Sec. 2. Codifying 60-day time frame for certain eligible facilities requests
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/bill/116/hr/7360/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(a) ) is amended— by amending paragraph
(2)to read as follows: Not later than 60 days after the date on which a State or local government receives a complete eligible facilities request described under paragraph (1), the State or local government shall approve such request. For the purposes of this paragraph, an eligible facilities request shall be considered— complete if— the requesting party makes the request by submitting to the State or local government the application form required to be used for making the request; the application form submitted contains all of the information specified by the form as being required to be included in form; and 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— stating that the application form does not contain all of the information required to be included in the form; and identifying the information required to be included in the form that was not included; and received by the State or local government— in the case of a request submitted electronically, on the date on which the application form required to be used for making the request is transmitted; in the case of a request submitted in person, on the date on which the application 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 submission; or in the case of a request submitted in any other manner, on the date determined under regulations promulgated by the Commission for the manner in which the request is made. If a State or local government requires the use of multiple forms for making an eligible facilities request, such forms shall be treated as a single form for purposes of clause (i). If a State or local government does not approve an eligible facilities request by the date required under subparagraph (A), the request is deemed approved on the day after such date. ; and by adding at the end the following: In this subsection: The term eligible facilities request means any request for modification of an existing wireless tower, base station, or eligible support structure that involves— collocation of new transmission equipment; removal of transmission equipment; replacement of transmission equipment; or placement, modification, or construction of equipment that— improves the resiliency of the communications network; and provides a direct benefit to public safety, such as— providing backup power; hardening the wireless tower, base station, or other eligible support structure; or providing more reliable connection capability. The term eligible support structure means a structure that supports a personal wireless service facility at the time at which the eligible facilities request is made. The term personal wireless service facility means a facility necessary for the provision of— commercial mobile service; commercial mobile data service (as that term is defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 )); unlicensed wireless service; and common carrier wireless exchange access service. .
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