,i #aaith ,,congress #ast ,session ,h4 ,r4 #eadg ,,in ,,the ,,house ,,of ,,representatives ,september #d1 #bjbe,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 or 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 discriminate among personal wireless service facilities or providers of communications service1 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 provision1 improvement1 or enhancement of personal wireless service4 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 personal wireless service facilities1 or structures that support such facilities1 objective1 reasonable1 and nondiscriminatory-- 7,i7 structural engineering standards based on generally applicable codes2 7,,ii7 safety requirements2 or 7,,iii7 aesthetic or concealment requirements 7unless such requirements prohibit or have the effect of prohibiting the installation or modification of such facilities or structures74 7iii7 ,timeframes 7,i7 ,in general ,except in the case of an eligible facilities request to which section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a77 applies1 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 request for authorization to place1 construct1 or modify 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 using an existing structure1 including with respect to 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 request for authorization to place1 construct1 or modify a small personal wireless service facility-- 7,,aa7 if the request is for authorization to place1 construct1 or modify such facility using an existing structure1 #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 submission1 acceptance1 or consideration of any request for authorization to place1 construct1 or modify a personal wireless service facility4 7iv7 ,deemed granted 7,i7 ,in general ,if a ,state or local government or instrumentality thereof fails to take final action to grant or deny a complete request within the applicable timeframe under subclause 7,i7 of clause 7iii71 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 7,,ii7 supported by substantial evidence contained in a written record2 and 7,,iii7 publicly released1 and provided to the requesting party1 on the same day such decision is made4 7vi7 ,environmental effects of radio frequency emissions ,no ,state or local government or instrumentality thereof may regulate the operation1 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 or structures comply with the ,commission's regulations concerning such emissions4 7vii7 ,fees ,to the extent permitted by 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 facility 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 established in advance and publicly disclosed2 7,,iii7 calculated-- 7aa7 based on actual and direct 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 placement1 construction1 or modification 7including the installation or improvement7 of personal wireless service facilities or repairs and replacement of equipment that facilitates the placement1 construction1 or modification 7including the installation or improvement7 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 facilities 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 ,judicial or 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 7,i7 ,in general ,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 may petition the ,commission to review such action or failure to act4 7,,ii7 ,timing ,not later than #abj days after receiving a petition under subclause 7,i71 the ,commission shall grant or deny such petition4 7,d7 ,when request considered complete2 received 7i7 ,when request considered complete 7,i7 ,in general ,for the purposes of this paragraph1 a request to a ,state or local government or instrumentality thereof shall be considered complete if the requesting party-- 7aa7 has taken the first procedural step within the control of the requesting party-- 7,,aa7 to submit such request in accordance with the procedures established by the government or instrumentality for the review and approval of such request2 or 7,,bb7 in the case of a government or instrumentality that has not established specific procedures for the review and approval of such 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 structure2 and 7bb7 has not received a written notice from the government or instrumentality within #aj days after the date on which the request is received by the government or instrumentality1 if the request is with respect to a small personal wireless service facility1 or #cj days after such date1 if the request is with respect to any other personal wireless service facility-- 7,,aa7 stating that all 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,,bb7 identifying the information required to be submitted that was not submitted2 and 7,,cc7 citing a specific provision of a publicly available rule1 regulation1 or standard of the government or instrumentality that requires the information identified under subitem 7,,bb7 to be submitted4 7,,ii7 ,definition ,in this clause1 the term the date on which the request is received by the government or instrumentality means-- 7aa7 in the case of a request submitted electronically1 the date on which the request is transmitted2 7bb7 in the case of a request submitted in person1 the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission2 and 7cc7 in the case of a request submitted in any other manner1 the date determined under regulations promulgated by the ,commission for the manner in which the request is submitted4 7ii7 ,when complete request considered received ,for the purposes of this paragraph1 a complete request shall be considered received-- 7,i7 except as provided in subclause 7,,ii71 on the date on which the requesting party submits to the government or instrumentality all information 7including any form or other document7 required by the government or instrumentality to be submitted for the request to be considered complete2 or 7,,ii7 in the case of a request with respect to which all such information is not submitted and that is considered complete under clause 7i77,i7 because the requesting party has not received a written notice from the government or instrumentality within the period described in such clause1 on the day after the last day of such period4 7,e7 ,rule of construction ,nothing in this paragraph may be construed to affect section #fdji7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;a774 7,f7 ,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 each of-- 7,i7 cable service1 as defined in section #fjb2 7,,ii7 information service2 7,,iii7 telecommunications service2 and 7,,iv7 personal wireless service4 7iv7 ,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 7v7 ,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 7vi7 ,personal wireless service ,the term personal wireless service means any fixed or mobile service 7other than a broadcasting service7 provided via licensed or unlicensed frequencies1 including-- 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 7vii7 ,personal wireless service facility ,the term personal wireless service facility means a facility used to provide or support the provision of personal wireless service4 7viii7 ,small personal wireless service facility ,the term small personal wireless service facility means a personal wireless service facility in which each antenna is not more than #c cubic feet in volume 7excluding a wireline backhaul facility connected to such personal wireless service facility74 7ix7 ,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 services1 as defined in section #cjc7v74 7x7 ,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