Winning the International Race for Economic Leadership and Expanding Service to Support Leadership Act or the WIRELESS Leadership Act
This bill limits the authority of a state or locality to regulate the placement, construction, or modification of personal wireless service facilities.
The bill revises the prohibition on states or localities discriminating among providers of a personal wireless service to state that providing exclusive or preferential use of facilities to a particular class of providers is prohibited.
However, states or localities may establish reasonable and nondiscriminatory requirements for engineering standards, safety, and aesthetics. They may also charge reasonable, cost-based fees for (1) reviewing requests to place, construct, or modify personal wireless service facilities; or (2) using property owned or managed by the state or locality for placing, constructing, or modifying a facility.
Additionally, states and localities must respond to requests to place, construct, or modify facilities by specified deadlines. If a decision is not made by the deadline, the request is deemed to be approved.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3279 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3279
To amend the Communications Act of 1934 to streamline siting processes
for personal wireless service facilities, including small personal
wireless service facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Mr. Latta introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to streamline siting processes
for personal wireless service facilities, including small personal
wireless service facilities, and for other purposes.
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 ``Winning the International Race for
Economic Leadership and Expanding Service to Support Leadership Act''
or the ``WIRELESS Leadership Act''.
SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c))
is amended by striking paragraph (7) and inserting the following:
``(7) Preservation of local zoning authority.--
``(A) General authority.--Except as provided in
this paragraph, nothing in this Act shall limit or
affect the authority of a State or local government or
instrumentality thereof over decisions regarding the
placement, construction, or modification of personal
wireless service facilities.
``(B) Limitations.--
``(i) In general.--The regulation of the
placement, construction, or modification of a
personal wireless service facility by any State
or local government or instrumentality
thereof--
``(I) shall not discriminate among
personal wireless service facilities or
providers of communications service,
including by providing exclusive or
preferential use of facilities to a
particular provider or class of
providers of personal wireless service;
and
``(II) shall not prohibit or have
the effect of prohibiting the
provision, improvement, or enhancement
of personal wireless service.
``(ii) Engineering standards; aesthetic
requirements.--It is not a violation of clause
(i) for a State or local government or
instrumentality thereof to establish for
personal wireless service facilities, or
structures that support such facilities,
objective, reasonable, and nondiscriminatory--
``(I) structural engineering
standards based on generally applicable
codes;
``(II) safety requirements; or
``(III) aesthetic or concealment
requirements (unless such requirements
prohibit or have the effect of
prohibiting the installation or
modification of such facilities or
structures).
``(iii) Timeframes.--
``(I) In general.--Except in the
case of an eligible facilities request
to which section 6409(a) of the Middle
Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1455(a)) applies, a
State or local government or
instrumentality thereof shall grant or
deny a complete request for
authorization to place, construct, or
modify a personal wireless service
facility not later than--
``(aa) in the case of a
request for authorization to
place, construct, or modify a
personal wireless service
facility that is not a small
personal wireless service
facility--
``(AA) if the
request is for
authorization to place,
construct, or modify
such facility using an
existing structure,
including with respect
to an area that has not
previously been zoned
for personal wireless
service facilities
(other than small
personal wireless
service facilities), 90
days after the date on
which the complete
request is received by
the government or
instrumentality; or
``(BB) if the
request is for any
other action relating
to such facility, 150
days after the date on
which the complete
request is received by
the government or
instrumentality; and
``(bb) in the case of a
request for authorization to
place, construct, or modify a
small personal wireless service
facility--
``(AA) if the
request is for
authorization to place,
construct, or modify
such facility using an
existing structure, 60
days after the date on
which the complete
request is received by
the government or
instrumentality; or
``(BB) if the
request is for any
other action relating
to such facility, 90
days after the date on
which the complete
request is received by
the government or
instrumentality.
``(II) Treatment of batched
requests.--In the case of complete
requests described in subclause (I)
that are submitted as part of a single
batch and received by the government or
instrumentality on the same day, the
applicable timeframe under such
subclause for each request in the batch
shall be the longest timeframe under
such subclause that would be applicable
to any request in the batch if such
requests were submitted separately.
