Broadband Resiliency and Flexible Investment Act
Bill: H.R.1045 | Sponsor: Rep. Crenshaw, Dan (R-TX)
Policy area: Science, Technology, Communications

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

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Resiliency and Flexible 
Investment Act''.

SEC. 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)) is amended--
            (1) in paragraph (1), by striking ``any eligible facilities 
        request'' and inserting the following: ``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' means--
                                            ``(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' 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 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' means any request for modification 
                of an existing telecommunications service facility in 
                or on an eligible support infrastructure that 
                involves--
                            ``(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' means infrastructure 
                that supports or houses a facility for communication by 
                wire (or is designed to and capable of supporting or 
                housing such a 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 telecommunications service 
                facility in or on the infrastructure is received by the 
                government or instrumentality.
                    ``(D) Eligible support structure.--The term 
                `eligible support structure' means a structure that 
                supports a personal wireless service facility at the 
                time at which the eligible facilities request is made.
                    ``(E) Personal wireless service facility.--The term 
                `personal wireless service facility' 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 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' means a 
                facility for the provision of any interstate or 
                intrastate telecommunications service.''.

SEC. 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.
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