I 

117TH CONGRESS 

1ST SESSION H. R. 1058 

To amend the Middle Class Tax Relief and Job Creation Act of 2012 to 

amend the definition of eligible facilities request, to codify the 60-day 

time frame for certain eligible facilities requests, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

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 amend the definition of eligible facilities 

request, to codify the 60-day time frame for certain 

eligible facilities requests, and for other purposes. 

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’’. 

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1 SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN ELI2 GIBLE FACILITIES REQUESTS. 

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

4 Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amend5 ed— 

6 (1) in paragraph (1), by striking ‘‘eligible facili7 ties request for a modification of an existing wireless 

8 tower or base station that does not substantially 

9 change the physical dimensions of such tower or 

10 base station’’ and inserting ‘‘complete eligible facili11 ties request for a modification of an existing wireless 

12 tower, base station, or eligible support structure that 

13 does not substantially change the physical dimen14 sions of such tower, base station, or eligible support 

15 structure’’; 

16 (2) by amending paragraph (2) to read as fol17 lows: 

18 ‘‘(2) TIME FRAME.— 

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

20 days after the date on which a State or local 

21 government receives a complete eligible facilities 

22 request described under paragraph (1), the 

23 State or local government shall approve such 

24 request. 

25 ‘‘(B) DEEMED APPROVAL.—If a State or 

26 local government does not approve an eligible 

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1 facilities request by the date required under 

2 subparagraph (A), the request is deemed ap3 proved on the day after such date. 

4 ‘‘(C) WHEN REQUEST CONSIDERED COM5 PLETE; RECEIVED.— 

6 ‘‘(i) WHEN REQUEST CONSIDERED

7 COMPLETE.— 

8 ‘‘(I) IN GENERAL.—For the pur9 poses of this paragraph, an eligible fa10 cilities request to a State or local gov11 ernment shall be considered complete 

12 if the requesting party has not re13 ceived a written notice from the State 

14 or local government within 10 busi15 ness days after the date on which the 

16 request is received by the State or 

17 local government— 

18 ‘‘(aa) stating that all the in19 formation (including any form or 

20 other document) required by the 

21 State or local government to be 

22 submitted for the request to be 

23 considered complete has not been 

24 submitted; and 

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1 ‘‘(bb) identifying the infor2 mation required to be submitted 

3 that was not submitted. 

4 ‘‘(II) DEFINITION.—In this 

5 clause, the term ‘received by the State 

6 or local government’ means— 

7 ‘‘(aa) in the case of an eligi8 ble facilities request submitted 

9 electronically, on the date on 

10 which the request is transmitted; 

11 ‘‘(bb) in the case of an eligi12 ble facilities request submitted in 

13 person, on the date on which the 

14 request is delivered to the indi15 vidual or at the location specified 

16 by the State or local government 

17 for in-person submission; and 

18 ‘‘(cc) in the case of an eligi19 ble facilities request submitted in 

20 any other manner, on the date 

21 determined under regulations 

22 promulgated by the Commission 

23 for the manner in which the re24 quest is submitted. 

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1 ‘‘(ii) WHEN COMPLETE REQUEST CON2 SIDERED RECEIVED.—For the purposes of 

3 this paragraph, a complete eligible facilities 

4 request shall be considered received on the 

5 date on which the requesting party submits 

6 to the State or local government all infor7 mation (including any form or other docu8 ment) required by the State or local gov9 ernment to be submitted for the request to 

10 be considered complete.’’; and 

11 (3) by adding at the end the following: 

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

13 ‘‘(A) ELIGIBLE FACILITIES REQUEST.— 

14 The term ‘eligible facilities request’ means any 

15 request for modification of an existing wireless 

16 tower, base station, or eligible support structure 

17 that involves— 

18 ‘‘(i) collocation of new transmission 

19 equipment; 

20 ‘‘(ii) removal of transmission equip21 ment; 

22 ‘‘(iii) replacement of transmission 

23 equipment; or 

24 ‘‘(iv) placement, modification, or con25 struction of equipment that— 

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1 ‘‘(I) improves the resiliency of 

2 the wireless tower, base station, or eli3 gible support structure; and 

4 ‘‘(II) provides a direct benefit to 

5 public safety, such as— 

6 ‘‘(aa) providing backup 

7 power for the wireless tower, base 

8 station, or eligible support struc9 ture; 

10 ‘‘(bb) hardening the wireless 

11 tower, base station, or other eligi12 ble support structure; or 

13 ‘‘(cc) providing more reliable 

14 connection capability using the 

15 wireless tower, base station, or 

16 eligible support structure. 

17 ‘‘(B) ELIGIBLE SUPPORT STRUCTURE.— 

18 The term ‘eligible support structure’ means a 

19 structure that supports a personal wireless serv20 ice facility at the time at which the eligible fa21 cilities request is made. 

22 ‘‘(C) PERSONAL WIRELESS SERVICE FACIL23 ITY.—The term ‘personal wireless service facil24 ity’ means a facility necessary for the provision 

25 of— 

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1 ‘‘(i) commercial mobile service; 

2 ‘‘(ii) commercial mobile data service 

3 (as that term is defined in section 6001 of 

4 the Middle Class Tax Relief and Job Cre5 ation Act of 2012 (47 U.S.C. 1401)); 

6 ‘‘(iii) unlicensed wireless service; and 

7 ‘‘(iv) common carrier wireless ex8 change access service.’’. 

9 SEC. 3. IMPLEMENTATION. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Federal Communications Commis12 sion shall issue final rules implementing section 2 of this 

13 Act, and the amendments made by such section. 

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