Wireless Resiliency and Flexible Investment Act
This bill provides statutory authority for the 60-day time frame for a state or local government that receives a complete eligible facilities request to approve such request. Further, the bill makes other changes related to eligible facilities requests, including expanding the definition of such requests to include any requests for the modification of an existing wireless tower, base station, or eligible support structure that involves the placement, modification, or construction of equipment that improves the resiliency of the communications network and provides a direct benefit to public safety.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7360 Introduced in House (IH)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Resiliency and Flexible
Investment Act''.
SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN ELIGIBLE FACILITIES
REQUESTS.
Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1455(a)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Time frame.--
``(A) In general.--Not later than 60 days after the
date on which a State or local government receives a
complete eligible facilities request described under
paragraph (1), the State or local government shall
approve such request.
``(B) When request considered complete; received.--
``(i) In general.--For the purposes of this
paragraph, an eligible facilities request shall
be considered--
``(I) complete if--
``(aa) the requesting party
makes the request by submitting
to the State or local
government the application form
required to be used for making
the request;
``(bb) the application form
submitted contains all of the
information specified by the
form as being required to be
included in form; and
``(cc) the requesting party
has not received a written
notice from the State or local
government within 10 business
days after the date on which
the request is received by the
State or local government--
``(AA) stating that
the application form
does not contain all of
the information
required to be included
in the form; and
``(BB) identifying
the information
required to be included
in the form that was
not included; and
``(II) received by the State or
local government--
``(aa) in the case of a
request submitted
electronically, on the date on
which the application form
required to be used for making
the request is transmitted;
``(bb) in the case of a
request submitted in person, on
the date on which the
application form required to be
used for making the request is
delivered to the individual or
at the location specified in
the form for in-person
submission; or
``(cc) in the case of a
request submitted in any other
manner, on the date determined
under regulations promulgated
by the Commission for the
manner in which the request is
made.
``(ii) Treatment of multiple forms.--If a
State or local government requires the use of
multiple forms for making an eligible
facilities request, such forms shall be treated
as a single form for purposes of clause (i).
``(C) Deemed approval.--If a State or local
government does not approve an eligible facilities
request by the date required under subparagraph (A),
the request is deemed approved on the day after such
date.''; and
(2) by adding at the end the following:
``(4) Definitions.--In this subsection:
``(A) Eligible facilities request.--The term
`eligible facilities request' means any request for
modification of an existing wireless tower, base
station, or eligible support structure that involves--
``(i) collocation of new transmission
equipment;
``(ii) removal of transmission equipment;
``(iii) replacement of transmission
equipment; or
``(iv) placement, modification, or
construction of equipment that--
``(I) improves the resiliency of
the communications network; and
``(II) provides a direct benefit to
public safety, such as--
``(aa) providing backup
power;
``(bb) hardening the
wireless tower, base station,
or other eligible support
structure; or
``(cc) providing more
reliable connection capability.
``(B) Eligible support structure.--The term
`eligible support structure' means a structure that
supports a personal wireless service facility at the
time at which the eligible facilities request is made.
``(C) Personal wireless service facility.--The term
`personal wireless service facility' means a facility
necessary for the provision of--
``(i) commercial mobile service;
``(ii) commercial mobile data service (as
that term is defined in section 6001 of the
Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1401));
``(iii) unlicensed wireless service; and
``(iv) common carrier wireless exchange
access service.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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