119-hr5147

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5147 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5147

To amend the Communications Act of 1934 to streamline siting processes 
 for personal wireless service facilities, including small personal 
 wireless service facilities, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 4, 2025

 Mr. Latta introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

To amend the Communications Act of 1934 to streamline siting processes 
 for personal wireless service facilities, including small personal 
 wireless service facilities, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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 Act''.

SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY.

 

Section 332
            (c) of the Communications Act of 1934 (47 U.S.C. 332
            (c) ) 
is amended by striking paragraph

    (7) and inserting the following:
 ``

    (7) Preservation of local zoning authority.--
 ``
        (A) General authority.--Except as provided in 
 this paragraph, nothing in this Act shall limit or 
 affect the authority of a State or local government or 
 instrumentality thereof over decisions regarding the 
 placement, construction, or modification of personal 
 wireless service facilities.
 ``
        (B) Limitations.--
 ``
            (i) In general.--The regulation of the 
 placement, construction, or modification of a 
 personal wireless service facility by any State 
 or local government or instrumentality 
 thereof--
 ``
            (I) shall not discriminate among 
 personal wireless service facilities or 
 providers of communications service, 
 including by providing exclusive or 
 preferential use of facilities to a 
 particular provider or class of 
 providers of personal wireless service; 
 and
 ``
            (II) shall not prohibit or have 
 the effect of prohibiting the 
 provision, improvement, or enhancement 
 of personal wireless service.
 ``
            (ii) Engineering standards; aesthetic 
 requirements.--It is not a violation of clause
            (i) for a State or local government or 
 instrumentality thereof to establish for 
 personal wireless service facilities, or 
 structures that support such facilities, 
 objective, reasonable, and nondiscriminatory--
 ``
            (I) structural engineering 
 standards based on generally applicable 
 codes;
 ``
            (II) safety requirements; or
 ``
            (III) aesthetic or concealment 
 requirements (unless such requirements 
 prohibit or have the effect of 
 prohibiting the installation or 
 modification of such facilities or 
 structures).
 ``
            (iii) Timeframes.--
 ``
            (I) In general.--Except in the 
 case of an eligible facilities request 
 to which 

section 6409

    (a) of the Middle 
 Class Tax Relief and Job Creation Act 
 of 2012 (47 U.S.C. 1455

    (a) ) applies, a 
 State or local government or 
 instrumentality thereof shall grant or 
 deny a complete request for 
 authorization to place, construct, or 
 modify a personal wireless service 
 facility not later than--
 ``

    (aa) in the case of a 
 request for authorization to 
 place, construct, or modify a 
 personal wireless service 
 facility that is not a small 
 personal wireless service 
 facility--

 ``

    (AA) if the 
 request is for 
 authorization to place, 
 construct, or modify 
 such facility using an 
 existing structure, 
 including with respect 
 to an area that has not 
 previously been zoned 
 for personal wireless 
 service facilities 
 (other than small 
 personal wireless 
 service facilities), 90 
 days after the date on 
 which the complete 
 request is received by 
 the government or 
 instrumentality; or

 ``

    (BB) if the 
 request is for any 
 other action relating 
 to such facility, 150 
 days after the date on 
 which the complete 
 request is received by 
 the government or 
 instrumentality; and

 ``

    (bb) in the case of a 
 request for authorization to 
 place, construct, or modify a 
 small personal wireless service 
 facility--

 ``

    (AA) if the 
 request is for 
 authorization to place, 
 construct, or modify 
 such facility using an 
 existing structure, 60 
 days after the date on 
 which the complete 
 request is received by 
 the government or 
 instrumentality; or

 ``

    (BB) if the 
 request is for any 
 other action relating 
 to such facility, 90 
 days after the date on 
 which the complete 
 request is received by 
 the government or 
 instrumentality.

