I 
117TH CONGRESS 
1ST SESSION H. R. 1060 
To amend the Communications Act of 1934 to streamline siting processes 
for personal wireless service facilities, including small personal wireless 
service facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2021 
Mr. LATTA introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to streamline 
siting processes for personal wireless service facilities, 
including small personal wireless service 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 ‘‘Winning the Inter-
national Race for Economic Leadership and Expanding 
Service to Support Leadership Act’’ or the ‘‘WIRELESS 
Leadership Act’’. 
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SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY. 
Section 332(c) of the Communications Act of 1934 
(47 U.S.C. 332(c)) is amended by striking paragraph (7) 
and inserting the following: 
‘‘(7) PRESERVATION
OF
LOCAL
ZONING
AU-
THORITY.— 
‘‘(A) GENERAL
AUTHORITY.—Except as 
provided in this paragraph, nothing in this Act 
shall limit or affect the authority of a State or 
local government or instrumentality thereof over 
decisions regarding the placement, construction, 
and modification of personal wireless service fa-
cilities. 
‘‘(B) LIMITATIONS.— 
‘‘(i) IN GENERAL.—The regulation of 
the placement, construction, or modifica-
tion of a personal wireless service facility 
by any State or local government or instru-
mentality thereof— 
‘‘(I) shall not unreasonably dis-
criminate among providers of the 
same service, including by providing 
exclusive or preferential use of facili-
ties to a particular provider or class of 
providers of personal wireless service; 
and 
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‘‘(II) shall not prohibit or have 
the effect of prohibiting the provision 
or enhancement of personal wireless 
service. 
‘‘(ii) ENGINEERING STANDARDS; AES-
THETIC REQUIREMENTS.—It is not a viola-
tion of clause (i) for a State or local gov-
ernment or instrumentality thereof to es-
tablish for small personal wireless service 
facilities objective, reasonable, and non-
discriminatory— 
‘‘(I) structural engineering stand-
ards based on generally applicable 
codes; 
‘‘(II) safety requirements; or 
‘‘(III) aesthetic or concealment 
requirements. 
‘‘(iii) TIMEFRAMES.— 
‘‘(I) IN
GENERAL.—A State or 
local government or instrumentality 
thereof shall grant or deny a complete 
request for authorization to place, 
construct, or modify a personal wire-
less service facility not later than— 
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‘‘(aa) in the case of a per-
sonal wireless service facility that 
is not a small personal wireless 
service facility— 
‘‘(AA) if the request is 
for authorization to place, 
construct, or modify such fa-
cility on an eligible support 
structure, including in an 
area that has not previously 
been 
zoned 
for 
personal 
wireless 
service 
facilities 
(other than small personal 
wireless service facilities), 90 
days after the date on which 
the complete request is re-
ceived by the government or 
instrumentality; or 
‘‘(BB) if the request is 
for any other action relating 
to such facility, 150 days 
after the date on which the 
complete request is received 
by the government or instru-
mentality; and 
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‘‘(bb) in the case of a small 
personal wireless service facil-
ity— 
‘‘(AA) if the request is 
for authorization to place, 
construct, or modify such fa-
cility on an eligible support 
structure, including in an 
area that has not previously 
been 
zoned 
for 
personal 
wireless service facilities, 60 
days after the date on which 
the complete request is re-
ceived by the government or 
instrumentality; or 
‘‘(BB) if the request is 
for any other action relating 
to such facility, 90 days 
after the date on which the 
complete request is received 
by the government or instru-
mentality. 
‘‘(II) TREATMENT OF BATCHED 
REQUESTS.—In the case of complete 
requests described in subclause (I) 
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that are submitted as part of a single 
batch and received by the government 
or instrumentality on the same day, 
the applicable timeframe under such 
subclause for each request in the 
batch shall be the longest timeframe 
under such subclause that would be 
applicable to any request in the batch 
if such requests were submitted sepa-
rately. 
‘‘(III) APPLICABILITY.—The ap-
plicable timeframe under subclause (I) 
shall apply collectively to all pro-
ceedings required by a State or local 
government or instrumentality thereof 
for the approval of the request. 
‘‘(IV) NO
TOLLING.—A time-
frame under subclause (I) may not be 
tolled by any moratorium, whether ex-
press or de facto, imposed by a State 
or local government or instrumentality 
thereof on the consideration of any re-
quest for authorization to place, con-
struct, or modify a personal wireless 
service facility. 
