,i #aahth ,,congress #ast ,session ,h4 ,r4 #ccac ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjbc,mr4 ,bucshon introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab to streamline the consideration by ,state and local governments of requests for modification of certain existing wireless facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wireless ,resiliency and ,flexible ,investment ,act of #bjbc4 #b4 ,requests for modification of certain existing wireless facilities 7a7 ,in general ,section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking a ,state or local government and all that follows and inserting the following3 a ,state or local government or instrumentality thereof may not deny1 and shall approve1 any eligible facilities request for a modification of an existing wireless tower1 base station1 or eligible support structure that does not substantially change the physical dimensions of such wireless tower1 base station1 or eligible support structure42 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,timeframe 7,a7 ,deemed approval ,if a ,state or local government or instrumentality thereof does not1 before or on the date that is #fj days after the date on which a requesting party submits to the government or instrumentality a request as an eligible facilities request1 approve the request or make the determination and provide the written notice described in subparagraph 7,b7 with respect to the request1 the request is deemed approved on the day after the date that is #fj days after the date on which the requesting party submits the request4 7,b7 ,determination request is not eligible facilities request 7i7 ,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 7,a7 is not an eligible facilities request4 7ii7 ,written notice described ,the written notice described in this subparagraph is a written notice of the determination described in clause 7i7 provided by the government or instrumentality to the requesting party that clearly describes the reasons why the request is not an eligible facilities request and includes a citation to a specific provision of this subsection or the regulations promulgated under this subsection relied upon for the determination4 7,c7 ,tolling due to incompleteness 7i7 ,initial request incomplete ,if1 not later than #cj days after the date on which a requesting party submits to a ,state or local government or instrumentality thereof a request described in subparagraph 7,a71 the government or instrumentality provides to the requesting party a written notice described in clause 7iii7 with respect to the request1 the #fj-;day timeframe under subparagraph 7,a7 is tolled until the date on which the requesting party submits to the government or instrumentality a supplemental submission in response to the notice4 7ii7 ,supplemental submission incomplete ,if1 not later than #aj 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 7i7 with respect to a request described in subparagraph 7,a7 or a written notice under this clause with respect to a subsequent supplemental submission1 the government or instrumentality provides to the requesting party a written notice described in clause 7iii7 with respect to the supplemental submission1 the #fj-;day timeframe under subparagraph 7,a7 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 notice4 7iii7 ,written notice described ,the written notice described in this clause is1 with respect to a request described in subparagraph 7,a7 or a supplemental submission described in clause 7i7 or 7ii7 submitted to a ,state or local government or instrumentality thereof by a requesting party1 a written notice from the government or instrumentality to the requesting party-- 7,i7 stating that all of the information 7including any form or other document7 required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted2 7,,ii7 identifying the information described in subclause 7,i7 that was not submitted2 and 7,,iii7 including a citation to a specific provision of a publicly available rule1 regulation1 or standard issued by the government or instrumentality requiring that such information be submitted with such a request4 7iv7 ,limitation 7,i7 ,initial written notice ,if a written notice provided by a ,state or local government or instrumentality thereof to a requesting party under clause 7i7 with respect to a request described in subparagraph 7,a7 identifies as not having been submitted any information that the government or instrumentality is prohibited by paragraph 7#e7 from requiring to be submitted1 such notice shall be treated as not having been provided to the requesting party4 7,,ii7 ,subsequent written notice ,if a written notice provided by a ,state or local government or instrumentality thereof to a requesting party under clause 7ii7 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 7i7 or 7ii7 in response to which the supplemental submission was submitted1 the subsequent written notice shall be treated as not having been provided to the requesting party4 7,d7 ,tolling by mutual agreement ,in addition to any tolling under subparagraph 7,c71 the #fj-;day timeframe under subparagraph 7,a7 may be tolled by mutual agreement between the ,state or local government or instrumentality thereof and the requesting party4 2 7#c7 in paragraph 7#c71 by striking paragraph 7#a7 and inserting this subsection2 and 7#d7 by adding at the end the following3 7#d7 ,when request considered submitted 7,a7 ,in general ,for the purposes of this subsection1 a request described in paragraph 7#b77;,a7 shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party-- 7i7 to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such a request2 or 7ii7 in the case of a government or instrumentality that has not established specific procedures for the review and approval of such a request1 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 structure4 7,b7 ,no pre-application requirements ,a ,state or local government or instrumentality thereof may not require a requesting party to undertake any process1 meeting1 or other step prior to or as a prerequisite to a request being considered submitted4 7#e7 ,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 to submit information 7including a form or other document7 with such request only to the extent that such information is reasonably related to determining whether such request is an eligible facilities request and is identified in a publicly available rule1 regulation1 or standard issued by the government or instrumentality requiring that such information be submitted with such a request4 ,a ,state or local government or instrumentality thereof may not require a requesting party to submit any other documentation or information with such a request4 7#f7 ,enforcement 7,a7 ,in general ,a requesting party may bring an action in any district court of the ,united ,states to enforce the provisions of this subsection4 7,b7 ,expedited review ,a district court of the ,united ,states shall consider an action under subparagraph 7,a7 on an expedited basis4 7#g7 ,definitions ,in this subsection3 7,a7 ,eligible facilities request ,the term eligible facilities request means any request for a modification of an existing wireless tower1 base station1 or eligible support structure that does not substantially change the physical dimensions of such wireless tower1 base station1 or eligible support structure and that involves-- 7i7 collocation of new transmission equipment2 7ii7 removal of transmission equipment2 7iii7 replacement of transmission equipment2 or 7iv7 placement1 construction1 or modification of equipment that-- 7,i7 improves the resiliency of the wireless tower1 base station1 or eligible support structure2 and 7,,ii7 provides a direct benefit to public safety1 such as-- 7aa7 providing backup power for the wireless tower1 base station1 or eligible support structure2 7bb7 hardening the wireless tower1 base station1 or eligible support structure2 or 7cc7 providing more reliable connection capability using the wireless tower1 base station1 or eligible support structure4 7,b7 ,eligible support structure ,the term eligible support structure means a structure that1 at the time when an eligible facilities request for a modification of such structure is submitted to a ,state or local government or instrumentality thereof1 supports or could support transmission equipment4 7,c7 ,transmission equipment ,the term transmission equipment has the meaning given such term in section #a4fajj7;b77#h7 of title #dg1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of this paragraph74 4 7b7 ,implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,communications ,commission shall issue final rules to implement the amendments made by subsection 7a74 7c7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any eligible facilities request described in paragraph 7#a7 of section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77 that is submitted 7as determined under paragraph 7#d7 of such section1 as added by subsection 7a77 by a requesting party on or after the date of the enactment of this ,act4