 ``
            (II) Treatment of batched 
 requests.--In the case of complete 
 requests described in subclause
            (I) that are submitted as part of a single 
 batch and received by the government or 
 instrumentality on the same day, 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 separately.
 ``
            (III) Applicability.--The 
 applicable timeframe under subclause
            (I) shall apply collectively to all 
 proceedings required by a State or 
 local government or instrumentality 
 thereof for the approval of the 
 request.
 ``
            (IV) No tolling.--A timeframe 
 under subclause
            (I) may not be tolled 
 by any moratorium, whether express or 
 de facto, imposed by a State or local 
 government or instrumentality thereof 
 on the submission, acceptance, or 
 consideration of any request for 
 authorization to place, construct, or 
 modify a personal wireless service 
 facility.
 ``
            (iv) Deemed granted.--
 ``
            (I) 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
            (I) of clause
            (iii) , 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 party.
 ``
            (II) Rule of construction.--In 
 the case of a request that is deemed 
 granted under subclause
            (I) , the 
 placement, construction, or 
 modification requested in the request 
 shall be considered to be authorized, 
 without any further action by the 
 government or instrumentality, 
 beginning on the date on which the 
 request is deemed granted under such 
 subclause.
 ``
            (v) Written decision and record.--Any 
 decision by a State or local government or 
 instrumentality thereof to deny a request for 
 authorization to place, construct, or modify a 
 personal wireless service facility shall be--
 ``
            (I) in writing;
 ``
            (II) supported by substantial 
 evidence contained in a written record; 
 and
 ``
            (III) publicly released, and 
 provided to the requesting party, on 
 the same day such decision is made.
 ``
            (vi) Environmental effects of radio 
 frequency emissions.--No State or local 
 government or instrumentality thereof may 
 regulate the operation, placement, 
 construction, 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 emissions.
 ``
            (vii) Fees.--To the extent permitted by 
 law, a State or local government or 
 instrumentality thereof may charge a fee to 
 consider a request for authorization to place, 
 construct, 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 placement, construction, or 
 modification of a personal wireless service 
 facility, if the fee is--
 ``
            (I) competitively neutral, 
 technology neutral, and 
 nondiscriminatory;
 ``
            (II) established in advance and 
 publicly disclosed;
 ``
            (III) calculated--
 ``

    (aa) based on actual and 
 direct costs for--

 ``

    (AA) review and 
 processing of requests; 
 and

 ``

    (BB) repairs and 
 replacement of 
 components and 
 materials resulting 
 from and affected by 
 the placement, 
 construction, or 
 modification (including 
 the installation or 
 improvement) of 
 personal wireless 
 service facilities or 
 repairs and replacement 
 of equipment that 
 facilitates the 
 placement, 
 construction, or 
 modification (including 
 the installation or 
 improvement) of such 
 facilities; and

 ``

    (bb) using, for purposes 
 of item

    (aa) , only costs that 
 are objectively reasonable; and
 ``
            (IV) described to a requesting 
 party in a manner that distinguishes 
 between--
 ``

    (aa) nonrecurring fees 
 and recurring fees; and
 ``

    (bb) 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 
 instrumentality.
 ``
            (C) Judicial or administrative review.--
 ``
            (i) 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 may, within 30 
 days after the action or failure to act, 
 commence an action in any court of competent 
 jurisdiction, which shall hear and decide the 
 action on an expedited basis.
 ``
            (ii) Administrative review.--
 ``
            (I) 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 
 act.
 ``
            (II) Timing.--Not later than 120 
 days after receiving a petition under 
 subclause
            (I) , the Commission shall 
 grant or deny such petition.
 ``
            (D) 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 or instrumentality 
 thereof shall be considered complete if 
 the requesting party--
 ``

    (aa) has taken the first 
 procedural step within the 
 control of the requesting 
 party--

 ``

    (AA) to submit 
 such request in 
 accordance with the 
 procedures established 
 by the government or 
 instrumentality for the 
 review and approval of 
 such request; or

 ``

    (BB) in the case 
 of a government or 
 instrumentality that 
 has not established 
 specific procedures for 
 the review and approval 
 of such request, 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 structure; 
 and

 ``

    (bb) has not received a 
 written notice from the 
 government or instrumentality 
 within 10 days after the date 
 on which the request is 
 received by the government or 
 instrumentality, if the request 
 is with respect to a small 
 personal wireless service 
 facility, or 30 days after such 
 date, if the request is with 
 respect to any other personal 
 wireless service facility--

 ``

    (AA) stating that 
 all the information 
 (including any form or 
 other document) 
 required by the 
 government or 
 instrumentality to be 
 submitted for the 
 request to be 
 considered complete has 
 not been submitted;

 ``

    (BB) identifying 
 the information 
 required to be 
 submitted that was not 
 submitted; and

 ``
            (CC) citing a 
 specific provision of a 
 publicly available 
 rule, regulation, or 
 standard of the 
 government or 
 instrumentality that 
 requires the 
 information identified 
 under subitem

    (BB) to 
 be submitted.