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‘‘(V) TEMPORARY WAIVER.—The 
Commission may temporarily waive 
the applicability of subclause (I) for 
not longer than a single 30-day period 
for any complete request upon a dem-
onstration by a State or local govern-
ment or instrumentality thereof that 
the waiver would be consistent with 
the public interest, convenience, and 
necessity. 
‘‘(iv) DEEMED GRANTED.— 
‘‘(I) IN GENERAL.—If a State or 
local government or instrumentality 
thereof has neither granted nor denied 
a complete request within the applica-
ble timeframe under subclause (I) of 
clause (iii), including any temporary 
waiver granted under subclause (V) of 
such clause, the request shall be 
deemed granted on the date on which 
the government or instrumentality re-
ceives a written notice of the failure 
from the requesting party. 
‘‘(II) 
RULE
OF
CONSTRUC-
TION.—In the case of a request that 
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is deemed granted under subclause 
(I), the placement, construction, or 
modification requested in the request 
shall be considered to be authorized, 
without any further action by the gov-
ernment or instrumentality, beginning 
on the date on which the request is 
deemed granted under such subclause. 
‘‘(v) 
WRITTEN
DECISION
AND 
RECORD.—Any decision by a State or local 
government or instrumentality thereof to 
deny a request for authorization to place, 
construct, or modify a personal wireless 
service facility shall be— 
‘‘(I) in writing; and 
‘‘(II) supported by substantial 
evidence 
contained 
in 
a 
written 
record. 
‘‘(vi) ENVIRONMENTAL
EFFECTS
OF 
RADIO FREQUENCY EMISSIONS.—No State 
or local government or instrumentality 
thereof may regulate the placement, con-
struction, or modification of personal wire-
less service facilities on the basis of the en-
vironmental effects of radio frequency 
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emissions to the extent that such facilities 
comply with the Commission’s regulations 
concerning such emissions. 
‘‘(vii) FEES.—Notwithstanding any 
other provision of law, a State or local gov-
ernment or instrumentality thereof may 
charge a fee to consider a request for au-
thorization to place, construct, or modify a 
personal wireless service facility, or a fee 
for use of a right-of-way or a facility in a 
right-of-way owned or managed by the gov-
ernment or instrumentality for the place-
ment, construction, or modification of a 
personal wireless service facility, if the fee 
is— 
‘‘(I) competitively neutral, tech-
nology 
neutral, 
and 
nondiscrim-
inatory; 
‘‘(II) publicly disclosed; 
‘‘(III) calculated— 
‘‘(aa) based on actual and 
direct costs, such as costs for— 
‘‘(AA) review and proc-
essing of requests; and 
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‘‘(BB) repairs and re-
placement 
of 
components 
and materials resulting from 
and affected by the installa-
tion or improvement of per-
sonal wireless service facili-
ties, or repairs and replace-
ment of equipment that fa-
cilitates the installation or 
improvement of such facili-
ties; and 
‘‘(bb) using, for purposes of 
item (aa), only costs that are ob-
jectively reasonable; and 
‘‘(IV) described to a requesting 
party in a manner that distinguishes 
between— 
‘‘(aa) nonrecurring fees and 
recurring fees; and 
‘‘(bb) the use of facilities on 
which personal wireless service 
facilities are already located and 
those on which there are no per-
sonal wireless service facilities as 
of the date on which the complete 
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request is received by the govern-
ment or instrumentality. 
‘‘(C) JUDICIAL AND ADMINISTRATIVE RE-
VIEW.— 
‘‘(i) JUDICIAL REVIEW.—Any person 
adversely affected by any final action or 
failure to act by a State or local govern-
ment or any instrumentality thereof that is 
inconsistent with this paragraph may, 
within 30 days after the action or failure 
to act, commence an action in any court of 
competent jurisdiction, which shall hear 
and decide the action on an expedited 
basis. 
‘‘(ii) ADMINISTRATIVE REVIEW.— 
‘‘(I) IN
GENERAL.—Any person 
adversely affected by any final action 
or failure to act by a State or local 
government or any instrumentality 
thereof that is inconsistent with this 
paragraph may petition the Commis-
sion to order the government or in-
strumentality to reconsider the action 
or failure to act. 
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‘‘(II) PUBLIC NOTICE AND COM-
MENT; TIMING.—Not later than 60 
days after receiving a petition under 
subclause (I), the Commission shall— 
‘‘(aa) provide public notice 
of, and an opportunity for public 
comment on, such petition; and 
‘‘(bb) grant or deny such pe-
tition. 
