I 
118TH CONGRESS 
1ST SESSION H. R. 3313 
To amend the Middle Class Tax Relief and Job Creation Act of 2012 to 
streamline the consideration by State and local governments of requests 
for modification of certain existing wireless facilities, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2023 
Mr. BUCSHON 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 streamline the consideration by State 
and local governments of requests for modification of 
certain existing wireless facilities, 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 of 2023’’. 
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SEC. 2. REQUESTS FOR MODIFICATION OF CERTAIN EXIST-
ING WIRELESS FACILITIES. 
(a) IN GENERAL.—Section 6409(a) of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(a)) is amended— 
(1) in paragraph (1), by striking ‘‘a State or 
local government’’ and all that follows and inserting 
the following: ‘‘a State or local government or in-
strumentality thereof may not deny, and shall ap-
prove, any eligible facilities request for a modifica-
tion of an existing wireless tower, base station, or el-
igible support structure that does not substantially 
change the physical dimensions of such wireless 
tower, base station, or eligible support structure.’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) TIMEFRAME.— 
‘‘(A) DEEMED APPROVAL.—If a State or 
local government or instrumentality thereof 
does not, before or on the date that is 60 days 
after the date on which a requesting party sub-
mits to the government or instrumentality a re-
quest as an eligible facilities request, approve 
the request or make the determination and pro-
vide the written notice described in subpara-
graph (B) with respect to the request, the re-
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quest is deemed approved on the day after the 
date that is 60 days after the date on which the 
requesting party submits the request. 
‘‘(B) DETERMINATION
REQUEST
IS
NOT 
ELIGIBLE FACILITIES REQUEST.— 
‘‘(i) DETERMINATION
DESCRIBED.— 
The determination described in this sub-
paragraph is a determination by a State or 
local government or instrumentality thereof 
that a request described in subparagraph 
(A) is not an eligible facilities request. 
‘‘(ii) WRITTEN NOTICE DESCRIBED.— 
The written notice described in this sub-
paragraph is a written notice of the deter-
mination described in clause (i) provided 
by the government or instrumentality to 
the requesting party that clearly describes 
the reasons why the request is not an eligi-
ble facilities request and includes a citation 
to a specific provision of this subsection or 
the regulations promulgated under this 
subsection relied upon for the determina-
tion. 
‘‘(C) TOLLING
DUE
TO
INCOMPLETE-
NESS.— 
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‘‘(i) 
INITIAL
REQUEST
INCOM-
PLETE.—If, not later than 30 days after 
the date on which a requesting party sub-
mits to a State or local government or in-
strumentality thereof a request described 
in subparagraph (A), the government or 
instrumentality provides to the requesting 
party a written notice described in clause 
(iii) with respect to the request, the 60-day 
timeframe under subparagraph (A) is 
tolled until the date on which the request-
ing party submits to the government or in-
strumentality a supplemental submission in 
response to the notice. 
‘‘(ii) SUPPLEMENTAL SUBMISSION IN-
COMPLETE.—If, not later than 10 days 
after the date on which a requesting party 
submits to a State or local government or 
instrumentality thereof a supplemental 
submission in response to a written notice 
under clause (i) with respect to a request 
described in subparagraph (A) or a written 
notice under this clause with respect to a 
subsequent supplemental submission, the 
government or instrumentality provides to 
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the requesting party a written notice de-
scribed in clause (iii) with respect to the 
supplemental submission, the 60-day time-
frame under subparagraph (A) is further 
tolled until the date on which the request-
ing party submits to the government or in-
strumentality a subsequent supplemental 
submission in response to the notice. 
‘‘(iii) 
WRITTEN
NOTICE
DE-
SCRIBED.—The written notice described in 
this clause is, with respect to a request de-
scribed in subparagraph (A) or a supple-
mental submission described in clause (i) 
or (ii) submitted to a State or local govern-
ment or instrumentality thereof by a re-
questing party, a written notice from the 
government or instrumentality to the re-
questing party— 
‘‘(I) stating that all of the infor-
mation (including any form or other 
document) required by the govern-
ment or instrumentality to be sub-
mitted for the request to be consid-
ered complete has not been submitted; 
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‘‘(II) identifying the information 
described in subclause (I) that was 
not submitted; and 
‘‘(III) including a citation to a 
specific provision of a publicly avail-
able rule, regulation, or standard 
issued by the government or instru-
mentality requiring that such informa-
tion be submitted with such a request. 
‘‘(iv) LIMITATION.— 
‘‘(I) INITIAL WRITTEN NOTICE.— 
If a written notice provided by a State 
or local government or instrumentality 
thereof to a requesting party under 
clause (i) with respect to a request de-
scribed in subparagraph (A) identifies 
as not having been submitted any in-
formation that the government or in-
strumentality is prohibited by para-
graph (5) from requiring to be sub-
mitted, such notice shall be treated as 
not having been provided to the re-
questing party. 
