I
119THCONGRESS
1
STSESSION H. R. 339
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 telecommuni-
cations service facilities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY13, 2025
Mr. C
RENSHAWintroduced 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.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Broadband Resiliency 4
and Flexible Investment Act’’. 5
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SEC. 2. REQUESTS FOR MODIFICATION OF CERTAIN EXIST-1
ING WIRELESS AND TELECOMMUNICATIONS 2
SERVICE FACILITIES. 3
(a) I
NGENERAL.—Section 6409(a) of the Middle 4
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 5
1455(a)) is amended— 6
(1) in paragraph (1), by striking ‘‘a State or 7
local government’’ and all that follows and inserting 8
the following: ‘‘a State or local government or in-9
strumentality thereof may not deny, and shall ap-10
prove— 11
‘‘(A) any eligible facilities request for a 12
modification of an existing wireless tower, base 13
station, or eligible support structure that does 14
not substantially change the physical dimen-15
sions of such wireless tower, base station, or eli-16
gible support structure; and 17
‘‘(B) any eligible telecommunications facili-18
ties request for a modification of an existing 19
telecommunications service facility in or on eli-20
gible support infrastructure that does not sub-21
stantially change the physical dimensions of 22
such facility.’’; 23
(2) by amending paragraph (2) to read as fol-24
lows: 25
‘‘(2) T
IMEFRAME.— 26
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‘‘(A) DEEMED APPROVAL .—If a State or 1
local government or instrumentality thereof 2
does not, before or on the date that is 60 days 3
after the date on which a requesting party sub-4
mits to the government or instrumentality a re-5
quest as an eligible facilities request or an eligi-6
ble telecommunications facilities request (as the 7
case may be), approve the request or make the 8
determination and provide the written notice 9
described in subparagraph (B) with respect to 10
the request, the request is deemed approved on 11
the day after the date that is 60 days after the 12
date on which the requesting party submits the 13
request. 14
‘‘(B) D
ETERMINATION REQUEST IS NOT 15
AN ELIGIBLE REQUEST.— 16
‘‘(i) D
ETERMINATION DESCRIBED .— 17
The determination described in this sub-18
paragraph is a determination by a State or 19
local government or instrumentality thereof 20
that a request described in subparagraph 21
(A) is not an eligible facilities request or 22
an eligible telecommunications facilities re-23
quest (as the case may be). 24
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‘‘(ii) WRITTEN NOTICE DESCRIBED .— 1
The written notice described in this sub-2
paragraph is a written notice of the deter-3
mination described in clause (i) provided 4
by the government or instrumentality to 5
the requesting party that clearly describes 6
the reasons why the request is not an eligi-7
ble facilities request or an eligible tele-8
communications facilities request (as the 9
case may be) and includes a citation to a 10
specific provision of this subsection or the 11
regulations promulgated under this sub-12
section relied upon for the determination. 13
‘‘(C) T
OLLING DUE TO INCOMPLETE -14
NESS.— 15
‘‘(i) I
NITIAL REQUEST INCOM -16
PLETE.—If, not later than 30 days after 17
the date on which a requesting party sub-18
mits to a State or local government or in-19
strumentality thereof a request described 20
in subparagraph (A), the government or 21
instrumentality provides to the requesting 22
party a written notice described in clause 23
(iii) with respect to the request, the 60-day 24
timeframe under subparagraph (A) is 25
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tolled until the date on which the request-1
ing party submits to the government or in-2
strumentality a supplemental submission in 3
response to the notice. 4
‘‘(ii) S
UPPLEMENTAL SUBMISSION IN -5
COMPLETE.—If, not later than 10 days 6
after the date on which a requesting party 7
submits to a State or local government or 8
instrumentality thereof a supplemental 9
submission in response to a written notice 10
under clause (i) with respect to a request 11
described in subparagraph (A) or a written 12
notice under this clause with respect to a 13
subsequent supplemental submission, the 14
government or instrumentality provides to 15
the requesting party a written notice de-16
scribed in clause (iii) with respect to the 17
supplemental submission, the 60-day time-18
frame under subparagraph (A) is further 19
