[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1045 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1045
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 certain
eligible telecommunications facilities requests, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2021
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
amend the definition of eligible facilities request, to codify the 60-
day time frame for certain eligible facilities requests and certain
eligible telecommunications 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 ``Broadband Resiliency and Flexible
Investment Act''.
SEC. 2. CODIFYING 60-DAY TIME FRAME FOR CERTAIN 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 ``any eligible facilities
request'' and inserting the following: ``any complete--
``(A) 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; and
``(B) eligible telecommunications facilities
request for a modification of any existing
telecommunications service facility in or on an
eligible support infrastructure that does not
substantially change the physical dimensions of such
facility.'';
(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 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 a 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, a 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 a
request submitted
electronically, on the date on
which the request is
transmitted;
``(bb) in the case of a
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 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) When complete request considered
received.--For the purposes of this paragraph,
a complete 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 other eligible
support structure.
``(B) Eligible telecommunications facilities
request.--The term `eligible telecommunications
facilities request' means any request for modification
of an existing telecommunications service facility in
or on an eligible support infrastructure 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.
``(C) Eligible support infrastructure.--The term
`eligible support infrastructure' means infrastructure
that supports or houses a facility for communication by
wire (or is designed to and capable of supporting or
housing such a 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 telecommunications service
facility in or on the infrastructure is received by the
government or instrumentality.
``(D) 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.
``(E) 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.
``(F) Telecommunications service facility.--The
term `telecommunications service facility' means a
facility for the provision of any interstate or
intrastate telecommunications 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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