[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3279 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3279

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

                              May 15, 2023

  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, or 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 discriminate among 
                                personal wireless service facilities or 
                                providers of communications service, 
                                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, improvement, or enhancement 
                                of personal wireless service.
                            ``(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 
                        personal wireless service facilities, or 
                        structures that support such facilities, 
                        objective, reasonable, and nondiscriminatory--
                                    ``(I) structural engineering 
                                standards based on generally applicable 
                                codes;
                                    ``(II) safety requirements; or
                                    ``(III) aesthetic or concealment 
                                requirements (unless such requirements 
                                prohibit or have the effect of 
                                prohibiting the installation or 
                                modification of such facilities or 
                                structures).
                            ``(iii) Timeframes.--
                                    ``(I) In general.--Except in the 
                                case of an eligible facilities request 
                                to which section 6409(a) of the Middle 
                                Class Tax Relief and Job Creation Act 
                                of 2012 (47 U.S.C. 1455(a)) applies, 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 
                                        request for authorization to 
                                        place, construct, or modify 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 using an 
                                                existing structure, 
                                                including with respect 
                                                to 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 
                                        request for authorization to 
                                        place, construct, or modify a 
                                        small personal wireless service 
                                        facility--

                                                    ``(AA) if the 
                                                request is for 
                                                authorization to place, 
                                                construct, or modify 
                                                such facility using an 
                                                existing structure, 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 submission, acceptance, or 
                                consideration of any request for 
                                authorization to place, construct, or 
                                modify a personal wireless service 
                                facility.
                            ``(iv) Deemed granted.--
                                    ``(I) In general.--If a State or 
                                local government or instrumentality 
                                thereof fails to take final action to 
                                grant or deny a complete request within 
                                the applicable timeframe under 
                                subclause (I) of clause (iii), 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;
                                    ``(II) supported by substantial 
                                evidence contained in a written record; 
                                and
                                    ``(III) publicly released, and 
                                provided to the requesting party, on 
                                the same day such decision is made.
                            ``(vi) Environmental effects of radio 
                        frequency emissions.--No State or local 
                        government or instrumentality thereof may 
                        regulate the operation, 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 or 
                        structures comply with the Commission's 
                        regulations concerning such emissions.
                            ``(vii) Fees.--To the extent permitted by 
                        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) established in advance and 
                                publicly disclosed;
                                    ``(III) calculated--
                                            ``(aa) based on actual and 
                                        direct costs for--

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

                                                    ``(BB) repairs and 
                                                replacement of 
                                                components and 
                                                materials resulting 
                                                from and affected by 
                                                the placement, 
                                                construction, or 
                                                modification (including 
                                                the installation or 
                                                improvement) of 
                                                personal wireless 
                                                service facilities or 
                                                repairs and replacement 
                                                of equipment that 
                                                facilitates the 
                                                placement, 
                                                construction, or 
                                                modification (including 
                                                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 facilities 
                                        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) Judicial or 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.--
                                    ``(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 Commission 
                                to review such action or failure to 
                                act.
                                    ``(II) Timing.--Not later than 120 
                                days after receiving a petition under 
                                subclause (I), the Commission shall 
                                grant or deny such petition.
                    ``(D) 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 or instrumentality 
                                thereof shall be considered complete if 
                                the requesting party--
                                            ``(aa) has taken the first 
                                        procedural step within the 
                                        control of the requesting 
                                        party--

                                                    ``(AA) to submit 
                                                such request in 
                                                accordance with the 
                                                procedures established 
                                                by the government or 
                                                instrumentality for the 
                                                review and approval of 
                                                such request; or

                                                    ``(BB) in the case 
                                                of a government or 
                                                instrumentality that 
                                                has not established 
                                                specific procedures for 
                                                the review and approval 
                                                of such request, to 
                                                submit to the 
                                                government or 
                                                instrumentality the 
                                                type of filing that is 
                                                typically required to 
                                                initiate a standard 
                                                review for a similar 
                                                facility or structure; 
                                                and

                                            ``(bb) has not received a 
                                        written notice from the 
                                        government or instrumentality 
                                        within 10 days after the date 
                                        on which the request is 
                                        received by the government or 
                                        instrumentality, if the request 
                                        is with respect to a small 
                                        personal wireless service 
                                        facility, or 30 days after such 
                                        date, if the request is with 
                                        respect to any other personal 
                                        wireless service facility--

                                                    ``(AA) stating that 
                                                all the information 
                                                (including any form or 
                                                other document) 
                                                required by the 
                                                government or 
                                                instrumentality to be 
                                                submitted for the 
                                                request to be 
                                                considered complete has 
                                                not been submitted;

                                                    ``(BB) identifying 
                                                the information 
                                                required to be 
                                                submitted that was not 
                                                submitted; and

                                                    ``(CC) citing a 
                                                specific provision of a 
                                                publicly available 
                                                rule, regulation, or 
                                                standard of the 
                                                government or 
                                                instrumentality that 
                                                requires the 
                                                information identified 
                                                under subitem (BB) to 
                                                be submitted.

                                    ``(II) Definition.--In this clause, 
                                the term `the date on which the request 
                                is received by the government or 
                                instrumentality' means--
                                            ``(aa) in the case of a 
                                        request submitted 
                                        electronically, the date on 
                                        which the request is 
                                        transmitted;
                                            ``(bb) in the case of a 
                                        request submitted in person, 
                                        the date on which the request 
                                        is delivered to the individual 
                                        or at the location specified by 
                                        the government or 
                                        instrumentality for in-person 
                                        submission; and
                                            ``(cc) in the case of a 
                                        request submitted in any other 
                                        manner, 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--
                                    ``(I) except as provided in 
                                subclause (II), on the date on which 
                                the requesting party submits to the 
                                government or instrumentality all 
                                information (including any form or 
                                other document) required by the 
                                government or instrumentality to be 
                                submitted for the request to be 
                                considered complete; or
                                    ``(II) in the case of a request 
                                with respect to which all such 
                                information is not submitted and that 
                                is considered complete under clause 
                                (i)(I) because the requesting party has 
                                not received a written notice from the 
                                government or instrumentality within 
                                the period described in such clause, on 
                                the day after the last day of such 
                                period.
                    ``(E) Rule of construction.--Nothing in this 
                paragraph may be construed to affect section 6409(a) of 
                the Middle Class Tax Relief and Job Creation Act of 
                2012 (47 U.S.C. 1455(a)).
                    ``(F) 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 each of--
                                    ``(I) cable service, as defined in 
                                section 602;
                                    ``(II) information service;
                                    ``(III) telecommunications service; 
                                and
                                    ``(IV) personal wireless service.
                            ``(iv) 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.
                            ``(v) 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.
                            ``(vi) Personal wireless service.--The term 
                        `personal wireless service' means any fixed or 
                        mobile service (other than a broadcasting 
                        service) provided via licensed or unlicensed 
                        frequencies, including--
                                    ``(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.
                            ``(vii) Personal wireless service 
                        facility.--The term `personal wireless service 
                        facility' means a facility used to provide or 
                        support the provision of personal wireless 
                        service.
                            ``(viii) Small personal wireless service 
                        facility.--The term `small personal wireless 
                        service facility' means a personal wireless 
                        service facility in which each antenna is not 
                        more than 3 cubic feet in volume (excluding a 
                        wireline backhaul facility connected to such 
                        personal wireless service facility).
                            ``(ix) 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 
                                services, as defined in section 303(v).
                            ``(x) 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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