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. 
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’’. 
SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN ELI-
GIBLE FACILITIES REQUESTS. 
Section 6409(a) of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amend-
ed— 
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(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) TIME FRAME.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which a State or local 
government receives a complete eligible facilities 
request described under paragraph (1), the 
State or local government shall approve such 
request. 
‘‘(B) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) IN GENERAL.—For the purposes 
of this paragraph, an eligible facilities re-
quest shall be considered— 
‘‘(I) complete if— 
‘‘(aa) the requesting party 
makes the request by submitting 
to the State or local government 
the application form required to 
be used for making the request; 
‘‘(bb) the application form 
submitted contains all of the in-
formation specified by the form 
as being required to be included 
in form; and 
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‘‘(cc) the requesting party 
has not received a written notice 
from the State or local govern-
ment within 10 business days 
after the date on which the re-
quest is received by the State or 
local government— 
‘‘(AA) stating that the 
application form does not 
contain all of the informa-
tion required to be included 
in the form; and 
‘‘(BB) identifying the 
information required to be 
included in the form that 
was not included; and 
‘‘(II) received by the State or 
local government— 
‘‘(aa) in the case of a re-
quest submitted electronically, on 
the date on which the application 
form required to be used for 
making the request is trans-
mitted; 
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‘‘(bb) in the case of a re-
quest submitted in person, on the 
date on which the application 
form required to be used for 
making the request is delivered 
to the individual or at the loca-
tion specified in the form for in- 
person submission; or 
‘‘(cc) in the case of a re-
quest submitted in any other 
manner, on the date determined 
under regulations promulgated by 
the Commission for the manner 
in which the request is made. 
‘‘(ii) 
TREATMENT
OF
MULTIPLE 
FORMS.—If a State or local government re-
quires the use of multiple forms for mak-
ing an eligible facilities request, such forms 
shall be treated as a single form for pur-
poses of clause (i). 
‘‘(C) DEEMED APPROVAL.—If a State or 
local government does not approve an eligible 
facilities request by the date required under 
subparagraph (A), the request is deemed ap-
proved on the day after such date.’’; and 
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(2) 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— 
‘‘(I) improves the resiliency of 
the communications network; and 
‘‘(II) provides a direct benefit to 
public safety, such as— 
‘‘(aa) 
providing 
backup 
power; 
‘‘(bb) hardening the wireless 
tower, base station, or other eligi-
ble support structure; or 
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‘‘(cc) providing more reliable 
connection capability. 
‘‘(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— 
‘‘(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.’’. 
Æ 
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