``(III) Applicability.--The
applicable timeframe under subclause
(I) shall apply collectively to all
proceedings required by a State or
local government or instrumentality
thereof for the approval of the
request.
``(IV) No tolling.--A timeframe
under subclause (I) may not be tolled
by any moratorium, whether express or
de facto, imposed by a State or local
government or instrumentality thereof
on the submission, acceptance, or
consideration of any request for
authorization to place, construct, or
modify a personal wireless service
facility.
``(iv) Deemed granted.--
``(I) In general.--If a State or
local government or instrumentality
thereof fails to take final action to
grant or deny a complete request within
the applicable timeframe under
subclause (I) of clause (iii), the
request shall be deemed granted on the
date on which the government or
instrumentality receives a written
notice of the failure from the
requesting party.
``(II) Rule of construction.--In
the case of a request that is deemed
granted under subclause (I), the
placement, construction, or
modification requested in the request
shall be considered to be authorized,
without any further action by the
government or instrumentality,
beginning on the date on which the
request is deemed granted under such
subclause.
``(v) Written decision and record.--Any
decision by a State or local government or
instrumentality thereof to deny a request for
authorization to place, construct, or modify a
personal wireless service facility shall be--
``(I) in writing;
``(II) supported by substantial
evidence contained in a written record;
and
``(III) publicly released, and
provided to the requesting party, on
the same day such decision is made.
``(vi) Environmental effects of radio
frequency emissions.--No State or local
government or instrumentality thereof may
regulate the operation, placement,
construction, or modification of personal
wireless service facilities on the basis of the
environmental effects of radio frequency
emissions to the extent that such facilities or
structures comply with the Commission's
regulations concerning such emissions.
``(vii) Fees.--To the extent permitted by
law, a State or local government or
instrumentality thereof may charge a fee to
consider a request for authorization to place,
construct, or modify a personal wireless
service facility or a fee for use of a right-
of-way or a facility in a right-of-way owned or
managed by the government or instrumentality
for the placement, construction, or
modification of a personal wireless service
facility, if the fee is--
``(I) competitively neutral,
technology neutral, and
nondiscriminatory;
``(II) established in advance and
publicly disclosed;
``(III) calculated--
``(aa) based on actual and
direct costs for--
``(AA) review and
processing of requests;
and
``(BB) repairs and
replacement of
components and
materials resulting
from and affected by
the placement,
construction, or
modification (including
the installation or
improvement) of
personal wireless
service facilities or
repairs and replacement
of equipment that
facilitates the
placement,
construction, or
modification (including
the installation or
improvement) of such
facilities; and
``(bb) using, for purposes
of item (aa), only costs that
are objectively reasonable; and
``(IV) described to a requesting
party in a manner that distinguishes
between--
``(aa) nonrecurring fees
and recurring fees; and
``(bb) the use of
facilities on which personal
wireless service facilities are
already located and facilities
on which there are no personal
wireless service facilities as
of the date on which the
complete request is received by
the government or
instrumentality.
``(C) Judicial or administrative review.--
``(i) Judicial review.--Any person
adversely affected by any final action or
failure to act by a State or local government
or any instrumentality thereof that is
inconsistent with this paragraph may, within 30
days after the action or failure to act,
commence an action in any court of competent
jurisdiction, which shall hear and decide the
action on an expedited basis.
``(ii) Administrative review.--
``(I) In general.--Any person
adversely affected by any final action
or failure to act by a State or local
government or any instrumentality
thereof that is inconsistent with this
paragraph may petition the Commission
to review such action or failure to
act.
``(II) Timing.--Not later than 120
days after receiving a petition under
subclause (I), the Commission shall
grant or deny such petition.
