HR339-119

What This Bill Does

The Broadband Resiliency and Flexible Investment Act amends the 2012 spectrum law's section 6409(a) infrastructure modification rules. State and local governments may not deny and must approve eligible facilities requests for wireless towers, base stations, or eligible support structures that do not substantially change physical dimensions. The bill adds eligible telecommunications facilities requests for modifications of existing telecommunications service facilities in or on eligible support infrastructure, also limited to changes that do not substantially change physical dimensions. If a state or local government does not approve or issue a specific written determination by day 60, the request is deemed approved on day 61. Denials must clearly explain why a request is not eligible and cite the specific provision relied on. Incomplete-application notices can toll the 60-day clock only if issued within 30 days for the initial request or 10 days for supplemental submissions, identify missing required information, and cite a publicly available rule, regulation, or standard. The bill defines eligible support infrastructure, eligible support structure, eligible telecommunications facilities request, telecommunications service facility, and transmission equipment, and requires FCC final rules within 180 days.

Who Benefits and How

Wireless carriers benefit from mandatory local approval for eligible modifications that do not substantially change tower, base-station, or support-structure dimensions. Broadband providers benefit because telecommunications service facility modifications receive a similar eligible-request pathway. Tower companies benefit from a 60-day deemed-approval rule and tighter limits on incomplete-application tolling. Consumers in areas needing network upgrades benefit if eligible facility modifications move faster.

Who Bears the Burden and How

Local zoning offices must approve eligible requests within 60 days or issue legally specific denial or incompleteness notices. State governments lose discretion to deny covered wireless or telecommunications modifications that meet the statutory standard. Community opponents have less time and fewer procedural opportunities to delay eligible facility upgrades. FCC infrastructure staff must issue final implementing rules within 180 days.

Key Provisions

• Expands section 6409 approval protections to eligible telecommunications facilities requests.
• Requires deemed approval when state or local governments miss the 60-day decision deadline.
• Requires denial notices to explain ineligibility and cite specific legal authority.
• Limits tolling for incomplete applications to timely notices that identify missing required information and cite public rules.
• Directs FCC final rules within 180 days.