Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110
§1455 Wireless Facilities Deployment
Title 47 › CHAPTER 13 — PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS › SUBCHAPTER IV — SPECTRUM AUCTION AUTHORITY › § 1455
Summary
State and local governments must approve requests to change an existing wireless tower or base station if the change does not substantially alter its physical size. Requests covered are adding new transmission gear, taking transmission gear away, or swapping out transmission gear. That rule does not remove the Federal Communications Commission’s duties under the National Historic Preservation Act or the National Environmental Policy Act of 1969. If someone asks to put communications equipment on federal land or buildings, the federal agency in charge can grant an easement, right-of-way, or lease to allow installation, changes, or upkeep. The General Services Administrator must make a common application form for these requests (unless an agency already uses a very similar form). Agencies must decide and tell the applicant within 270 days. If an application is denied, the agency must give written reasons. Agencies must also name a contact person. The General Services Administrator must create one or more master contracts to standardize how communications equipment is sited on federal buildings and property, unless a particular site needs special handling. The law defines "communications facility installation" as the kinds of equipment used to send or receive signals (for example, antennas, towers, wiring, power, and cabinets) and uses the term "executive agency" as defined in title 40.
Full Legal Text
Title 47, §1455
Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC
(a)Facility modifications
(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.
(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 equipment;
(B)removal of transmission equipment; or
(C)replacement of transmission equipment.
(3)Applicability of environmental laws
Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act 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 install, construct, modify, or maintain a communications facility installation, the executive 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, construction, modification, or maintenance.
(2)Application
(A)In general
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.
(B)Exception
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.
(c)Master contracts for communications facility installation sitings
(1)In general
Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 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 communications 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 installations on building rooftops or facades, the placement of communications facility installations on rooftops or inside buildings, the technology used in connection with communications 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 Administrator of General Services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard 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 executive 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 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.
(d)Definitions
In this section: (1) Communications facility installation
(2)Executive agency
The term “executive agency” has the meaning given such term in section 102 of title 40.
Legislative History
Notes & Related Subsidiaries
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. Subsec. (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 section 704 of Pub. L. 104–104 is set out as a note under section 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 Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of Title 54. The National Environmental Policy Act of 1969, referred to in subsecs. (a)(3) and (b)(3)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public 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 subsecs. (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 definition of executive agency, respectively.
Statutory Notes and Related Subsidiaries
Savings Provision
s 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 Relief 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
Amendments
made by this section, shall be construed as providing 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 actions taken pursuant to this section, or the
Amendments
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 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 Federal Government. No agreement entered into pursuant to this section, or the
Amendments
made by this section, 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.”
Reference
Citations & Metadata
Citation
47 U.S.C. § 1455
Title 47, Telegraphs, Telephones, and Radiotelegraphs
Last Updated
Sep 23, 2026
Release point: 119-110