Broadband Resiliency and Flexible Investment Act

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. Short title This Act may be cited as the Broadband Resiliency and Flexible Investment Act 2. Codifying 60-day time frame for certain requests Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(a) (1) in paragraph (1), by striking any eligible facilities request any complete— (A) 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 tower, base station, or eligible support structure; and (B) eligible telecommunications facilities request for a modification of any existing telecommunications service facility in or on an eligible support infrastructure that does not substantially change the physical dimensions of such facility. ; (2) by amending paragraph (2) to read as follows: (2) Time frame (A) In general Not later than 60 days after the date on which a State or local government receives a complete request described under paragraph (1), the State or local government shall approve such request. (B) Deemed approval If a State or local government does not approve a request by the date required under subparagraph (A), the request is deemed approved on the day after such date. (C) When request considered complete; received (i) When request considered complete (I) In general For the purposes of this paragraph, a request to a State or local government shall be considered complete if the requesting party has not received a written notice from the State or local government within 10 business days after the date on which the request is received by the State or local government— (aa) stating that all the information (including any form or other document) required by the State or local government to be submitted for the request to be considered complete has not been submitted; and (bb) identifying the information required to be submitted that was not submitted. (II) Definition In this clause, the term received by the State or local government (aa) in the case of a request submitted electronically, on the date on which the request is transmitted; (bb) in the case of a request submitted in person, on the date on which the request is delivered to the individual or at the location specified by the State or local government for in-person submission; and (cc) in the case of a request submitted in any other manner, on the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (ii) When complete request considered received For the purposes of this paragraph, a complete request shall be considered received on the date on which the requesting party submits to the State or local government all information (including any form or other document) required by the State or local government to be submitted for the request to be considered complete. ; and (3) by adding at the end the following: (4) Definitions In this subsection: (A) Eligible facilities request The term eligible facilities request (i) collocation of new transmission equipment; (ii) removal of transmission equipment; (iii) replacement of transmission equipment; or (iv) placement, modification, or construction 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 other eligible support structure; or (cc) providing more reliable connection capability using the wireless tower, base station, or other eligible support structure. (B) Eligible telecommunications facilities request The term eligible telecommunications facilities request (i) collocation of new telecommunications service facility equipment; (ii) removal of telecommunications service facility equipment; or (iii) replacement of telecommunications service facility equipment. (C) Eligible support infrastructure The term eligible support infrastructure (D) Eligible support structure The term eligible support structure (E) Personal wireless service facility The term personal wireless service facility (i) commercial mobile service; (ii) commercial mobile data service (as that term is defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 (iii) unlicensed wireless service; and (iv) common carrier wireless exchange access service. (F) Telecommunications service facility The term telecommunications service facility . 3. Implementation Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall issue final rules implementing section 2 of this Act, and the amendments made by such section.

Summary: Broadband Resiliency and Flexible Investment Act This bill provides statutory authority for the 60-day time frame for a state or local government that receives a complete eligible facilities request or a complete telecommunications facilities request to approve such request. The bill makes other changes related to such requests, including expanding the definition of eligible facilities request to include any request for the modification of an existing wireless tower, base station, or eligible support structure that involves the placement, modification, or construction of equipment that improves the resiliency of the wireless tower, base station, or eligible support structure and provides a direct benefit to public safety; and defining eligible telecommunications facilities request as any request for modification of an existing telecommunications service facility in or on an eligible support infrastructure that involves collocation, removal, or replacement of telecommunications service facility equipment.