[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7362 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7362

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

                             June 25, 2020

  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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Winning the International Race for 
Economic Leadership and Expanding Service to Support Leadership Act'' 
or the ``WIRELESS Leadership Act''.

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 authority.--
                    ``(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 facilities.
                    ``(B) Limitations.--
                            ``(i) In general.--The regulation of the 
                        placement, construction, or modification of a 
                        personal wireless service facility by any State 
                        or local government or instrumentality 
                        thereof--
                                    ``(I) shall not unreasonably 
                                discriminate among providers of the 
                                same service using comparable 
                                equipment, including by providing 
                                exclusive or preferential use of 
                                facilities to a particular provider or 
                                class of providers of personal wireless 
                                service; and
                                    ``(II) shall not prohibit or have 
                                the effect of prohibiting the provision 
                                of personal wireless service, including 
                                by materially limiting or inhibiting 
                                the ability of any provider or 
                                potential provider of such service to 
                                compete in a fair and balanced legal 
                                and regulatory environment, including 
                                by limiting the ability of any such 
                                provider or potential provider to--
                                            ``(aa) fill gaps in 
                                        coverage of personal wireless 
                                        service;
                                            ``(bb) densify a personal 
                                        wireless service network;
                                            ``(cc) introduce new 
                                        personal wireless service; or
                                            ``(dd) otherwise improve 
                                        personal wireless service 
                                        capabilities.
                            ``(ii) Engineering standards; aesthetic 
                        requirements.--It is not a violation of clause 
                        (i) for a State or local government or 
                        instrumentality thereof to establish for small 
                        personal wireless service facilities objective, 
                        reasonable, and nondiscriminatory--
                                    ``(I) structural engineering 
                                standards 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 wireless service 
                                facility not later than--
                                            ``(aa) in the case of a 
                                        personal 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 facility 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 received 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 
                                                instrumentality; and

                                            ``(bb) in the case of a 
                                        small personal wireless service 
                                        facility--

                                                    ``(AA) if the 
                                                request is for 
                                                authorization to place, 
                                                construct, or modify 
                                                such facility 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 received 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 
                                                instrumentality.

                                    ``(II) Treatment of batched 
                                requests.--In the case of complete 
                                requests described in subclause (I) 
                                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 separately.
                                    ``(III) Applicability.--The 
                                applicable timeframe under subclause 
                                (I) shall apply collectively to all 
                                proceedings required by a State or 
                                local government or instrumentality 
                                thereof for the approval of the 
                                request.
                                    ``(IV) No tolling.--A timeframe 
                                under subclause (I) may not be tolled 
                                by any moratorium, whether express or 
                                de facto, imposed by a State or local 
                                government or instrumentality thereof 
                                on the consideration of any request for 
                                authorization to place, construct, or 
                                modify a personal wireless service 
                                facility.
                                    ``(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 
                                demonstration by a State or local 
                                government 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 
                                applicable 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 receives a written 
                                notice of the failure from the 
                                requesting party.
                                    ``(II) Rule of construction.--In 
                                the case of a request that 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 
                                government 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, construction, or 
                        modification of personal wireless service 
                        facilities on the basis of the environmental 
                        effects of radio frequency 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 government 
                        or instrumentality thereof may charge a fee to 
                        consider a request for authorization 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 government or instrumentality 
                        for the placement, construction, or 
                        modification of a personal wireless service 
                        facility, if the fee is--
                                    ``(I) competitively neutral, 
                                technology neutral, and 
                                nondiscriminatory;
                                    ``(II) publicly disclosed;
                                    ``(III) calculated--
                                            ``(aa) based on actual and 
                                        direct costs, such as costs 
                                        for--

                                                    ``(AA) review and 
                                                processing of requests; 
                                                and

                                                    ``(BB) repairs and 
                                                replacement of 
                                                components and 
                                                materials resulting 
                                                from and affected by 
                                                the installation or 
                                                improvement of personal 
                                                wireless service 
                                                facilities, or repairs 
                                                and replacement of 
                                                equipment that 
                                                facilitates the 
                                                installation or 
                                                improvement of such 
                                                facilities; and

