Wireless Resiliency and Flexible Investment Act

I 117TH CONGRESS 1ST SESSION H. R. 1058 To amend the Middle Class Tax Relief and Job Creation Act of 2012 to amend the definition of eligible facilities request, to codify the 60-day time frame for certain eligible facilities requests, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 15, 2021 Mr. KINZINGER introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Middle Class Tax Relief and Job Creation Act of 2012 to amend the definition of eligible facilities request, to codify the 60-day time frame for certain eligible facilities requests, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Wireless Resiliency and 4 Flexible Investment Act’’. 5 VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058 2 •HR 1058 IH SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN ELI- 1 GIBLE FACILITIES REQUESTS. 2 Section 6409(a) of the Middle Class Tax Relief and 3 Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amend- 4 ed— 5 (1) in paragraph (1), by striking ‘‘eligible facili- 6 ties request for a modification of an existing wireless 7 tower or base station that does not substantially 8 change the physical dimensions of such tower or 9 base station’’ and inserting ‘‘complete eligible facili- 10 ties request for a modification of an existing wireless 11 tower, base station, or eligible support structure that 12 does not substantially change the physical dimen- 13 sions of such tower, base station, or eligible support 14 structure’’; 15 (2) by amending paragraph (2) to read as fol- 16 lows: 17 ‘‘(2) TIME FRAME.— 18 ‘‘(A) IN GENERAL.—Not later than 60 19 days after the date on which a State or local 20 government receives a complete eligible facilities 21 request described under paragraph (1), the 22 State or local government shall approve such 23 request. 24 ‘‘(B) DEEMED APPROVAL.—If a State or 25 local government does not approve an eligible 26 VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058 3 •HR 1058 IH facilities request by the date required under 1 subparagraph (A), the request is deemed ap- 2 proved on the day after such date. 3 ‘‘(C) WHEN REQUEST CONSIDERED COM- 4 PLETE; RECEIVED.— 5 ‘‘(i) WHEN REQUEST CONSIDERED 6 COMPLETE.— 7 ‘‘(I) IN GENERAL.—For the pur- 8 poses of this paragraph, an eligible fa- 9 cilities request to a State or local gov- 10 ernment shall be considered complete 11 if the requesting party has not re- 12 ceived a written notice from the State 13 or local government within 10 busi- 14 ness days after the date on which the 15 request is received by the State or 16 local government— 17 ‘‘(aa) stating that all the in- 18 formation (including any form or 19 other document) required by the 20 State or local government to be 21 submitted for the request to be 22 considered complete has not been 23 submitted; and 24 VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058 4 •HR 1058 IH ‘‘(bb) identifying the infor- 1 mation required to be submitted 2 that was not submitted. 3 ‘‘(II) DEFINITION.—In this 4 clause, the term ‘received by the State 5 or local government’ means— 6 ‘‘(aa) in the case of an eligi- 7 ble facilities request submitted 8 electronically, on the date on 9 which the request is transmitted; 10 ‘‘(bb) in the case of an eligi- 11 ble facilities request submitted in 12 person, on the date on which the 13 request is delivered to the indi- 14 vidual or at the location specified 15 by the State or local government 16 for in-person submission; and 17 ‘‘(cc) in the case of an eligi- 18 ble facilities request submitted in 19 any other manner, on the date 20 determined under regulations 21 promulgated by the Commission 22 for the manner in which the re- 23 quest is submitted. 24 VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058 5 •HR 1058 IH ‘‘(ii) WHEN COMPLETE REQUEST CON- 1 SIDERED RECEIVED.—For the purposes of 2 this paragraph, a complete eligible facilities 3 request shall be considered received on the 4 date on which the requesting party submits 5 to the State or local government all infor- 6 mation (including any form or other docu- 7 ment) required by the State or local gov- 8 ernment to be submitted for the request to 9 be considered complete.’’; and 10 (3) by adding at the end the following: 11 ‘‘(4) DEFINITIONS.—In this subsection: 12 ‘‘(A) ELIGIBLE FACILITIES REQUEST.— 13 The term ‘eligible facilities request’ means any 14 request for modification of an existing wireless 15 tower, base station, or eligible support structure 16 that involves— 17 ‘‘(i) collocation of new transmission 18 equipment; 19 ‘‘(ii) removal of transmission equip- 20 ment; 21 ‘‘(iii) replacement of transmission 22 equipment; or 23 ‘‘(iv) placement, modification, or con- 24 struction of equipment that— 25 VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058 6 •HR 1058 IH ‘‘(I) improves the resiliency of 1 the wireless tower, base station, or eli- 2 gible support structure; and 3 ‘‘(II) provides a direct benefit to 4 public safety, such as— 5 ‘‘(aa) providing backup 6 power for the wireless tower, base 7 station, or eligible support struc- 8 ture; 9 ‘‘(bb) hardening the wireless 10 tower, base station, or other eligi- 11 ble support structure; or 12 ‘‘(cc) providing more reliable 13 connection capability using the 14 wireless tower, base station, or 15 eligible support structure. 16 ‘‘(B) ELIGIBLE SUPPORT STRUCTURE.— 17 The term ‘eligible support structure’ means a 18 structure that supports a personal wireless serv- 19 ice facility at the time at which the eligible fa- 20 cilities request is made. 21 ‘‘(C) PERSONAL WIRELESS SERVICE FACIL- 22 ITY.—The term ‘personal wireless service facil- 23 ity’ means a facility necessary for the provision 24 of— 25 VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058 7 •HR 1058 IH ‘‘(i) commercial mobile service; 1 ‘‘(ii) commercial mobile data service 2 (as that term is defined in section 6001 of 3 the Middle Class Tax Relief and Job Cre- 4 ation Act of 2012 (47 U.S.C. 1401)); 5 ‘‘(iii) unlicensed wireless service; and 6 ‘‘(iv) common carrier wireless ex- 7 change access service.’’. 8 SEC. 3. IMPLEMENTATION. 9 Not later than 180 days after the date of the enact- 10 ment of this Act, the Federal Communications Commis- 11 sion shall issue final rules implementing section 2 of this 12 Act, and the amendments made by such section. 13 Æ VerDate Sep 11 2014 17:08 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1058.IH H1058