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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wireless Resiliency and 
Flexible Investment Act’’. 
VerDate Sep 11 2014 
17:08 Mar 12, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1058.IH
H1058
facilities request by the date required under 
subparagraph (A), the request is deemed ap-
proved on the day after such date. 
‘‘(C) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this paragraph, an eligible fa-
cilities request to a State or local gov-
ernment shall be considered complete 
if the requesting party has not re-
ceived a written notice from the State 
or local government within 10 busi-
ness days after the date on which the 
request is received by the State or 
local government— 
‘‘(aa) stating that all the in-
formation (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 
VerDate Sep 11 2014 
17:08 Mar 12, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1058.IH
H1058
‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the State 
or local government’ means— 
‘‘(aa) in the case of an eligi-
ble facilities request submitted 
electronically, on the date on 
which the request is transmitted; 
‘‘(bb) in the case of an eligi-
ble facilities request submitted in 
person, on the date on which the 
request is delivered to the indi-
vidual or at the location specified 
by the State or local government 
for in-person submission; and 
‘‘(cc) in the case of an eligi-
ble facilities request submitted in 
any other manner, on the date 
determined 
under 
regulations 
promulgated by the Commission 
for the manner in which the re-
quest is submitted. 
VerDate Sep 11 2014 
17:08 Mar 12, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1058.IH
H1058
‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED RECEIVED.—For the purposes of 
this paragraph, a complete eligible facilities 
request shall be considered received on the 
date on which the requesting party submits 
to the State or local government all infor-
mation (including any form or other docu-
ment) required by the State or local gov-
ernment 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’ means any 
request for modification of an existing wireless 
tower, base station, or eligible support structure 
that involves— 
‘‘(i) collocation of new transmission 
equipment; 
‘‘(ii) removal of transmission equip-
ment; 
‘‘(iii) replacement of transmission 
equipment; or 
‘‘(iv) placement, modification, or con-
struction of equipment that— 
VerDate Sep 11 2014 
17:08 Mar 12, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1058.IH
H1058
‘‘(I) improves the resiliency of 
the wireless tower, base station, or eli-
gible 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 struc-
ture; 
‘‘(bb) hardening the wireless 
tower, base station, or other eligi-
ble support structure; or 
‘‘(cc) providing more reliable 
connection capability using the 
wireless tower, base station, or 
eligible support structure. 
‘‘(B) ELIGIBLE
SUPPORT
STRUCTURE.— 
The term ‘eligible support structure’ means a 
structure that supports a personal wireless serv-
ice facility at the time at which the eligible fa-
cilities request is made. 
‘‘(C) PERSONAL WIRELESS SERVICE FACIL-
ITY.—The term ‘personal wireless service facil-
ity’ means a facility necessary for the provision 
of— 
VerDate Sep 11 2014 
17:08 Mar 12, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1058.IH
H1058
‘‘(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 Cre-
ation Act of 2012 (47 U.S.C. 1401)); 
‘‘(iii) unlicensed wireless service; and 
‘‘(iv) common carrier wireless ex-
change access service.’’. 
SEC. 3. IMPLEMENTATION. 
Not later than 180 days after the date of the enact-
ment of this Act, the Federal Communications Commis-
sion shall issue final rules implementing section 2 of this 
Act, and the amendments made by such section. 
Æ 
VerDate Sep 11 2014 
17:08 Mar 12, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H1058.IH
H1058