United States 117th Congress Status: In Committee 1 R cosponsors

HR 1045 — Broadband Resiliency and Flexible Investment Act

Last action — Referred to the Subcommittee on Communications and Technology.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Broadband Resiliency and Flexible Investment Act This bill provides statutory authority for the 60-day time frame for a state or local government that receives a complete eligible facilities request or a complete telecommunications facilities request to approve such request. The bill makes other changes related to such requests, including expanding the definition of eligible facilities request to include any request for the modification of an existing wireless tower, base station, or eligible support structure that involves the placement, modification, or construction of equipment that improves the resiliency of the wireless tower, base station, or eligible support structure and provides a direct benefit to public safety; and defining eligible telecommunications facilities request as any request for modification of an existing telecommunications service facility in or on an eligible support infrastructure that involves collocation, removal, or replacement of telecommunications service facility equipment.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Public safety communications and electromagnetic spectrum auctions · 47 U.S.C. ch. 13 1 section
  • § 1455 Wireless facilities deployment Amends

    47 U.S.C. § 1455 — at 1455(a)

    The law today

    (a) Facility modifications (1) In general Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. (2) Eligible facilities request For purposes of this subsection, the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves— (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3) Applicability of environmental laws Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act 1 or the National Environmental Policy Act of 1969. (b) Federal easements, rights-of-way, and leases (1) Grant If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (3), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance. (2) Application (A) In general The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency. (B) Exception The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application. (3) Timely consideration of applications (A) In general Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall— (i) grant or deny, on behalf of the Federal Government, the application; and (ii) notify the applicant of the grant or denial. (B) Explanation of denial If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial. (C) Applicability of environmental laws Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54 or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (D) Point of contact Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant. (c) Master contracts for communications facility installation sitings (1) In general Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 151) or any other provision of law, the Administrator of General Services shall— (A) develop one or more master contracts that shall govern the placement of communications facility installations on buildings and other property owned by the Federal Government; and (B) in developing the master contract or contracts, standardize the treatment of the placement of communications facility installations on buil...

    31 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 47 U.S.C. § 1401

How this bill changes current law

6 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the definition of eligible facilities requests and introduces a mandated 60-day timeframe for approval of such requests.

  • 47 U.S.C. 1455(a)(1)

    any eligible facilities request → any complete-- (A) eligible facilities request for a modification of an existing wireless tower, base station, or eligible support structure that does not substantially change the physical dimensions of such tower, base station, or eligible support structure; and (B) eligible telecommunications facilities request for a modification of any existing telecommunications service facility in or on an eligible support infrastructure that does not substantially change the physical dimensions of such facility.

    This change clarifies the definition of eligible facilities requests to include both wireless and telecommunications facilities.

  • 47 U.S.C. 1455(a)(2)

    2) Time frame.-- → 2) Time frame.-- (A) In general.--Not later than 60 days after the date on which a State or local government receives a complete request described under paragraph (1), the State or local government shall approve such request. (B) Deemed approval.--If a State or local government does not approve a request by the date required under subparagraph (A), the request is deemed approved on the day after such date.

    This establishes a 60-day deadline for state and local governments to approve eligible facilities requests.

  • 47 U.S.C. 1455(a)(2)

    2) Time frame.-- → 2) Time frame.-- (C) When request considered complete; received.-- (i) When request considered complete.-- (I) In general.--For the purposes of this paragraph, a request to a State or local government shall be considered complete if the requesting party has not received a written notice from the State or local government within 10 business days after the date on which the request is received by the State or local government-- (aa) stating that all the information (including any form or other document) required by the State or local government to be submitted for the request to be considered complete has not been submitted; and (bb) identifying the information required to be submitted that was not submitted.

    This sets criteria for when a request is considered complete.

  • 47 U.S.C. 1455(a)(2)(C)(ii)

    For the purposes of this paragraph, a complete request shall be considered received on the date on which the requesting party submits to the State or local government all information (including any form or other document) required by the State or local government to be submitted for the request to be considered complete.

    This clarifies when a complete request is considered received by the State.

  • 47 U.S.C. 1455(a)(4)

    4) Definitions.-- (A) Eligible facilities request.--The term `eligible facilities request' means any request for modification of an existing wireless tower, base station, or eligible support structure that involves-- (i) collocation of new transmission equipment; (ii) removal of transmission equipment; (iii) replacement of transmission equipment; or (iv) placement, modification, or construction of equipment that-- (I) improves the resiliency of the wireless tower, base station, or eligible support structure; and (II) provides a direct benefit to public safety, such as-- (aa) providing backup power for the wireless tower, base station, or eligible support structure; (bb) hardening the wireless tower, base station, or other eligible support structure; (cc) providing more reliable connection capability using the wireless tower, base station, or other eligible support structure.

    This new definition expands the criteria for eligible facilities requests to include enhancements for resiliency and public safety.

  • 47 U.S.C. 1455(a)(4)(B)

    Eligible telecommunications facilities request.--The term `eligible telecommunications facilities request' means any request for modification of an existing telecommunications service facility in or on an eligible support infrastructure that involves-- (i) collocation of new telecommunications service facility equipment; (ii) removal of telecommunications service facility equipment; or (iii) replacement of telecommunications service facility equipment.

    This adds a new definition for eligible telecommunications facilities requests.

Action History

  1. Referred to the Subcommittee on Communications and Technology.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation technology
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Frequently asked questions

What does HR 1045 do?
Broadband Resiliency and Flexible Investment Act This bill provides statutory authority for the 60-day time frame for a state or local government that receives a complete eligible facilities request or a complete telecommunications facilities request to approve such request. The bill makes other changes related to such requests, including expanding the definition of eligible facilities request to include any request for the modification of an existing wireless tower, base station, or eligible support structure that involves the placement, modification, or construction of equipment that improves the resiliency of the wireless tower, base station, or eligible support structure and provides a direct benefit to public safety; and defining eligible telecommunications facilities request as any request for modification of an existing telecommunications service facility in or on an eligible support infrastructure that involves collocation, removal, or replacement of telecommunications service facility equipment.
Who sponsors HR 1045?
HR 1045 is sponsored by Crenshaw, Dan (Republican).
What is the current status of HR 1045?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 1045?
Track HR 1045 free on One Click Politics — get push/email alerts when it moves.

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