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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wireless Resiliency and 

5 Flexible Investment Act’’. 

6 SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN ELI7 GIBLE FACILITIES REQUESTS. 

8 Section 6409(a) of the Middle Class Tax Relief and 

9 Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amend10 ed— 


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1 (1) by amending paragraph (2) to read as fol2 lows: 

3 ‘‘(2) TIME FRAME.— 

4 ‘‘(A) IN GENERAL.—Not later than 60 

5 days after the date on which a State or local 

6 government receives a complete eligible facilities 

7 request described under paragraph (1), the 

8 State or local government shall approve such 

9 request. 

10 ‘‘(B) WHEN REQUEST CONSIDERED COM11 PLETE; RECEIVED.— 

12 ‘‘(i) IN GENERAL.—For the purposes 

13 of this paragraph, an eligible facilities re14 quest shall be considered— 

15 ‘‘(I) complete if— 

16 ‘‘(aa) the requesting party 

17 makes the request by submitting 

18 to the State or local government 

19 the application form required to 

20 be used for making the request; 

21 ‘‘(bb) the application form 

22 submitted contains all of the in23 formation specified by the form 

24 as being required to be included 

25 in form; and 


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1 ‘‘(cc) the requesting party 

2 has not received a written notice 

3 from the State or local govern4 ment within 10 business days 

5 after the date on which the re6 quest is received by the State or 

7 local government— 

8 ‘‘(AA) stating that the 

9 application form does not 

10 contain all of the informa11 tion required to be included 

12 in the form; and 

13 ‘‘(BB) identifying the 

14 information required to be 

15 included in the form that 

16 was not included; and 

17 ‘‘(II) received by the State or 

18 local government— 

19 ‘‘(aa) in the case of a re20 quest submitted electronically, on 

21 the date on which the application 

22 form required to be used for 

23 making the request is trans24 mitted; 


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1 ‘‘(bb) in the case of a re2 quest submitted in person, on the 

3 date on which the application 

4 form required to be used for 

5 making the request is delivered 

6 to the individual or at the loca7 tion specified in the form for in8 person submission; or 

9 ‘‘(cc) in the case of a re10 quest submitted in any other 

11 manner, on the date determined 

12 under regulations promulgated by 

13 the Commission for the manner 

14 in which the request is made. 

15 ‘‘(ii) TREATMENT OF MULTIPLE

16 FORMS.—If a State or local government re17 quires the use of multiple forms for mak18 ing an eligible facilities request, such forms 

19 shall be treated as a single form for pur20 poses of clause (i). 

21 ‘‘(C) DEEMED APPROVAL.—If a State or 

22 local government does not approve an eligible 

23 facilities request by the date required under 

24 subparagraph (A), the request is deemed ap25 proved on the day after such date.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(4) DEFINITIONS.—In this subsection: 

3 ‘‘(A) ELIGIBLE FACILITIES REQUEST.— 

4 The term ‘eligible facilities request’ means any 

5 request for modification of an existing wireless 

6 tower, base station, or eligible support structure 

7 that involves— 

8 ‘‘(i) collocation of new transmission 

9 equipment; 

10 ‘‘(ii) removal of transmission equip11 ment; 

12 ‘‘(iii) replacement of transmission 

13 equipment; or 

14 ‘‘(iv) placement, modification, or con15 struction of equipment that— 

16 ‘‘(I) improves the resiliency of 

17 the communications network; and 

18 ‘‘(II) provides a direct benefit to 

19 public safety, such as— 

20 ‘‘(aa) providing backup 

21 power; 

22 ‘‘(bb) hardening the wireless 

23 tower, base station, or other eligi24 ble support structure; or 


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1 ‘‘(cc) providing more reliable 

2 connection capability. 

3 ‘‘(B) ELIGIBLE SUPPORT STRUCTURE.— 

4 The term ‘eligible support structure’ means a 

5 structure that supports a personal wireless serv6 ice facility at the time at which the eligible fa7 cilities request is made. 

8 ‘‘(C) PERSONAL WIRELESS SERVICE FACIL9 ITY.—The term ‘personal wireless service facil10 ity’ means a facility necessary for the provision 

11 of— 

12 ‘‘(i) commercial mobile service; 

13 ‘‘(ii) commercial mobile data service 

14 (as that term is defined in section 6001 of 

15 the Middle Class Tax Relief and Job Cre16 ation Act of 2012 (47 U.S.C. 1401)); 

17 ‘‘(iii) unlicensed wireless service; and 

18 ‘‘(iv) common carrier wireless ex19 change access service.’’. 

Æ 


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