118 HR 3319 IH: Broadband Resiliency and Flexible Investment Act
U.S. House of Representatives
2023-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3319
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Mr. Crenshaw 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 streamline the consideration by State and local governments of requests for modification of certain existing wireless facilities and telecommunications service facilities, and for other purposes.
1.

Short title
This Act may be cited as the “Broadband Resiliency and Flexible Investment Act”.
2.

Requests for modification of certain existing wireless and telecommunications service facilities
(a)

In general
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 “a State or local government” and all that follows and inserting the following:
“a State or local government or instrumentality thereof may not deny, and shall approve—
(A)
any 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 wireless tower, base station, or eligible support structure; and
(B)
any eligible telecommunications facilities request for a modification of an existing telecommunications service facility in or on eligible support infrastructure that does not substantially change the physical dimensions of such facility.” ;
(2)
by amending paragraph (2) to read as follows:
“(2)

Timeframe
(A)

Deemed approval
If a State or local government or instrumentality thereof does not, before or on the date that is 60 days after the date on which a requesting party submits to the government or instrumentality a request as an eligible facilities request or an eligible telecommunications facilities request (as the case may be), approve the request or make the determination and provide the written notice described in subparagraph (B) with respect to the request, the request is deemed approved on the day after the date that is 60 days after the date on which the requesting party submits the request.
(B)

Determination request is not an eligible request
(i)

Determination described
The determination described in this subparagraph is a determination by a State or local government or instrumentality thereof that a request described in subparagraph (A) is not an eligible facilities request or an eligible telecommunications facilities request (as the case may be).
(ii)

Written notice described
The written notice described in this subparagraph is a written notice of the determination described in clause (i) provided by the government or instrumentality to the requesting party that clearly describes the reasons why the request is not an eligible facilities request or an eligible telecommunications facilities request (as the case may be) and includes a citation to a specific provision of this subsection or the regulations promulgated under this subsection relied upon for the determination.
(C)

Tolling due to incompleteness
(i)

Initial request incomplete
If, not later than 30 days after the date on which a requesting party submits to a State or local government or instrumentality thereof a request described in subparagraph (A), the government or instrumentality provides to the requesting party a written notice described in clause (iii) with respect to the request, the 60-day timeframe under subparagraph (A) is tolled until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice.
(ii)

Supplemental submission incomplete
If, not later than 10 days after the date on which a requesting party submits to a State or local government or instrumentality thereof a supplemental submission in response to a written notice under clause (i) with respect to a request described in subparagraph (A) or a written notice under this clause with respect to a subsequent supplemental submission, the government or instrumentality provides to the requesting party a written notice described in clause (iii) with respect to the supplemental submission, the 60-day timeframe under subparagraph (A) is further tolled until the date on which the requesting party submits to the government or instrumentality a subsequent supplemental submission in response to the notice.
(iii)

Written notice described
The written notice described in this clause is, with respect to a request described in subparagraph (A) or a supplemental submission described in clause (i) or (ii) submitted to a State or local government or instrumentality thereof by a requesting party, a written notice from the government or instrumentality to the requesting party—
(I)
stating that all of 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;
(II)
identifying the information described in subclause (I) that was not submitted; and
(III)
including a citation to a specific provision of a publicly available rule, regulation, or standard issued by the government or instrumentality requiring that such information be submitted with such a request.
(iv)

Limitation
(I)

Initial written notice
If a written notice provided by a State or local government or instrumentality thereof to a requesting party under clause (i) with respect to a request described in subparagraph (A) identifies as not having been submitted any information that the government or instrumentality is prohibited by paragraph (5) from requiring to be submitted, such notice shall be treated as not having been provided to the requesting party.
(II)

Subsequent written notice
If a written notice provided by a State or local government or instrumentality thereof to a requesting party under clause (ii) with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under clause (i) or (ii) in response to which the supplemental submission was submitted, the subsequent written notice shall be treated as not having been provided to the requesting party.
(D)

Tolling by mutual agreement
In addition to any tolling under subparagraph (C), the 60-day timeframe under subparagraph (A) may be tolled by mutual agreement between the State or local government or instrumentality thereof and the requesting party.”;
(3)
in paragraph (3), by striking “paragraph (1)” and inserting “this subsection”; and
(4)
by adding at the end the following:
“(4)

When request considered submitted
(A)

In general
For the purposes of this subsection, a request described in paragraph (2)(A) shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party—
(i)
to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request; or
(ii)
in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a 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.
(B)

No pre-application requirements
A State or local government or instrumentality thereof may not require a requesting party to undertake any process, meeting, or other step prior to or as a prerequisite to a request being considered submitted.
(5)

Limitation on required documentation
A State or local government or instrumentality thereof may require a requesting party submitting a request as an eligible facilities request or an eligible telecommunications facilities request to submit information (including a form or other document) with such request only to the extent that such information is reasonably related to determining whether such request is an eligible facilities request or an eligible telecommunications facilities request (as the case may be) and is identified in a publicly available rule, regulation, or standard issued by the government or instrumentality requiring that such information be submitted with such a request. A State or local government or instrumentality thereof may not require a requesting party to submit any other documentation or information with such a request.
(6)

Enforcement
(A)

In general
A requesting party may bring an action in any district court of the United States to enforce the provisions of this subsection.
(B)

Expedited review
A district court of the United States shall consider an action under subparagraph (A) on an expedited basis.
(7)

Definitions
In this subsection:
(A)

Eligible facilities request
The term eligible facilities request means any 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 wireless tower, base station, or eligible support structure and that involves—
(i)
collocation of new transmission equipment;
(ii)
removal of transmission equipment;
(iii)
replacement of transmission equipment; or
(iv)
placement, construction, or modification 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 eligible support structure; or
- (cc)
providing more reliable connection capability using the wireless tower, base station, or eligible support structure.
(B)

Eligible support infrastructure
The term “eligible support infrastructure” means infrastructure that supports or houses a telecommunications service facility at the time when an eligible telecommunications facilities request for a modification of such facility is submitted to a State or local government or instrumentality thereof.
(C)

Eligible support structure
The term eligible support structure means a structure that, at the time when an eligible facilities request for a modification of such structure is submitted to a State or local government or instrumentality thereof, supports or could support transmission equipment.
(D)

Eligible telecommunications facilities request
The term eligible telecommunications facilities request means any request for a modification of an existing telecommunications service facility in or on eligible support infrastructure that does not substantially change the physical dimensions of such facility and 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.
(E)

Telecommunications service facility
The term telecommunications service facility—
(i)
means a facility that is designed or used to provide or facilitate the provision of any interstate or intrastate telecommunications service; and
(ii)
includes a facility described in clause (i) that is used to provide other services.
(F)

Transmission equipment
The term “transmission equipment” has the meaning given such term in section 1.6100(b)(8) of title 47, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph).”.
(b)

Implementation
Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall issue final rules to implement the amendments made by subsection (a).
(c)

Applicability
The amendments made by subsection (a) shall apply with respect to any eligible facilities request or eligible telecommunications facilities request described in paragraph (1) of section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(a)) that is submitted (as determined under paragraph (4) of such section, as added by subsection (a)) by a requesting party on or after the date of the enactment of this Act.