                                            ``(bb) using, for purposes 
                                        of item (aa), only costs that 
                                        are objectively 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 personal 
                                        wireless service facilities as 
                                        of the date on which the 
                                        complete request is received by 
                                        the government or 
                                        instrumentality.
                    ``(C) Rule of construction.--Except as provided in 
                subparagraph (B)(iv), nothing in this paragraph shall 
                be construed to prevent any State or local government 
                or instrumentality thereof from imposing any additional 
                limitation or requirement relating to consideration by 
                the government or instrumentality of a request for 
                authorization to place, construct, or modify a personal 
                wireless service facility.
                    ``(D) Applicability.--This paragraph shall apply to 
                any request to a State or local government or 
                instrumentality thereof for authorization to place, 
                construct, or modify any personal wireless service 
                facility, including a request for authorization to 
                place, construct, or modify a personal wireless service 
                facility on an eligible support structure.
                    ``(E) Judicial and administrative review.--
                            ``(i) Judicial review.--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, 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.--Any person 
                        adversely affected by an act or failure to act 
                        by a State or local government or any 
                        instrumentality thereof that is inconsistent 
                        with subparagraph (B)(vi) may petition the 
                        Commission for relief.
                    ``(F) When request considered complete; received.--
                            ``(i) In general.--For purposes of this 
                        paragraph, a request to a State or local 
                        government or instrumentality thereof shall be 
                        considered--
                                    ``(I) complete if--
                                            ``(aa) the requesting party 
                                        makes the request by submitting 
                                        to the government or 
                                        instrumentality the form 
                                        required to be used for making 
                                        the request;
                                            ``(bb) the form submitted 
                                        contains all of the information 
                                        specified by the form as being 
                                        required to be included in the 
                                        form; and
                                            ``(cc) 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 
                                                the 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 government 
                                or instrumentality--
                                            ``(aa) in the case of a 
                                        request submitted 
                                        electronically, on the date on 
                                        which the 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 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; 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) Treatment of multiple forms.--If a 
                        State or local government or instrumentality 
                        thereof requires the use of multiple forms for 
                        making a request, such forms shall be treated 
                        as a single form for purposes of clause (i).
                    ``(G) Definitions.--In this paragraph:
                            ``(i) Antenna.--The term `antenna' means an 
                        apparatus designed for the purpose 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 a network used 
                        to provide a communications service.
                            ``(iii) Communications service.--The term 
                        `communications service' means--
                                    ``(I) cable service, as defined in 
                                section 602;
                                    ``(II) information service;
                                    ``(III) telecommunications service; 
                                and
                                    ``(IV) personal wireless service.
                            ``(iv) Eligible support structure.--The 
                        term `eligible support structure' 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 wireless service facility on 
                        the structure is received by the government or 
                        instrumentality.
                            ``(v) Generally applicable code.--The term 
                        `generally applicable code' means a uniform 
                        building, fire, electrical, plumbing, or 
                        mechanical code adopted by a national code 
                        organization, or a local amendment to such a 
                        code, to the extent not inconsistent with this 
                        Act.
                            ``(vi) Network interface device.--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 
                                        wireless 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 service.--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 
                                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 personal wireless 
                        service facility'--
                                    ``(I) means a personal wireless 
                                service facility in which each antenna 
                                is not more than 3 cubic feet in 
                                volume; and
                                    ``(II) does not include a wireline 
                                backhaul facility.
                            ``(x) Unlicensed wireless service.--The 
                        term `unlicensed wireless service'--
                                    ``(I) means the offering of 
                                telecommunications service using a duly 
                                authorized device that does not require 
                                an individual license; and
                                    ``(II) does not include the 
                                provision of direct-to-home satellite 
                                service, as defined in section 303(v).
                            ``(xi) Wireline backhaul facility.--The 
                        term `wireline backhaul facility' means an 
                        above-ground or underground wireline facility 
                        used to transport communications service or 
                        other electronic communications from a small 
                        personal wireless service facility or the 
                        adjacent network interface device of such 
                        facility to a communications network.''.
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