47 U.S.C. § 1455 — Wireless facilities deployment

Page 450 TITLE 47—TELECOMMUNICATIONS § 1454 1 See References in Text note below. tween the frequencies from 5850 megahertz to 5925 megahertz. (Pub. L. 112–96, title VI, § 6406, Feb. 22, 2012, 126 Stat. 231.) § 1454. Guard bands and unlicensed use (a) In general Nothing in subparagraph (G) of section 309(j)(8) of this title or in section 1452 of this title shall be construed to prevent the Commis- sion from using relinquished or other spectrum to implement band plans with guard bands. (b) Size of guard bands Such guard bands shall be no larger than is technically reasonable to prevent harmful inter- ference between licensed services outside the guard bands. (c) Unlicensed use in guard bands The Commission may permit the use of such guard bands for unlicensed use. (d) Database Unlicensed use shall rely on a database or sub- sequent methodology as determined by the Com- mission. (e) Protections against harmful interference The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services. (Pub. L. 112–96, title VI, § 6407, Feb. 22, 2012, 126 Stat. 231.) § 1455. Wireless facilities deployment (a) Facility modifications (1) In general Notwithstanding section 704 of the Tele- communications 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 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 equip- ment; (B) removal of transmission equipment; or (C) replacement of transmission equip- ment. (3) Applicability of environmental laws Nothing in paragraph (1) shall be construed to relieve the Commission from the require- ments of the National Historic Preservation Act 1 or the National Environmental Policy Act of 1969. (b) Federal easements, rights-of-way, and leases (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, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to in- stall, construct, modify, or maintain a com- munications facility installation, the execu- tive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (3), an easement, right-of-way, or lease to perform such installation, construc- tion, modification, or maintenance. (2) Application (A) In general The Administrator of General Services shall develop a common form for applica- tions for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subpara- graph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency. (B) Exception The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of Gen- eral Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the execu- tive agency uses a substantially similar ap- plication. (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 ex- ecutive agency shall— (i) grant or deny, on behalf of the Fed- eral Government, the application; and (ii) notify the applicant of the grant or denial. (B) Explanation of denial If an executive agency denies an applica- tion 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 con- strued to relieve an executive agency of the requirements of division A of subtitle III of title 54 or the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.). (D) Point of contact Upon receiving an application under sub- paragraph (A), an executive agency shall designate one or more appropriate individ- uals within the executive agency to act as a point of contact with the applicant. (c) Master contracts for communications facility installation sitings (1) In general Notwithstanding section 704 of the Tele- communications Act of 1996 (Public Law Page 451 TITLE 47—TELECOMMUNICATIONS § 1455 104–104; 110 Stat. 151) or any other provision of law, the Administrator of General Services shall— (A) develop one or more master contracts that shall govern the placement of commu- nications facility installations on buildings and other property owned by the Federal Government; and (B) in developing the master contract or contracts, standardize the treatment of the placement of communications facility in- stallations on building rooftops or facades, the placement of communications facility installations on rooftops or inside buildings, the technology used in connection with com- munications facility installations placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate. (2) Applicability The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Admin- istrator of General Services decides that issues with respect to the siting of a commu- nications facility installation on a specific building or other property warrant non- standard treatment of such building or other property. (3) Application (A) In general The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all ex- ecutive agencies and applicants with respect to the buildings and other property of each such agency. (B) Exception The requirement under subparagraph (A) for an executive agency to use the common form or set of forms developed by the Ad- ministrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Adminis- trator that the executive agency uses a sub- stantially similar application. (d) Definitions In this section: (1) Communications facility installation The term ‘‘communications facility installa- tion’’ includes— (A) any infrastructure, including any transmitting device, tower, or support struc- ture, 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, pic- tures, and sounds of all kinds; and (B) any antenna or apparatus that— (i) is designed for the purpose of emit- ting radio frequency; (ii) is designed to be operated, or is oper- ating, from a fixed location pursuant to authorization by the Federal Communica- tions Commission or is using duly author- ized devices that do not require individual licenses; and (iii) is added to a tower, building, or other structure. (2) Executive agency The term ‘‘executive agency’’ has the mean- ing given such term in section 102 of title 40. (Pub. L. 112–96, title VI, § 6409, Feb. 22, 2012, 126 Stat. 232; Pub. L. 115–141, div. P, title VI, § 606(a), Mar. 23, 2018, 132 Stat. 1101.) Editorial Notes REFERENCES IN TEXT Section 704 of the Telecommunications Act of 1996, referred to in subsecs. (a)(1) and (c)(1), is section 704 of Pub. L. 104–104, title VII, Feb. 8, 1996, 110 Stat. 151. Sub- sec. (a) of section 704 of Pub. L. 104–104 amended section 332 of this title. Subsec. (b) of section 704 of Pub. L. 104–104 is not classified to the Code. Subsec. (c) of sec- tion 704 of Pub. L. 104–104 is set out as a note under sec- tion 332 of this title. The National Historic Preservation Act, referred to in subsec. (a)(3), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of Title 16, Conservation. The Act, except for section 1, was repealed and restated in division A (§ 300101 et seq.) of subtitle III of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Ta- bles. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of Title 54. The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(3) and (b)(3)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified gen- erally to chapter 55 (§ 4321 et seq.) of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2018—Subsecs. (b) to (d). Pub. L. 115–141 added sub- secs. (b) to (d) and struck out former subsecs. (b) to (d) which related to Federal easements and rights-of-way, master contracts for wireless facility sitings, and defi- nition of executive agency, respectively. Statutory Notes and Related Subsidiaries SAVINGS PROVISIONS Pub. L. 115–141, div. P, title VI, § 606(b), Mar. 23, 2018, 132 Stat. 1103, provided that: ‘‘An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Re- lief and Job Creation Act of 2012 (47 U.S.C. 1455) before the date of enactment of this Act [Mar. 23, 2018] shall continue, subject to that section as in effect on the day before such date of enactment.’’ Pub. L. 115–141, div. P, title VI, § 606(d), Mar. 23, 2018, 132 Stat. 1104, provided that: ‘‘(1) REAL PROPERTY AUTHORITIES.—Nothing in this section [amending this section and enacting provisions set out as a note under this section], or the amend- ments made by this section, shall be construed as pro- viding any executive agency with any new leasing or other real property authorities not existing prior to the date of enactment of this Act [Mar. 23, 2018]. ‘‘(2) EFFECT ON OTHER LAWS.—Nothing in this section, or the amendments made by this section, and no ac- tions taken pursuant to this section, or the amend- ments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop Page 452 TITLE 47—TELECOMMUNICATIONS § 1456 any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287) [40 U.S.C. 1303 note], or any other law governing real property activities of the Fed- eral Government. No agreement entered into pursuant to this section, or the amendments made by this sec- tion, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could be otherwise sold, leased, or redeveloped.’’ § 1456. System certification Not later than 6 months after February 22, 2012, the Director of the Office of Management and Budget shall update and revise section 33.4 of OMB Circular A–11 to reflect the rec- ommendations regarding such Circular made in the Commerce Spectrum Management Advisory Committee Incentive Subcommittee report, adopted January 11, 2011. (Pub. L. 112–96, title VI, § 6411, Feb. 22, 2012, 126 Stat. 234.) § 1457. Public Safety Trust Fund (a) Establishment of Public Safety Trust Fund (1) In general There is established in the Treasury of the United States a trust fund to be known as the Public Safety Trust Fund. (2) Availability Amounts deposited in the Public Safety Trust Fund shall remain available through fis- cal year 2022. Any amounts remaining in the Fund after the end of such fiscal year shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. (b) Use of Fund As amounts are deposited in the Public Safety Trust Fund, such amounts shall be used to make the following deposits or payments in the fol- lowing order of priority: (1) Repayment of amount borrowed for First Responder Network Authority An amount not to exceed $2,000,000,000 shall be available to the NTIA to reimburse the gen- eral fund of the Treasury for any amounts bor- rowed under section 1427 of this title. (2) State and Local Implementation Fund $135,000,000 shall be deposited in the State and Local Implementation Fund established by section 1441 of this title. (3) Buildout by First Responder Network Au- thority $7,000,000,000, reduced by the amount bor- rowed under section 1427 of this title, shall be deposited in the Network Construction Fund established by section 1426 of this title. (4) Public safety research $100,000,000 shall be available to the Director of NIST to carry out section 1443 of this title. (5) Deficit reduction $20,400,000,000 shall be deposited in the gen- eral fund of the Treasury, where such amount shall be dedicated for the sole purpose of def- icit reduction. (6) 9–1–1, E9–1–1, and Next Generation 9–1–1 implementation grants $115,000,000 shall be available to the Assist- ant Secretary and the Administrator of the National Highway Traffic Safety Administra- tion to carry out the grant program under sec- tion 942 of this title. (7) Additional public safety research $200,000,000 shall be available to the Director of NIST to carry out section 1443 of this title. (8) Additional deficit reduction Any remaining amounts deposited in the Public Safety Trust Fund shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole pur- pose of deficit reduction. (c) Investment Amounts in the Public Safety Trust Fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to, and become a part of, the Fund. (Pub. L. 112–96, title VI, § 6413, Feb. 22, 2012, 126 Stat. 235.) SUBCHAPTER V—NEXT GENERATION 9–1–1 ADVANCEMENT ACT OF 2012 § 1471. Definitions In this subchapter, the following definitions shall apply: (1) 9–1–1 services and E9–1–1 services The terms ‘‘9–1–1 services’’ and ‘‘E9–1–1 serv- ices’’ shall have the meaning given those terms in section 942 of this title. (2) Multi-line telephone system The term ‘‘multi-line telephone system’’ or ‘‘MLTS’’ means a system comprised of com- mon control units, telephone sets, control hardware and software and adjunct systems, including network and premises based sys- tems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations), and in- cludes systems owned or leased by govern- mental agencies and non-profit entities, as well as for profit businesses. (3) Office The term ‘‘Office’’ means the 9–1–1 Imple- mentation Coordination Office established under section 942 of this title. (Pub. L. 112–96, title VI, § 6502, Feb. 22, 2012, 126 Stat. 237.) § 1472. Parity of protection for provision or use of Next Generation 9–1–1 services (a) Immunity A provider or user of Next Generation 9–1–1 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or public safety an- swering point, shall have immunity and protec- tion from liability under Federal and State law