 ``
            (II) === Definition. ===
-In this clause, 
 the term `the date on which the request 
 is received by the government or 
 instrumentality' means--
 ``

    (aa) in the case of a 
 request submitted 
 electronically, the date on 
 which the request is 
 transmitted;
 ``

    (bb) in the case of a 
 request submitted in person, 
 the date on which the request 
 is delivered to the individual 
 or at the location specified by 
 the government or 
 instrumentality for in-person 
 submission; and
 ``
            (cc) in the case of a 
 request submitted in any other 
 manner, the date determined 
 under regulations promulgated 
 by the Commission for the 
 manner in which the request is 
 submitted.
 ``
            (ii) When complete request considered 
 received.--For the purposes of this paragraph, 
 a complete request shall be considered 
 received--
 ``
            (I) except as provided in 
 subclause
            (II) , on the date on which 
 the requesting party submits to the 
 government or instrumentality all 
 information (including any form or 
 other document) required by the 
 government or instrumentality to be 
 submitted for the request to be 
 considered complete; or
 ``
            (II) in the case of a request 
 with respect to which all such 
 information is not submitted and that 
 is considered complete under clause
            (i) 
            (I) because the requesting party has 
 not received a written notice from the 
 government or instrumentality within 
 the period described in such clause, on 
 the day after the last day of such 
 period.
 ``
        (E) Rule of construction.--Nothing in this 
 paragraph may be construed to affect 

section 6409

    (a) of 
 the Middle Class Tax Relief and Job Creation Act of 
 2012 (47 U.S.C. 1455

    (a) ).
 ``
        (F) === Definitions. ===
-In this paragraph:
 ``
            (i) Antenna.--The term `antenna' means an 
 apparatus designed for the purpose of emitting 
 radiofrequency radiation, to be operated or 
 operating from a fixed location for the 
 transmission of writing, signs, signals, data, 
 images, pictures, and sounds of all kinds.
 ``
            (ii) Communications network.--The term 
 `communications network' means a network used 
 to provide a communications service.
 ``
            (iii) Communications service.--The term 
 `communications service' means each of--
 ``
            (I) cable service, as defined in 
 

section 602;
 ``
            (II) information service;
 ``
            (III) telecommunications service; 
 and
 ``
            (IV) personal wireless service.
 ``
            (iv) Generally applicable code.--The term 
 `generally applicable code' means a uniform 
 building, fire, electrical, plumbing, or 
 mechanical code adopted by a national code 
 organization, or a local amendment to such a 
 code, to the extent not inconsistent with this 
 Act.
 ``
            (v) Network interface device.--The term 
 `network interface device' means a 
 telecommunications demarcation device and 
 cross-connect point that--
 ``
            (I) is adjacent or proximate to--
 ``

    (aa) a small personal 
 wireless service facility; or
 ``

    (bb) a structure 
 supporting a small personal 
 wireless service facility; and
 ``
            (II) demarcates the boundary with 
 any wireline backhaul facility.
 ``
            (vi) Personal wireless service.--The term 
 `personal wireless service' means any fixed or 
 mobile service (other than a broadcasting 
 service) provided via licensed or unlicensed 
 frequencies, including--
 ``
            (I) commercial mobile service;
 ``
            (II) commercial mobile data 
 service (as defined in 

section 6001 of 
 the Middle Class Tax Relief and Job 
 Creation Act of 2012 (47 U.S.C. 1401));
 ``
            (III) unlicensed wireless 
 service; and
 ``
            (IV) common carrier wireless 
 exchange access service.
 ``
            (vii) Personal wireless service 
 facility.--The term `personal wireless service 
 facility' means a facility used to provide or 
 support the provision of personal wireless 
 service.
 ``
            (viii) 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 3 cubic feet in volume (excluding a 
 wireline backhaul facility connected to such 
 personal wireless service facility).
 ``
            (ix) Unlicensed wireless service.--The 
 term `unlicensed wireless service'--
 ``
            (I) means the offering of 
 telecommunications service using a duly 
 authorized device that does not require 
 an individual license; and
 ``
            (II) does not include the 
 provision of direct-to-home satellite 
 services, as defined in 

section 303
            (v) .
 ``
            (x) 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 network.''.
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