Broadband Resiliency and Flexible Investment Act
This bill makes certain changes to the process through which states, localities, and their instrumentalities must evaluate requests to modify existing wireless communications towers, base stations, and other telecommunications service facilities.
Specifically, the bill provides statutory authority for the requirement that states and localities approve eligible modification requests within 60 days of their submission. A request is generally eligible if it proposes to add, replace, or remove transmission equipment in a manner that does not substantially change the physical dimensions of the existing structure.
If a request is deemed ineligible, the state or locality must provide written notice and an explanation to the requesting party. If a state or locality fails to respond to a request, it is deemed to be approved. The bill sets out procedures and timelines for addressing incomplete requests and supplemental submissions.
Further, the bill provides statutory authority for the requirement that a request be considered submitted (thereby starting the 60-day clock) on the date the requesting party takes the first procedural step within its control to submit the request. The bill also limits the procedural steps and documentation requirements that states and localities may impose upon requesting parties.
A requesting party may enforce the requirements of the bill in any U.S. district court, and courts must consider actions brought by a requesting party on an expedited basis.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 339 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 339
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
telecommunications service facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2025
Mr. Crenshaw 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
telecommunications 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 ``Broadband Resiliency and Flexible
Investment Act''.
SEC. 2. REQUESTS FOR MODIFICATION OF CERTAIN EXISTING WIRELESS AND
TELECOMMUNICATIONS SERVICE 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--
``(A) 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; and
``(B) any eligible telecommunications facilities
request for a modification of an existing
telecommunications service facility in or on eligible
support infrastructure that does not substantially
change the physical dimensions of such facility.'';
(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 or an eligible telecommunications facilities
request (as the case may be), 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 an eligible
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 or an eligible
telecommunications facilities request (as the
case may be).
``(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 or an eligible telecommunications
facilities request (as the case may be) 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 or an eligible telecommunications 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 or an eligible telecommunications
facilities request (as the case may be) 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 infrastructure.--The term
`eligible support infrastructure' means infrastructure
that supports or houses a telecommunications service
facility at the time when an eligible
telecommunications facilities request for a
modification of such facility is submitted to a State
or local government or instrumentality thereof.
``(C) 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.
``(D) Eligible telecommunications facilities
request.--The term `eligible telecommunications
facilities request' means any request for a
modification of an existing telecommunications service
facility in or on eligible support infrastructure that
does not substantially change the physical dimensions
of such facility and that involves--
``(i) collocation of new telecommunications
service facility equipment;
``(ii) removal of telecommunications
service facility equipment; or
``(iii) replacement of telecommunications
service facility equipment.
``(E) Telecommunications service facility.--The
term `telecommunications service facility'--
``(i) means a facility that is designed or
used to provide or facilitate the provision of
any interstate or intrastate telecommunications
service; and
``(ii) includes a facility described in
clause (i) that is used to provide other
services.
``(F) 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 or eligible
telecommunications 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.
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