‘‘(D) WHEN REQUEST CONSIDERED COM-
PLETE; RECEIVED.— 
‘‘(i) WHEN
REQUEST
CONSIDERED 
COMPLETE.— 
‘‘(I) IN GENERAL.—For the pur-
poses of this paragraph, a request to 
a State or local government or instru-
mentality thereof shall be considered 
complete if the requesting party has 
not received a written notice from the 
government or instrumentality within 
10 business days after the date on 
which the request is received by the 
government or instrumentality— 
‘‘(aa) stating that all the in-
formation (including any form or 
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other document) required by the 
government or instrumentality to 
be submitted for the request to 
be considered complete has not 
been submitted; and 
‘‘(bb) identifying the infor-
mation required to be submitted 
that was not submitted. 
‘‘(II) 
DEFINITION.—In 
this 
clause, the term ‘received by the gov-
ernment or instrumentality’ means— 
‘‘(aa) in the case of a re-
quest submitted electronically, on 
the date on which the request is 
transmitted; 
‘‘(bb) in the case of a re-
quest submitted in person, on the 
date on which the request is de-
livered to the individual or at the 
location specified by the govern-
ment or instrumentality for in- 
person submission; and 
‘‘(cc) in the case of a re-
quest submitted in any other 
manner, on the date determined 
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under regulations promulgated by 
the Commission for the manner 
in which the request is sub-
mitted. 
‘‘(ii) WHEN COMPLETE REQUEST CON-
SIDERED 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 gov-
ernment or instrumentality all information 
(including any form or other document) re-
quired by the government or instrumen-
tality to be submitted for the request to be 
considered complete. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) ANTENNA.—The term ‘antenna’ 
means an apparatus designed for the pur-
pose of emitting radiofrequency radiation, 
to be operated or operating from a fixed 
location for the transmission of writing, 
signs, signals, data, images, pictures, and 
sounds of all kinds. 
‘‘(ii) COMMUNICATIONS
NETWORK.— 
The term ‘communications network’ means 
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a network used to provide a communica-
tions service. 
‘‘(iii) COMMUNICATIONS
SERVICE.— 
The 
term 
‘communications 
service’ 
means— 
‘‘(I) cable service, as defined in 
section 602; 
‘‘(II) information service; 
‘‘(III) telecommunications serv-
ice; and 
‘‘(IV) personal wireless service. 
‘‘(iv) 
ELIGIBLE
SUPPORT
STRUC-
TURE.—The term ‘eligible support struc-
ture’ means a tower, base station, or other 
structure that supports a personal wireless 
service facility at the time when a complete 
request to a State or local government or 
instrumentality thereof for authorization to 
place, construct, or modify a personal wire-
less service facility on the structure is re-
ceived by the government or instrumen-
tality. 
‘‘(v) 
GENERALLY
APPLICABLE 
CODE.—The term ‘generally applicable 
code’ means a uniform building, fire, elec-
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trical, plumbing, or mechanical code adopt-
ed by a national code organization, or a 
local amendment to such a code, to the ex-
tent not inconsistent with this Act. 
‘‘(vi) 
NETWORK
INTERFACE
DE-
VICE.—The term ‘network interface device’ 
means a telecommunications demarcation 
device and cross-connect point that— 
‘‘(I) is adjacent or proximate 
to— 
‘‘(aa) a small personal wire-
less service facility; or 
‘‘(bb) a structure supporting 
a small personal wireless service 
facility; and 
‘‘(II) demarcates the boundary 
with any wireline backhaul facility. 
‘‘(vii) PERSONAL
WIRELESS
SERV-
ICE.—The term ‘personal wireless service’ 
means— 
‘‘(I) commercial mobile service; 
‘‘(II) commercial mobile data 
service (as defined in section 6001 of 
the Middle Class Tax Relief and Job 
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Creation Act of 2012 (47 U.S.C. 
1401)); 
‘‘(III) unlicensed wireless service; 
and 
‘‘(IV) common carrier wireless 
exchange access service. 
‘‘(viii) PERSONAL WIRELESS SERVICE 
FACILITY.—The term ‘personal wireless 
service facility’ means a facility for the 
provision of personal wireless service. 
‘‘(ix) SMALL
PERSONAL
WIRELESS 
SERVICE FACILITY.—The term ‘small per-
sonal wireless service facility’— 
‘‘(I) means a personal wireless 
service facility in which each antenna 
is not more than 3 cubic feet in vol-
ume; and 
‘‘(II) does not include a wireline 
backhaul facility. 
‘‘(x) UNLICENSED
WIRELESS
SERV-
ICE.—The term ‘unlicensed wireless serv-
ice’— 
‘‘(I) means the offering of tele-
communications service using a duly 
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