Broadband Resiliency and Flexible Investment Act

Broadband Resiliency and Flexible Investment Act

This bill makes certain changes to the process through which states, localities, and their instrumentalities must evaluate requests to modify existing wireless communications towers, base stations, and other telecommunications service facilities.

Specifically, the bill provides statutory authority for the requirement that states and localities approve eligible modification requests within 60 days of their submission. A request is generally eligible if it proposes to add, replace, or remove transmission equipment in a manner that does not substantially change the physical dimensions of the existing structure.

If a request is deemed ineligible, the state or locality must provide written notice and an explanation to the requesting party. If a state or locality fails to respond to a request, it is deemed to be approved. The bill sets out procedures and timelines for addressing incomplete requests and supplemental submissions. 

Further, the bill provides statutory authority for the requirement that a request be considered submitted (thereby starting the 60-day clock) on the date the requesting party takes the first procedural step within its control to submit the request. The bill also limits the procedural steps and documentation requirements that states and localities may impose upon requesting parties. 

A requesting party may enforce the requirements of the bill in any U.S. district court, and courts must consider actions brought by a requesting party on an expedited basis.