,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gcfb ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjbj,mr4 ,latta introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to streamline siting processes for personal wireless service facilities1 including small personal wireless service facilities1 and for other purposes4 #a4 ,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 ,act4 #b4 ,preservation of local zoning authority ,section #ccb7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77 is amended by striking paragraph 7#g7 and inserting the following3 7#g7 ,preservation of local zoning authority 7,a7 ,general authority ,except as provided in this paragraph1 nothing in this ,act shall limit or affect the authority of a ,state or local government or instrumentality thereof over decisions regarding the placement1 construction1 and modification of personal wireless service facilities4 7,b7 ,limitations 7i7 ,in general ,the regulation of the placement1 construction1 or modification of a personal wireless service facility by any ,state or local government or instrumentality thereof-- 7,i7 shall not unreasonably discriminate among providers of the same service using comparable equipment1 including by providing exclusive or preferential use of facilities to a particular provider or class of providers of personal wireless service2 and 7,,ii7 shall not prohibit or have the effect of prohibiting the provision of personal wireless service1 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 environment1 including by limiting the ability of any such provider or potential provider to-- 7aa7 fill gaps in coverage of personal wireless service2 7bb7 densify a personal wireless service network2 7cc7 introduce new personal wireless service2 or 7dd7 otherwise improve personal wireless service capabilities4 7ii7 ,engineering standards2 aesthetic requirements ,it is not a violation of clause 7i7 for a ,state or local government or instrumentality thereof to establish for small personal wireless service facilities objective1 reasonable1 and nondiscriminatory-- 7,i7 structural engineering standards based on generally applicable codes2 7,,ii7 safety requirements2 or 7,,iii7 aesthetic or concealment requirements4 7iii7 ,timeframes 7,i7 ,in general ,a ,state or local government or instrumentality thereof shall grant or deny a complete request for authorization to place1 construct1 or modify a personal wireless service facility not later than-- 7aa7 in the case of a personal wireless service facility that is not a small personal wireless service facility-- 7,,aa7 if the request is for authorization to place1 construct1 or modify such facility on an eligible support structure1 including in an area that has not previously been zoned for personal wireless service facilities 7other than small personal wireless service facilities71 #ij days after the date on which the complete request is received by the government or instrumentality2 or 7,,bb7 if the request is for any other action relating to such facility1 #aej days after the date on which the complete request is received by the government or instrumentality2 and 7bb7 in the case of a small personal wireless service facility-- 7,,aa7 if the request is for authorization to place1 construct1 or modify such facility on an eligible support structure1 including in an area that has not previously been zoned for personal wireless service facilities1 #fj days after the date on which the complete request is received by the government or instrumentality2 or 7,,bb7 if the request is for any other action relating to such facility1 #ij days after the date on which the complete request is received by the government or instrumentality4 7,,ii7 ,treatment of batched requests ,in the case of complete requests described in subclause 7,i7 that are submitted as part of a single batch and received by the government or instrumentality on the same day1 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 separately4 7,,iii7 ,applicability ,the applicable timeframe under subclause 7,i7 shall apply collectively to all proceedings required by a ,state or local government or instrumentality thereof for the approval of the request4 7,,iv7 ,no tolling ,a timeframe under subclause 7,i7 may not be tolled by any moratorium1 whether express or de facto1 imposed by a ,state or local government or instrumentality thereof on the consideration of any request for authorization to place1 construct1 or modify a personal wireless service facility4 7,v7 ,temporary waiver ,the ,commission may temporarily waive the applicability of subclause 7,i7 for not longer than a single #cj-;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 interest1 convenience1 and necessity4 7iv7 ,deemed granted 7,i7 ,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 7,i7 of clause 7iii71 including any temporary waiver granted under subclause 7,v7 of such clause1 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 party4 7,,ii7 ,rule of construction ,in the case of a request that is deemed granted under subclause 7,i71 the placement1 construction1 or modification requested in the request shall be considered to be authorized1 without any further action by the government or instrumentality1 beginning on the date on which the request is deemed granted under such subclause4 7v7 ,written decision and record ,any decision by a ,state or local government or instrumentality thereof to deny a request for authorization to place1 construct1 or modify a personal wireless service facility shall be-- 7,i7 in writing2 and 7,,ii7 supported by substantial evidence contained in a written record4 7vi7 ,environmental effects of radio frequency emissions ,no ,state or local government or instrumentality thereof may regulate the placement1 construction1 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 emissions4 7vii7 ,fees ,notwithstanding any other provision of law1 a ,state or local government or instrumentality thereof may charge a fee to consider a request for authorization to place1 construct1 or modify a personal wireless service facility1 