Wireless Resiliency and Flexible Investment Act

I 116TH CONGRESS 2D SESSION H. R. 7360 To amend the Middle Class Tax Relief and Job Creation Act of 2012 to codify the 60-day time frame for certain eligible facilities requests. IN THE HOUSE OF REPRESENTATIVES JUNE 25, 2020 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 codify the 60-day time frame for certain eligible facilities requests. 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 SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN ELI- 6 GIBLE FACILITIES REQUESTS. 7 Section 6409(a) of the Middle Class Tax Relief and 8 Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amend- 9 ed— 10 VerDate Sep 11 2014 00:36 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7360.IH H7360 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7360 IH (1) by amending paragraph (2) to read as fol- 1 lows: 2 ‘‘(2) TIME FRAME.— 3 ‘‘(A) IN GENERAL.—Not later than 60 4 days after the date on which a State or local 5 government receives a complete eligible facilities 6 request described under paragraph (1), the 7 State or local government shall approve such 8 request. 9 ‘‘(B) WHEN REQUEST CONSIDERED COM- 10 PLETE; RECEIVED.— 11 ‘‘(i) IN GENERAL.—For the purposes 12 of this paragraph, an eligible facilities re- 13 quest shall be considered— 14 ‘‘(I) complete if— 15 ‘‘(aa) the requesting party 16 makes the request by submitting 17 to the State or local government 18 the application form required to 19 be used for making the request; 20 ‘‘(bb) the application form 21 submitted contains all of the in- 22 formation specified by the form 23 as being required to be included 24 in form; and 25 VerDate Sep 11 2014 00:36 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7360.IH H7360 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7360 IH ‘‘(cc) the requesting party 1 has not received a written notice 2 from the State or local govern- 3 ment within 10 business days 4 after the date on which the re- 5 quest is received by the State or 6 local government— 7 ‘‘(AA) stating that the 8 application form does not 9 contain all of the informa- 10 tion required to be included 11 in the form; and 12 ‘‘(BB) identifying the 13 information required to be 14 included in the form that 15 was not included; and 16 ‘‘(II) received by the State or 17 local government— 18 ‘‘(aa) in the case of a re- 19 quest submitted electronically, on 20 the date on which the application 21 form required to be used for 22 making the request is trans- 23 mitted; 24 VerDate Sep 11 2014 00:36 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7360.IH H7360 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7360 IH ‘‘(bb) in the case of a re- 1 quest submitted in person, on the 2 date on which the application 3 form required to be used for 4 making the request is delivered 5 to the individual or at the loca- 6 tion specified in the form for in- 7 person submission; or 8 ‘‘(cc) in the case of a re- 9 quest submitted in any other 10 manner, on the date determined 11 under regulations promulgated by 12 the Commission for the manner 13 in which the request is made. 14 ‘‘(ii) TREATMENT OF MULTIPLE 15 FORMS.—If a State or local government re- 16 quires the use of multiple forms for mak- 17 ing an eligible facilities request, such forms 18 shall be treated as a single form for pur- 19 poses of clause (i). 20 ‘‘(C) DEEMED APPROVAL.—If a State or 21 local government does not approve an eligible 22 facilities request by the date required under 23 subparagraph (A), the request is deemed ap- 24 proved on the day after such date.’’; and 25 VerDate Sep 11 2014 00:36 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7360.IH H7360 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7360 IH (2) by adding at the end the following: 1 ‘‘(4) DEFINITIONS.—In this subsection: 2 ‘‘(A) ELIGIBLE FACILITIES REQUEST.— 3 The term ‘eligible facilities request’ means any 4 request for modification of an existing wireless 5 tower, base station, or eligible support structure 6 that involves— 7 ‘‘(i) collocation of new transmission 8 equipment; 9 ‘‘(ii) removal of transmission equip- 10 ment; 11 ‘‘(iii) replacement of transmission 12 equipment; or 13 ‘‘(iv) placement, modification, or con- 14 struction of equipment that— 15 ‘‘(I) improves the resiliency of 16 the communications network; and 17 ‘‘(II) provides a direct benefit to 18 public safety, such as— 19 ‘‘(aa) providing backup 20 power; 21 ‘‘(bb) hardening the wireless 22 tower, base station, or other eligi- 23 ble support structure; or 24 VerDate Sep 11 2014 00:36 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7360.IH H7360 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7360 IH ‘‘(cc) providing more reliable 1 connection capability. 2 ‘‘(B) ELIGIBLE SUPPORT STRUCTURE.— 3 The term ‘eligible support structure’ means a 4 structure that supports a personal wireless serv- 5 ice facility at the time at which the eligible fa- 6 cilities request is made. 7 ‘‘(C) PERSONAL WIRELESS SERVICE FACIL- 8 ITY.—The term ‘personal wireless service facil- 9 ity’ means a facility necessary for the provision 10 of— 11 ‘‘(i) commercial mobile service; 12 ‘‘(ii) commercial mobile data service 13 (as that term is defined in section 6001 of 14 the Middle Class Tax Relief and Job Cre- 15 ation Act of 2012 (47 U.S.C. 1401)); 16 ‘‘(iii) unlicensed wireless service; and 17 ‘‘(iv) common carrier wireless ex- 18 change access service.’’. 19 Æ VerDate Sep 11 2014 00:36 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7360.IH H7360 pbinns on DSKJLVW7X2PROD with BILLS