tolled until the date on which the request-20
ing party submits to the government or in-21
strumentality a subsequent supplemental 22
submission in response to the notice. 23
‘‘(iii) W
RITTEN NOTICE DE -24
SCRIBED.—The written notice described in 25
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this clause is, with respect to a request de-1
scribed in subparagraph (A) or a supple-2
mental submission described in clause (i) 3
or (ii) submitted to a State or local govern-4
ment or instrumentality thereof by a re-5
questing party, a written notice from the 6
government or instrumentality to the re-7
questing party— 8
‘‘(I) stating that all of the infor-9
mation (including any form or other 10
document) required by the govern-11
ment or instrumentality to be sub-12
mitted for the request to be consid-13
ered complete has not been submitted; 14
‘‘(II) identifying the information 15
described in subclause (I) that was 16
not submitted; and 17
‘‘(III) including a citation to a 18
specific provision of a publicly avail-19
able rule, regulation, or standard 20
issued by the government or instru-21
mentality requiring that such informa-22
tion be submitted with such a request. 23
‘‘(iv) L
IMITATION.— 24
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‘‘(I) INITIAL WRITTEN NOTICE.— 1
If a written notice provided by a State 2
or local government or instrumentality 3
thereof to a requesting party under 4
clause (i) with respect to a request de-5
scribed in subparagraph (A) identifies 6
as not having been submitted any in-7
formation that the government or in-8
strumentality is prohibited by para-9
graph (5) from requiring to be sub-10
mitted, such notice shall be treated as 11
not having been provided to the re-12
questing party. 13
‘‘(II) S
UBSEQUENT WRITTEN NO -14
TICE.—If a written notice provided by 15
a State or local government or instru-16
mentality thereof to a requesting 17
party under clause (ii) with respect to 18
a supplemental submission identifies 19
as not having been submitted any in-20
formation that was not identified as 21
not having been submitted in the prior 22
written notice under clause (i) or (ii) 23
in response to which the supplemental 24
submission was submitted, the subse-25
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quent written notice shall be treated 1
as not having been provided to the re-2
questing party. 3
‘‘(D) T
OLLING BY MUTUAL AGREEMENT .— 4
In addition to any tolling under subparagraph 5
(C), the 60-day timeframe under subparagraph 6
(A) may be tolled by mutual agreement between 7
the State or local government or instrumen-8
tality thereof and the requesting party.’’; 9
(3) in paragraph (3), by striking ‘‘paragraph 10
(1)’’ and inserting ‘‘this subsection’’; and 11
(4) by adding at the end the following: 12
‘‘(4) W
HEN REQUEST CONSIDERED SUB -13
MITTED.— 14
‘‘(A) I
N GENERAL.—For the purposes of 15
this subsection, a request described in para-16
graph (2)(A) shall be considered submitted on 17
the date on which the requesting party takes 18
the first procedural step within the control of 19
the requesting party— 20
‘‘(i) to submit such request in accord-21
ance with the procedures established by the 22
government or instrumentality for the re-23
view and approval of such a request; or 24
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‘‘(ii) in the case of a government or 1
instrumentality that has not established 2
specific procedures for the review and ap-3
proval of such a request, to submit to the 4
government or instrumentality the type of 5
filing that is typically required to initiate a 6
standard review for a similar facility or 7
structure. 8
‘‘(B) N
O PRE-APPLICATION REQUIRE -9
MENTS.—A State or local government or instru-10
mentality thereof may not require a requesting 11
party to undertake any process, meeting, or 12
other step prior to or as a prerequisite to a re-13
quest being considered submitted. 14
‘‘(5) L
IMITATION ON REQUIRED DOCUMENTA -15
TION.—A State or local government or instrumen-16
tality thereof may require a requesting party submit-17
ting a request as an eligible facilities request or an 18
eligible telecommunications facilities request to sub-19
mit information (including a form or other docu-20
ment) with such request only to the extent that such 21
information is reasonably related to determining 22
whether such request is an eligible facilities request 23
or an eligible telecommunications facilities request 24
(as the case may be) and is identified in a publicly 25
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available rule, regulation, or standard issued by the 1
