HomeMy WebLinkAbout2012-09-18 Planning Board Supplemental Materials (64) Committee Reports- 112th Congress(2011-2012) - House Report 112-399 Page 1 of 3
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Committee Reports
112th Congress (2011-2012)
H ouse Report 112-399
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House Report 112-399 - MIDDLE CLASS TAX RELIEFAND JOB CREATION ACT OF
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SEC. 6 4 0 9. W1 RELESS FA C1 Ll T/ES D EPL 0 YM EN T.
(a) Facility Modifications-
(1) IN - Notwithstanding section 704 of the Telecommunications
of 1 (Public Law 104-104) r any other provision of law, a State or local
government manot deny, and ll approve, any li i t facilities request for
modification of an existing wireless tower or base station that does not
substantially n physical dimensions of such tower or base station.
(2) ELIGIBLE FACILITIES - For purposes of this subsection, the term
® eligible ciliti r equest' means any request for modification of an existing
wireless tower or base station that involves—
(A) collocation of new transmission equipment;
(B) removal r n ission equipment; or
(C) replacement of tr n ission equipment.
(3) APPLICABILITY OF ENVIRONMENTAL - Nothing in paragraph (1) shall
be construed relieve the Commission from requirements of the Natin 1
Historic r ry in Act or the National Environmental Policy Act of 1969.
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Committee Reports- 112th Congress(2011-2012) - House Report 112-399 Page 2 of 3
(b) Federal Easements and Rights-of-way-
(1) GRANT- If an executive agency, a State, a political subdivision or agency of
a State, or a person, firm, or organization applies for the grant of an easement
or right-of-way to, in, over, or on a building or other property owned by the
Federal Government for the right to install, construct, and maintain wireless
service antenna structures and equipment and backhaul transmission
equipment, the executive agency having control of the building or other
property may grant to the applicant, on behalf of the Federal Government, an
easement or right-of-way to perform such installation, construction, and
maintenance.
(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- 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.
(8) EXCEPTIONS- 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.
(c) Master Contracts for Wireless Facility Sitings-
(1) IN GENERAL- Notwithstanding section 704 of the Telecommunications Act
of 1996 or any other provision of law, and not later than 60 days after the date
of the enactment of this Act, the Administrator of General Services shall--
(A) develop 1 or more master contracts that shall govern the placement
of wireless service antenna structures on buildings and other property
owned by the Federal Government; and
(8) in developing the master contract or contracts, standardize the
treatment of the placement of wireless service antenna structures on
building rooftops or facades, the placement of wireless service antenna
equipment on rooftops or inside buildings, the technology used in
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Committee Reports- 112th Congress(2011-2012) - House Report 112-399 Page 3 of 3
connection with wireless rvic antenna structures or equipment placed
on Federal buildincis and r property, and n r key issues
Administrator of General Services considers appropriate.
(2) APPLICABILITY- The master contract or contracts developed
Administrator of General Services under paragraph (1) shall apply to all
publicly accessible buildin n r property own Federal
Government, unless Administrator of General Services decides issues
with respect to the siting wireless rvic antenna structure on a specific
building or other property warrant nonstandard tr n such building or
other property.
(3) APPLICATION- The Administrator of General Services shall develop
common form or set of forms for wireless rvic antenna structure siting
applications under this subsection for all executive agencies shall be used
by applicants with respect to the buildincis and r property such
agency.
(d) Executive Agency Defined- In this section, the term ' executive ncy'
meaning given such term in section 102 of title nit .
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