I 

117TH CONGRESS 

1ST SESSION H. R. 1045 

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 certain eligible 

telecommunications facilities requests, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

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 amend the definition of eligible facilities 

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

eligible facilities requests and certain eligible telecommunications 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 ‘‘Broadband Resiliency 

5 and Flexible Investment Act’’. 

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1 SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN RE2 QUESTS. 

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 ‘‘any eligible 

7 facilities request’’ and inserting the following: ‘‘any 

8 complete— 

9 ‘‘(A) eligible facilities request for a modi10 fication of an existing wireless tower, base sta11 tion, or eligible support structure that does not 

12 substantially change the physical dimensions of 

13 such tower, base station, or eligible support 

14 structure; and 

15 ‘‘(B) eligible telecommunications facilities 

16 request for a modification of any existing tele17 communications service facility in or on an eli18 gible support infrastructure that does not sub19 stantially change the physical dimensions of 

20 such facility.’’; 

21 (2) by amending paragraph (2) to read as fol22 lows: 

23 ‘‘(2) TIME FRAME.— 

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

25 days after the date on which a State or local 

26 government receives a complete request deVerDate Sep 11 2014 17:05 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1045.IH H1045
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1 scribed under paragraph (1), the State or local 

2 government shall approve such request. 

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

4 local government does not approve a request by 

5 the date required under subparagraph (A), the 

6 request is deemed approved on the day after 

7 such date. 

8 ‘‘(C) WHEN REQUEST CONSIDERED COM9 PLETE; RECEIVED.— 

10 ‘‘(i) WHEN REQUEST CONSIDERED

11 COMPLETE.— 

12 ‘‘(I) IN GENERAL.—For the pur13 poses of this paragraph, a request to 

14 a State or local government shall be 

15 considered complete if the requesting 

16 party has not received a written notice 

17 from the State or local government 

18 within 10 business days after the date 

19 on which the request is received by 

20 the State or local government— 

21 ‘‘(aa) stating that all the in22 formation (including any form or 

23 other document) required by the 

24 State or local government to be 

25 submitted for the request to be 

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1 considered complete has not been 

2 submitted; and 

3 ‘‘(bb) identifying the infor4 mation required to be submitted 

5 that was not submitted. 

6 ‘‘(II) DEFINITION.—In this 

7 clause, the term ‘received by the State 

8 or local government’ means— 

9 ‘‘(aa) in the case of a re10 quest submitted electronically, on 

11 the date on which the request is 

12 transmitted; 

13 ‘‘(bb) in the case of a re14 quest submitted in person, on the 

15 date on which the request is de16 livered to the individual or at the 

17 location specified by the State or 

18 local government for in-person 

19 submission; and 

20 ‘‘(cc) in the case of a re21 quest submitted in any other 

22 manner, on the date determined 

23 under regulations promulgated by 

24 the Commission for the manner 

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1 in which the request is sub2 mitted. 

3 ‘‘(ii) WHEN COMPLETE REQUEST CON4 SIDERED RECEIVED.—For the purposes of 

5 this paragraph, a complete request shall be 

6 considered received on the date on which 

7 the requesting party submits to the State 

8 or local government all information (in9 cluding any form or other document) re10 quired by the State or local government to 

11 be submitted for the request to be consid12 ered complete.’’; and 

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

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

15 ‘‘(A) ELIGIBLE FACILITIES REQUEST.— 

16 The term ‘eligible facilities request’ means any 

17 request for modification of an existing wireless 

18 tower, base station, or eligible support structure 

19 that involves— 

20 ‘‘(i) collocation of new transmission 

21 equipment; 

22 ‘‘(ii) removal of transmission equip23 ment; 

24 ‘‘(iii) replacement of transmission 

25 equipment; or 

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1 ‘‘(iv) placement, modification, or con2 struction of equipment that— 

3 ‘‘(I) improves the resiliency of 

4 the wireless tower, base station, or eli5 gible support structure; and 

6 ‘‘(II) provides a direct benefit to 

7 public safety, such as— 

8 ‘‘(aa) providing backup 

9 power for the wireless tower, base 

10 station, or eligible support struc11 ture; 

12 ‘‘(bb) hardening the wireless 

13 tower, base station, or other eligi14 ble support structure; or 

15 ‘‘(cc) providing more reliable 

16 connection capability using the 

17 wireless tower, base station, or 

18 other eligible support structure. 

19 ‘‘(B) ELIGIBLE TELECOMMUNICATIONS FA20 CILITIES REQUEST.—The term ‘eligible tele21 communications facilities request’ means any 

22 request for modification of an existing tele23 communications service facility in or on an eli24 gible support infrastructure that involves— 

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1 ‘‘(i) collocation of new telecommuni2 cations service facility equipment; 

3 ‘‘(ii) removal of telecommunications 

4 service facility equipment; or 

5 ‘‘(iii) replacement of telecommuni6 cations service facility equipment. 

7 ‘‘(C) ELIGIBLE SUPPORT INFRASTRUC8 TURE.—The term ‘eligible support infrastruc9 ture’ means infrastructure that supports or 

10 houses a facility for communication by wire (or 

11 is designed to and capable of supporting or 

12 housing such a facility) at the time when a 

13 complete request to a State or local government 

14 or instrumentality thereof for authorization to 

15 place, construct, or modify a telecommuni16 cations service facility in or on the infrastruc17 ture is received by the government or instru18 mentality. 

19 ‘‘(D) ELIGIBLE SUPPORT STRUCTURE.— 

20 The term ‘eligible support structure’ means a 

21 structure that supports a personal wireless serv22 ice facility at the time at which the eligible fa23 cilities request is made. 

24 ‘‘(E) PERSONAL WIRELESS SERVICE FA25 CILITY.—The term ‘personal wireless service faVerDate Sep 11 2014 17:05 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1045.IH H1045
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1 cility’ means a facility necessary for the provi2 sion of— 

3 ‘‘(i) commercial mobile service; 

4 ‘‘(ii) commercial mobile data service 

5 (as that term is defined in section 6001 of 

6 the Middle Class Tax Relief and Job Cre7 ation Act of 2012 (47 U.S.C. 1401)); 

8 ‘‘(iii) unlicensed wireless service; and 

9 ‘‘(iv) common carrier wireless ex10 change access service. 

11 ‘‘(F) TELECOMMUNICATIONS SERVICE FA12 CILITY.—The term ‘telecommunications service 

13 facility’ means a facility for the provision of any 

14 interstate or intrastate telecommunications 

15 service.’’. 

16 SEC. 3. IMPLEMENTATION. 

17 Not later than 180 days after the date of the enact18 ment of this Act, the Federal Communications Commis19 sion shall issue final rules implementing section 2 of this 

20 Act, and the amendments made by such section. 

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