43 U.S.C. § 1761a Streamlining the Forest Service Process For Consideration of Communications Facility Location Applications

LibraryUnited States Statutes
Edition2023 Edition
CurrencyCurrent through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) Definitions

In this section:

(1) Communications facility

The term "communications facility" 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.

(2) Communications site

The term "communications site" means an area of covered land designated for communications uses.

(3) Communications use

The term "communications use" means the placement and operation of a communications facility.

(4) Communications use authorization

The term "communications use authorization" means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use.

(5) Covered land

The term "covered land" means National Forest System land.

(6) Forest Service

The term "Forest Service" means the United States Forest Service of the Department of Agriculture.

(7) Organizational unit

The term "organizational unit" means, within the Forest Service-

(A) a regional office;

(B) the headquarters;

(C) a management unit; or

(D) a ranger district office.

(b) Regulations

Notwithstanding section 1455 of title 47 or section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 ( Public Law 115-141), not later than 1 year after December 20, 2018, the Secretary shall issue regulations-

(1) to streamline the process for considering applications to locate or modify communications facilities on covered land;

(2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and

(3) to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis.

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