``(D) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this paragraph, a request to a State
or local government or instrumentality
thereof shall be considered complete if
the requesting party--
``(aa) has taken the first
procedural step within the
control of the requesting
party--
``(AA) to submit
such request in
accordance with the
procedures established
by the government or
instrumentality for the
review and approval of
such request; or
``(BB) in the case
of a government or
instrumentality that
has not established
specific procedures for
the review and approval
of such request, to
submit to the
government or
instrumentality the
type of filing that is
typically required to
initiate a standard
review for a similar
facility or structure;
and
``(bb) has not received a
written notice from the
government or instrumentality
within 10 days after the date
on which the request is
received by the government or
instrumentality, if the request
is with respect to a small
personal wireless service
facility, or 30 days after such
date, if the request is with
respect to any other personal
wireless service facility--
``(AA) stating that
all the information
(including any form or
other document)
required by the
government or
instrumentality to be
submitted for the
request to be
considered complete has
not been submitted;
``(BB) identifying
the information
required to be
submitted that was not
submitted; and
``(CC) citing a
specific provision of a
publicly available
rule, regulation, or
standard of the
government or
instrumentality that
requires the
information identified
under subitem (BB) to
be submitted.
``(II) Definition.--In this clause,
the term `the date on which the request
is received by the government or
instrumentality' means--
``(aa) in the case of a
request submitted
electronically, the date on
which the request is
transmitted;
``(bb) in the case of a
request submitted in person,
the date on which the request
is delivered to the individual
or at the location specified by
the government or
instrumentality for in-person
submission; and
``(cc) in the case of a
request submitted in any other
manner, the date determined
under regulations promulgated
by the Commission for the
manner in which the request is
submitted.
``(ii) When complete request considered
received.--For the purposes of this paragraph,
a complete request shall be considered
received--
``(I) except as provided in
subclause (II), on the date on which
the requesting party submits to the
government or instrumentality all
information (including any form or
other document) required by the
government or instrumentality to be
submitted for the request to be
considered complete; or
``(II) in the case of a request
with respect to which all such
information is not submitted and that
is considered complete under clause
(i)(I) because the requesting party has
not received a written notice from the
government or instrumentality within
the period described in such clause, on
the day after the last day of such
period.
``(E) Rule of construction.--Nothing in this
paragraph may be construed to affect section 6409(a) of
the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1455(a)).
``(F) Definitions.--In this paragraph:
``(i) Antenna.--The term `antenna' means an
apparatus designed for the purpose of emitting
radiofrequency radiation, to be operated or
operating from a fixed location for the
transmission of writing, signs, signals, data,
images, pictures, and sounds of all kinds.
``(ii) Communications network.--The term
`communications network' means a network used
to provide a communications service.
``(iii) Communications service.--The term
`communications service' means each of--
``(I) cable service, as defined in
section 602;
``(II) information service;
``(III) telecommunications service;
and
``(IV) personal wireless service.
``(iv) Generally applicable code.--The term
`generally applicable code' means a uniform
building, fire, electrical, plumbing, or
mechanical code adopted by a national code
organization, or a local amendment to such a
code, to the extent not inconsistent with this
Act.
``(v) Network interface device.--The term
`network interface device' means a
telecommunications demarcation device and
cross-connect point that--
``(I) is adjacent or proximate to--
``(aa) a small personal
wireless service facility; or
``(bb) a structure
supporting a small personal
wireless service facility; and
``(II) demarcates the boundary with
any wireline backhaul facility.
``(vi) Personal wireless service.--The term
`personal wireless service' means any fixed or
mobile service (other than a broadcasting
service) provided via licensed or unlicensed
frequencies, including--
``(I) commercial mobile service;
``(II) commercial mobile data
service (as 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.
``(vii) Personal wireless service
facility.--The term `personal wireless service
facility' means a facility used to provide or
support the provision of personal wireless
service.
``(viii) Small personal wireless service
facility.--The term `small personal wireless
service facility' means a personal wireless
service facility in which each antenna is not
more than 3 cubic feet in volume (excluding a
wireline backhaul facility connected to such
personal wireless service facility).
``(ix) Unlicensed wireless service.--The
term `unlicensed wireless service'--
``(I) means the offering of
telecommunications service using a duly
authorized device that does not require
an individual license; and
``(II) does not include the
provision of direct-to-home satellite
services, as defined in section 303(v).
``(x) Wireline backhaul facility.--The term
`wireline backhaul facility' means an above-
ground or underground wireline facility used to
transport communications service or other
electronic communications from a small personal
wireless service facility or the adjacent
network interface device of such facility to a
communications network.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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