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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3313 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3313
To amend the Middle Class Tax Relief and Job Creation Act of 2012 to
streamline the consideration by State and local governments of requests
for modification of certain existing wireless facilities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Mr. Bucshon 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
streamline the consideration by State and local governments of requests
for modification of certain existing wireless 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 ``Wireless Resiliency and Flexible
Investment Act of 2023''.
SEC. 2. REQUESTS FOR MODIFICATION OF CERTAIN EXISTING WIRELESS
FACILITIES.
(a) In General.--Section 6409(a) of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amended--
(1) in paragraph (1), by striking ``a State or local
government'' and all that follows and inserting the following:
``a State or local government or instrumentality thereof may
not deny, and shall approve, any eligible facilities request
for a modification of an existing wireless tower, base station,
or eligible support structure that does not substantially
change the physical dimensions of such wireless tower, base
station, or eligible support structure.'';
(2) by amending paragraph (2) to read as follows:
``(2) Timeframe.--
``(A) Deemed approval.--If a State or local
government or instrumentality thereof does not, before
or on the date that is 60 days after the date on which
a requesting party submits to the government or
instrumentality a request as an eligible facilities
request, approve the request or make the determination
and provide the written notice described in
subparagraph (B) with respect to the request, the
request is deemed approved on the day after the date
that is 60 days after the date on which the requesting
party submits the request.
``(B) Determination request is not eligible
facilities request.--
``(i) Determination described.--The
determination described in this subparagraph is
a determination by a State or local government
or instrumentality thereof that a request
described in subparagraph (A) is not an
eligible facilities request.
``(ii) Written notice described.--The
written notice described in this subparagraph
is a written notice of the determination
described in clause (i) provided by the
government or instrumentality to the requesting
party that clearly describes the reasons why
the request is not an eligible facilities
request and includes a citation to a specific
provision of this subsection or the regulations
promulgated under this subsection relied upon
for the determination.
``(C) Tolling due to incompleteness.--
``(i) Initial request incomplete.--If, not
later than 30 days after the date on which a
requesting party submits to a State or local
government or instrumentality thereof a request
described in subparagraph (A), the government
or instrumentality provides to the requesting
party a written notice described in clause
(iii) with respect to the request, the 60-day
timeframe under subparagraph (A) is tolled
until the date on which the requesting party
submits to the government or instrumentality a
supplemental submission in response to the
notice.
``(ii) Supplemental submission
incomplete.--If, not later than 10 days after
the date on which a requesting party submits to
a State or local government or instrumentality
thereof a supplemental submission in response
to a written notice under clause (i) with
respect to a request described in subparagraph
(A) or a written notice under this clause with
respect to a subsequent supplemental
submission, the government or instrumentality
provides to the requesting party a written
notice described in clause (iii) with respect
to the supplemental submission, the 60-day
timeframe under subparagraph (A) is further
tolled until the date on which the requesting
party submits to the government or
instrumentality a subsequent supplemental
submission in response to the notice.
``(iii) Written notice described.--The
written notice described in this clause is,
with respect to a request described in
subparagraph (A) or a supplemental submission
described in clause (i) or (ii) submitted to a
State or local government or instrumentality
thereof by a requesting party, a written notice
from the government or instrumentality to the
requesting party--
``(I) stating that all of 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;
``(II) identifying the information
described in subclause (I) that was not
submitted; and
``(III) including a citation to a
specific provision of a publicly
available rule, regulation, or standard
issued by the government or
instrumentality requiring that such
information be submitted with such a
request.
``(iv) Limitation.--
``(I) Initial written notice.--If a
written notice provided by a State or
local government or instrumentality
thereof to a requesting party under
clause (i) with respect to a request
described in subparagraph (A)
identifies as not having been submitted
any information that the government or
instrumentality is prohibited by
paragraph (5) from requiring to be
submitted, such notice shall be treated
as not having been provided to the
requesting party.
``(II) Subsequent written notice.--
If a written notice provided by a State
or local government or instrumentality
thereof to a requesting party under
clause (ii) with respect to a
supplemental submission identifies as
not having been submitted any
information that was not identified as
not having been submitted in the prior
written notice under clause (i) or (ii)
in response to which the supplemental
submission was submitted, the
subsequent written notice shall be
treated as not having been provided to
the requesting party.
``(D) Tolling by mutual agreement.--In addition to
any tolling under subparagraph (C), the 60-day
timeframe under subparagraph (A) may be tolled by
mutual agreement between the State or local government
or instrumentality thereof and the requesting party.'';
(3) in paragraph (3), by striking ``paragraph (1)'' and
inserting ``this subsection''; and
(4) by adding at the end the following:
``(4) When request considered submitted.--
``(A) In general.--For the purposes of this
subsection, a request described in paragraph (2)(A)
shall be considered submitted on the date on which the
requesting party takes the first procedural step within
the control of the requesting party--
``(i) to submit such request in accordance
with the procedures established by the
government or instrumentality for the review
and approval of such a request; or
``(ii) in the case of a government or
instrumentality that has not established
specific procedures for the review and approval
of such a 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.
``(B) No pre-application requirements.--A State or
local government or instrumentality thereof may not
require a requesting party to undertake any process,
meeting, or other step prior to or as a prerequisite to
a request being considered submitted.
``(5) Limitation on required documentation.--A State or
local government or instrumentality thereof may require a
requesting party submitting a request as an eligible facilities
request to submit information (including a form or other
document) with such request only to the extent that such
information is reasonably related to determining whether such
request is an eligible facilities request and is identified in
a publicly available rule, regulation, or standard issued by
the government or instrumentality requiring that such
information be submitted with such a request. A State or local
government or instrumentality thereof may not require a
requesting party to submit any other documentation or
information with such a request.
``(6) Enforcement.--
``(A) In general.--A requesting party may bring an
action in any district court of the United States to
enforce the provisions of this subsection.
``(B) Expedited review.--A district court of the
United States shall consider an action under
subparagraph (A) on an expedited basis.
``(7) Definitions.--In this subsection:
``(A) Eligible facilities request.--The term
`eligible facilities request' means any request for a
modification of an existing wireless tower, base
station, or eligible support structure that does not
substantially change the physical dimensions of such
wireless tower, base station, or eligible support
structure and that involves--
``(i) collocation of new transmission
equipment;
``(ii) removal of transmission equipment;
``(iii) replacement of transmission
equipment; or
``(iv) placement, construction, or
modification of equipment that--
``(I) improves the resiliency of
the wireless tower, base station, or
eligible support structure; and
``(II) provides a direct benefit to
public safety, such as--
``(aa) providing backup
power for the wireless tower,
base station, or eligible
support structure;
``(bb) hardening the
wireless tower, base station,
or eligible support structure;
or
``(cc) providing more
reliable connection capability
using the wireless tower, base
station, or eligible support
structure.
``(B) Eligible support structure.--The term
`eligible support structure' means a structure that, at
the time when an eligible facilities request for a
modification of such structure is submitted to a State
or local government or instrumentality thereof,
supports or could support transmission equipment.
``(C) Transmission equipment.--The term
`transmission equipment' has the meaning given such
term in section 1.6100(b)(8) of title 47, Code of
Federal Regulations (as in effect on the date of the
enactment of this paragraph).''.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue final rules to implement the amendments made by subsection (a).
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to any eligible facilities request described in
paragraph (1) of section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1455(a)) that is submitted (as
determined under paragraph (4) of such section, as added by subsection
(a)) by a requesting party on or after the date of the enactment of
this Act.
<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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