government or instrumentality requiring that such 2
information be submitted with such a request. A 3
State or local government or instrumentality thereof 4
may not require a requesting party to submit any 5
other documentation or information with such a re-6
quest. 7
‘‘(6) E
NFORCEMENT.— 8
‘‘(A) I
N GENERAL.—A requesting party 9
may bring an action in any district court of the 10
United States to enforce the provisions of this 11
subsection. 12
‘‘(B) E
XPEDITED REVIEW .—A district 13
court of the United States shall consider an ac-14
tion under subparagraph (A) on an expedited 15
basis. 16
‘‘(7) D
EFINITIONS.—In this subsection: 17
‘‘(A) E
LIGIBLE FACILITIES REQUEST .— 18
The term ‘eligible facilities request’ means any 19
request for a modification of an existing wire-20
less tower, base station, or eligible support 21
structure that does not substantially change the 22
physical dimensions of such wireless tower, base 23
station, or eligible support structure and that 24
involves— 25
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‘‘(i) collocation of new transmission 1
equipment; 2
‘‘(ii) removal of transmission equip-3
ment; 4
‘‘(iii) replacement of transmission 5
equipment; or 6
‘‘(iv) placement, construction, or 7
modification of equipment that— 8
‘‘(I) improves the resiliency of 9
the wireless tower, base station, or eli-10
gible support structure; and 11
‘‘(II) provides a direct benefit to 12
public safety, such as— 13
‘‘(aa) providing backup 14
power for the wireless tower, base 15
station, or eligible support struc-16
ture; 17
‘‘(bb) hardening the wireless 18
tower, base station, or eligible 19
support structure; or 20
‘‘(cc) providing more reliable 21
connection capability using the 22
wireless tower, base station, or 23
eligible support structure. 24
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‘‘(B) ELIGIBLE SUPPORT INFRASTRUC -1
TURE.—The term ‘eligible support infrastruc-2
ture’ means infrastructure that supports or 3
houses a telecommunications service facility at 4
the time when an eligible telecommunications 5
facilities request for a modification of such fa-6
cility is submitted to a State or local govern-7
ment or instrumentality thereof. 8
‘‘(C) E
LIGIBLE SUPPORT STRUCTURE .— 9
The term ‘eligible support structure’ means a 10
structure that, at the time when an eligible fa-11
cilities request for a modification of such struc-12
ture is submitted to a State or local government 13
or instrumentality thereof, supports or could 14
support transmission equipment. 15
‘‘(D) E
LIGIBLE TELECOMMUNICATIONS FA -16
CILITIES REQUEST.—The term ‘eligible tele-17
communications facilities request’ means any 18
request for a modification of an existing tele-19
communications service facility in or on eligible 20
support infrastructure that does not substan-21
tially change the physical dimensions of such 22
facility and that involves— 23
‘‘(i) collocation of new telecommuni-24
cations service facility equipment; 25
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‘‘(ii) removal of telecommunications 1
service facility equipment; or 2
‘‘(iii) replacement of telecommuni-3
cations service facility equipment. 4
‘‘(E) T
ELECOMMUNICATIONS SERVICE FA -5
CILITY.—The term ‘telecommunications service 6
facility’— 7
‘‘(i) means a facility that is designed 8
or used to provide or facilitate the provi-9
sion of any interstate or intrastate tele-10
communications service; and 11
‘‘(ii) includes a facility described in 12
clause (i) that is used to provide other 13
services. 14
‘‘(F) T
RANSMISSION EQUIPMENT .—The 15
term ‘transmission equipment’ has the meaning 16
given such term in section 1.6100(b)(8) of title 17
47, Code of Federal Regulations (as in effect on 18
the date of the enactment of this paragraph).’’. 19
(b) I
MPLEMENTATION.—Not later than 180 days 20
after the date of the enactment of this Act, the Federal 21
Communications Commission shall issue final rules to im-22
plement the amendments made by subsection (a). 23
(c) A
PPLICABILITY.—The amendments made by sub-24
section (a) shall apply with respect to any eligible facilities 25
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request or eligible telecommunications facilities request 1
described in paragraph (1) of section 6409(a) of the Mid-2
dle Class Tax Relief and Job Creation Act of 2012 (47 3
U.S.C. 1455(a)) that is submitted (as determined under 4
paragraph (4) of such section, as added by subsection (a)) 5
by a requesting party on or after the date of the enact-6
ment of this Act. 7
Æ
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