Wireless Resiliency and Flexible Investment Act
Bill: H.R.1058 | Sponsor: Rep. Kinzinger, Adam (R-IL)
Policy area: Science, Technology, Communications

Summary:
Wireless 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 to approve such request. Further, the bill makes other changes related to eligible facilities requests, including expanding the definition of such requests to include any requests for the modification of an existing wireless tower, base station, or eligible support structure that involves the placement, modification, or construction of equipment that improves the resiliency of the wireless tower, base station, or eligible support structure and provides a direct benefit to public safety.

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 Representatives 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 ELIGIBLE FACILITIES 
              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 ``eligible facilities 
        request for a modification of an existing wireless tower or 
        base station that does not substantially change the physical 
        dimensions of such tower or base station'' and inserting 
        ``complete 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'';
            (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 eligible facilities 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 an eligible facilities 
                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, an eligible 
                                facilities 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 an 
                                        eligible facilities request 
                                        submitted electronically, on 
                                        the date on which the request 
                                        is transmitted;
                                            ``(bb) in the case of an 
                                        eligible facilities 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 an 
                                        eligible facilities 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 eligible facilities 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 eligible support 
                                        structure.
                    ``(B) 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.
                    ``(C) 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.''.

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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