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 placement1 construction1 or modification of a personal wireless service facility1 if the fee is-- 7,i7 competitively neutral1 technology neutral1 and nondiscriminatory2 7,,ii7 publicly disclosed2 7,,iii7 calculated-- 7aa7 based on actual and direct costs1 such as costs for-- 7,,aa7 review and processing of requests2 and 7,,bb7 repairs and replacement of components and materials resulting from and affected by the installation or improvement of personal wireless service facilities1 or repairs and replacement of equipment that facilitates the installation or improvement of such facilities2 and 7bb7 using1 for purposes of item 7aa71 only costs that are objectively reasonable2 and 7,,iv7 described to a requesting party in a manner that distinguishes between-- 7aa7 nonrecurring fees and recurring fees2 and 7bb7 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 instrumentality4 7,c7 ,rule of construction ,except as provided in subparagraph 7,b77iv71 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 place1 construct1 or modify a personal wireless service facility4 7,d7 ,applicability ,this paragraph shall apply to any request to a ,state or local government or instrumentality thereof for authorization to place1 construct1 or modify any personal wireless service facility1 including a request for authorization to place1 construct1 or modify a personal wireless service facility on an eligible support structure4 7,e7 ,judicial and administrative review 7i7 ,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 may1 within #cj days after the action or failure to act1 commence an action in any court of competent jurisdiction1 which shall hear and decide the action on an expedited basis4 7ii7 ,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 7,b77vi7 may petition the ,commission for relief4 7,f7 ,when request considered complete2 received 7i7 ,in general ,for purposes of this paragraph1 a request to a ,state or local government or instrumentality thereof shall be considered-- 7,i7 complete if-- 7aa7 the requesting party makes the request by submitting to the government or instrumentality the form required to be used for making the request2 7bb7 the form submitted contains all of the information specified by the form as being required to be included in the form2 and 7cc7 the requesting party has not received a written notice from the government or instrumentality within #aj business days after the date on which the request is received by the government or instrumentality-- 7,,aa7 stating that the form does not contain all of the information required to be included in the form2 and 7,,bb7 identifying the information required to be included in the form that was not included2 and 7,,ii7 received by the government or instrumentality-- 7aa7 in the case of a request submitted electronically1 on the date on which the form required to be used for making the request is transmitted2 7bb7 in the case of a request submitted in person1 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 submission2 and 7cc7 in the case of a request submitted in any other manner1 on the date determined under regulations promulgated by the ,commission for the manner in which the request is submitted4 7ii7 ,treatment of multiple forms ,if a ,state or local government or instrumentality thereof requires the use of multiple forms for making a request1 such forms shall be treated as a single form for purposes of clause 7i74 7,g7 ,definitions ,in this paragraph3 7i7 ,antenna ,the term antenna means an apparatus designed for the purpose of emitting radiofrequency radiation1 to be operated or operating from a fixed location for the transmission of writing1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds4 7ii7 ,communications network ,the term communications network means a network used to provide a communications service4 7iii7 ,communications service ,the term communications service means-- 7,i7 cable service1 as defined in section #fjb2 7,,ii7 information service2 7,,iii7 telecommunications service2 and 7,,iv7 personal wireless service4 7iv7 ,eligible support structure ,the term eligible support structure means a tower1 base station1 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 place1 construct1 or modify a personal wireless service facility on the structure is received by the government or instrumentality4 7v7 ,generally applicable code ,the term generally applicable code means a uniform building1 fire1 electrical1 plumbing1 or mechanical code adopted by a national code organization1 or a local amendment to such a code1 to the extent not inconsistent with this ,act4 7vi7 ,network interface device ,the term network interface device means a telecommunications demarcation device and cross-connect point that-- 7,i7 is adjacent or proximate to-- 7aa7 a small personal wireless service facility2 or 7bb7 a structure supporting a small personal wireless service facility2 and 7,,ii7 demarcates the boundary with any wireline backhaul facility4 7vii7 ,personal wireless service ,the term personal wireless service means-- 7,i7 commercial mobile service2 7,,ii7 commercial mobile data service 7as defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja772 7,,iii7 unlicensed wireless service2 and 7,,iv7 common carrier wireless exchange access service4 7viii7 ,personal wireless service facility ,the term personal wireless service facility means a facility for the provision of personal wireless service4 7ix7 ,small personal wireless service facility ,the term small personal wireless service facility-- 7,i7 means a personal wireless service facility in which each antenna is not more than #c cubic feet in volume2 and 7,,ii7 does not include a wireline backhaul facility4 7x7 ,unlicensed wireless service ,the term unlicensed wireless service-- 7,i7 means the offering of telecommunications service using a duly authorized device that does not require an individual license2 and 7,,ii7 does not include the provision of direct-to-home satellite service1 as defined in section #cjc7v74 7xi7 ,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 network4 4