government or instrumentality thereof may regulate the operation, placement, construction, 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 emissions.

“(vii) FEES.—To the extent permitted by law, a State or local government or instrumentality thereof may charge a fee to consider a request for authorization to place, construct, 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 placement, construction, or modification of a personal wireless service facility, if the fee is—

“(i) to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request; or

“(ii) in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a request, 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 structure.

“(i) ANTENNA.—The term ‘antenna’ means an apparatus designed for the purpose of emitting radiofrequency radiation, to be operated or operating from a fixed location for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds.

“(ii) COMMUNICATIONS NETWORK.—The term ‘communications network’ means a network used to provide a communications service.

“(iii) COMMUNICATIONS SERVICE.—The term ‘communications service’ means each of—

“(iv) GENERALLY APPLICABLE CODE.—The term ‘generally applicable code’ means a uniform building, fire, electrical, plumbing, or mechanical code adopted by a national code organization, or a local amendment to such a code, to the extent not inconsistent with this Act.

“(v) NETWORK INTERFACE DEVICE.—The term ‘network interface device’ means a telecommunications demarcation device and cross-connect point that—

“(vi) PERSONAL WIRELESS SERVICE.—The term ‘personal wireless service’ means any fixed or mobile service (other than a broadcasting service) provided via licensed or unlicensed frequencies, including—

“(vii) PERSONAL WIRELESS SERVICE FACILITY.—The term ‘personal wireless service facility’ means a facility used to provide or support the provision of personal wireless service.

“(viii) SMALL PERSONAL WIRELESS SERVICE FACILITY.—The term ‘small personal wireless service facility’ means a personal wireless service facility—

“(ix) UNLICENSED WIRELESS SERVICE.—The term ‘unlicensed wireless service’—

“(x) 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 network.”.

(A) in paragraph (1), by striking “a State or local government” and all that follows and inserting the following: “a State or local government or instrumentality thereof may not deny, and shall approve—

(B) by amending paragraph (2) to read as follows:

(C) by adding at the end the following:

“(A) INITIAL REQUEST INCOMPLETE.—If, not later than 30 days after the date on which a franchising authority provides to a requesting party a written notice described in subparagraph (C) with respect to a request described in paragraph (1), 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 notice.

“(B) SUPPLEMENTAL SUBMISSION INCOMPLETE.—If, not later than 10 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 (A), the franchising authority provides to the requesting party a written notice described in subparagraph (A) with respect to the supplemental submission, the timeframe under paragraph (1) is further tolled until the date on which the requesting party submits to the franchising authority a subsequent supplemental submission in response to the notice.

“(C) WRITTEN NOTICE DESCRIBED.—The written notice described in this subparagraph is, with respect to a request described in paragraph (1) or a supplemental submission described in subparagraph (A) or (B) submitted to a franchising authority by a requesting party, a written notice from the franchising authority to the requesting party—

“(D) LIMITATION ON SUBSEQUENT WRITTEN NOTICE.—If a written notice provided by a franchising authority to a requesting party under subparagraph (A) 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 submitted, the subsequent written notice shall be treated as not having been provided to the requesting party.

“(A) in writing;

“(B) supported by substantial evidence contained in a written record; and

“(C) publicly released, and provided to the requesting party, on the same day such decision is made.

“(A) to submit such request in accordance with the procedures established by the franchising authority for the review and approval of such a request; or

“(B) in the case of a franchising authority that has not established specific procedures for the review and approval of such a request, 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 franchise.”.

“(1) NO EFFECT ON AUTHORITY OF CERTAIN ENTITIES.—Except as provided in this subsection, nothing in this title shall limit or affect the authority of a covered entity over—

“(2) LIMITATIONS.—

“(3) FEES.—

“(4) DEFINITIONS.—In this subsection:

(A) request submitted to a covered entity (as such term is defined in section 624(j) of the Communications Act of 1934)—

(B) a request submitted to a covered entity on or after the date of the enactment of this Act.