‘‘(II) SUBSEQUENT WRITTEN NO-
TICE.—If a written notice provided by 
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a State or local government or instru-
mentality thereof to a requesting 
party under clause (ii) with respect to 
a supplemental submission identifies 
as not having been submitted any in-
formation that was not identified as 
not having been submitted in the prior 
written notice under clause (i) or (ii) 
in response to which the supplemental 
submission was submitted, the subse-
quent written notice shall be treated 
as not having been provided to the re-
questing party. 
‘‘(D) TOLLING BY MUTUAL AGREEMENT.— 
In addition to any tolling under subparagraph 
(C), the 60-day timeframe under subparagraph 
(A) may be tolled by mutual agreement between 
the State or local government or instrumen-
tality thereof and the requesting party.’’; 
(3) in paragraph (3), by striking ‘‘paragraph 
(1)’’ and inserting ‘‘this subsection’’; and 
(4) by adding at the end the following: 
‘‘(4) 
WHEN
REQUEST
CONSIDERED
SUB-
MITTED.— 
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‘‘(A) IN GENERAL.—For the purposes of 
this subsection, a request described in para-
graph (2)(A) shall be considered submitted on 
the date on which the requesting party takes 
the first procedural step within the control of 
the requesting party— 
‘‘(i) to submit such request in accord-
ance with the procedures established by the 
government or instrumentality for the re-
view and approval of such a request; or 
‘‘(ii) in the case of a government or 
instrumentality that has not established 
specific procedures for the review and ap-
proval of such a request, to submit to the 
government or instrumentality the type of 
filing that is typically required to initiate a 
standard review for a similar facility or 
structure. 
‘‘(B) 
NO
PRE-APPLICATION
REQUIRE-
MENTS.—A State or local government or instru-
mentality thereof may not require a requesting 
party to undertake any process, meeting, or 
other step prior to or as a prerequisite to a re-
quest being considered submitted. 
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‘‘(5) LIMITATION ON REQUIRED DOCUMENTA-
TION.—A State or local government or instrumen-
tality thereof may require a requesting party submit-
ting a request as an eligible facilities request to sub-
mit information (including a form or other docu-
ment) with such request only to the extent that such 
information is reasonably related to determining 
whether such request is an eligible facilities request 
and is identified in a publicly available rule, regula-
tion, or standard issued by the government or in-
strumentality requiring that such information be 
submitted with such a request. A State or local gov-
ernment or instrumentality thereof may not require 
a requesting party to submit any other documenta-
tion or information with such a request. 
‘‘(6) ENFORCEMENT.— 
‘‘(A) IN
GENERAL.—A requesting party 
may bring an action in any district court of the 
United States to enforce the provisions of this 
subsection. 
‘‘(B) EXPEDITED
REVIEW.—A district 
court of the United States shall consider an ac-
tion under subparagraph (A) on an expedited 
basis. 
‘‘(7) DEFINITIONS.—In this subsection: 
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‘‘(A) ELIGIBLE
FACILITIES
REQUEST.— 
The term ‘eligible facilities request’ means any 
request for a modification of an existing wire-
less tower, base station, or eligible support 
structure that does not substantially change the 
physical dimensions of such wireless tower, base 
station, or eligible support structure and that 
involves— 
‘‘(i) collocation of new transmission 
equipment; 
‘‘(ii) removal of transmission equip-
ment; 
‘‘(iii) replacement of transmission 
equipment; or 
‘‘(iv) 
placement, 
construction, 
or 
modification of equipment that— 
‘‘(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; 
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‘‘(bb) hardening the wireless 
tower, base station, or eligible 
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, at the time when an eligible fa-
cilities request for a modification of such struc-
ture is submitted to a State or local government 
or instrumentality thereof, supports or could 
support transmission equipment. 
‘‘(C) 
TRANSMISSION
EQUIPMENT.—The 
term ‘transmission equipment’ has the meaning 
given such term in section 1.6100(b)(8) of title 
47, Code of Federal Regulations (as in effect on 
the date of the enactment of this paragraph).’’. 
(b) IMPLEMENTATION.—Not later than 180 days 
after the date of the enactment of this Act, the Federal 
Communications Commission shall issue final rules to im-
plement the amendments made by subsection (a). 
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to any eligible facilities 
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request described in paragraph (1) of section 6409(a) of 
the Middle Class Tax Relief and Job Creation Act of 2012 
(47 U.S.C. 1455(a)) that is submitted (as determined 
under paragraph (4) of such section, as added by sub-
section (a)) by a requesting party on or after the date 
of the enactment of this Act. 
Æ 
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