[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7360 Introduced in House (IH)]

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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 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) 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) When request considered complete; received.--
                            ``(i) In general.--For the purposes of this 
                        paragraph, an eligible facilities request 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 
                                        information specified by the 
                                        form as being required to be 
                                        included in form; and
                                            ``(cc) 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 
                                                the application form 
                                                does not contain all of 
                                                the information 
                                                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 
                                        request submitted 
                                        electronically, on the date on 
                                        which the application form 
                                        required to be used for making 
                                        the request is transmitted;
                                            ``(bb) in the case of a 
                                        request 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 location specified in 
                                        the form for in-person 
                                        submission; or
                                            ``(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 
                                        made.
                            ``(ii) Treatment of multiple forms.--If a 
                        State or local government requires the use of 
                        multiple forms for making an eligible 
                        facilities request, such forms shall be treated 
                        as a single form for purposes 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 approved on the day after such 
                date.''; and
            (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 equipment;
                            ``(iii) replacement of transmission 
                        equipment; or
                            ``(iv) placement, modification, or 
                        construction 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 eligible support 
                                        structure; or
                                            ``(cc) providing more 
                                        reliable connection capability.
                    ``(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.''.
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