(A) in paragraph (4), by striking the semicolon at the end and inserting “; and”;

(B) by striking paragraph (5); and

(C) by redesignating paragraph (6) as paragraph (5);

(A) by striking “initial”; and

(B) by striking “, or renewal thereof (including a renewal of an authorization which has been granted subject to section 626),”;

(A) by striking “or as part of a proposal for renewal, subject to section 626,”; and

(B) by striking “, or proposal for renewal thereof,”;

(A) in subparagraph (C)(ii), by striking “or franchise renewal”; and

(B) in subparagraph (D)—

(A) in subsection (b)(1), by striking “(including requests for renewal proposals, subject to section 626)”; and

(B) in subsection (d)(1), by striking “or renewal thereof”;

(A) on or after the effective date established by paragraph (1); or

(B) before such date, if—

(A) such franchise (including any renewal term thereof) is in effect on such date; or

(B) such franchise is expired and cable operator has continued to perform under the provisions of such franchise as if such franchise were not expired.

(A) 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 Government; or

(B) the covered easement is for a communications facility in a public right-of-way.

(A) 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 Government; or

(B) the covered easement is for a communications facility in a public right-of-way.

“(A) 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 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

“(B) NATIONAL HISTORIC PRESERVATION ACT EXEMPTION.—An eligible facilities request or an eligible wireline communications facilities request may not be considered an undertaking under section 300320 of title 54, United States Code.

“(C) FEDERAL AUTHORIZATION DEFINED.—In this paragraph, the term ‘Federal authorization’—

(A) 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 30 days, and not later than 50 days, after the applicant submitted a complete FCC Form 620 or FCC Form 621 (as the case may be) to such Indian Tribe; and

(B) whether the regulations of the Commission, or FCC Form 620 or FCC Form 621, are found to be in violation of a Nationwide Programmatic Agreement of the Commission.

(i) for—

(ii) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.

(i) for the placement, construction, or modification of a facility for communication by wire in or on eligible support infrastructure; and

(ii) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.

(i) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and

(ii) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.

(i) for the deployment or modification of a communications facility that is to be carried out entirely within a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); and

(ii) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission.

(i) is to be carried out entirely within an area for which the President, the Governor of a State, or the Chief Executive of an Indian tribal government has declared a major disaster or an emergency;

(ii) is to be carried out not later than 5 years after the date on which the President, Governor, or Chief Executive made such declaration; and

(iii) 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 emergency.

(i) such new facility—

(ii) such new facility is—

(iii) such new facility is a type of communications facility that—

(iv) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction.

(i) for which the placement, construction, or modification is undertaken pursuant to a geographic area license that has been issued by the Commission or is subject to licensing by rule; and

(ii) with respect to which filing in the antenna structure registration system of the Commission is not required.

(i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property (whether currently or previously used in such manner); and

(ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and

“(E) DEEMED GRANTED.—If an executive agency fails to grant or deny an application under subparagraph (A) within the timeframe under such subparagraph, the application shall be deemed granted on the day after the last day of such timeframe.

“(F) TOLLING DUE TO INCOMPLETENESS.—

“(G) TOLLING BY MUTUAL AGREEMENT.—The timeframe under subparagraph (A) may be tolled once, for a period of not more than 30 days, by mutual agreement between the executive agency and the applicant.

“(H) WHEN APPLICATION CONSIDERED SUBMITTED.—For the purposes of this paragraph, 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 application.”.

“(A) to consider a request for authorization to place, construct, or modify, using (in whole or in part) grant funds received under this section, infrastructure for the provision of broadband service; or

“(B) to use a right-of-way or infrastructure in a right-of-way owned or managed by the entity or political subdivision for the placement, construction, or modification, using (in whole or in part) grant funds received under this section, of infrastructure for the provision of broadband service; and

“(A) competitively neutral, technology neutral, and nondiscriminatory;

“(B) established in advance and publicly disclosed;

“(C) calculated—

“(D) described to a requesting party in a manner that distinguishes between—