WIRELESS Leadership Act
The Wireless Leadership Act (WIRELESS Leadership Act) would amend the Communications Act of 1934 to speed up the siting approval process for personal wireless service facilities, including small cells. By replacing and refocusing existing siting requirements, the bill would set concrete deadlines for local governments to approve or deny requests, limit local discretion in ways that could speed deployment, require written and well-supported decisions, and establish protections against discriminatory treatment. It also tightens rules around how localities may regulate the environmental effects of RF emissions (to align with FCC standards) and details how fees must be assessed. Overall, the bill aims to accelerate the rollout of wireless infrastructure while preserving certain local authority, standards, and review mechanisms. Key features include mandatory timelines for decisions (with specific thresholds for large versus small facilities, and special rules for batched requests), a deemed-grant mechanism if deadlines are missed, a prohibition on RF-emission regulation beyond FCC rules, and a structured framework for fees and transparency. The act preserves but clarifies local zoning authority, and creates expedited avenues for judicial and administrative review. It also provides a detailed set of definitions to standardize terms such as “small personal wireless service facility,” “antenna,” and “wireless facility.”
Key Points
- 1Timeframes for decisions:
- 2- Non-small facilities: 90 days (using an existing structure, not previously zoned areas) or 150 days (other actions).
- 3- Small facilities: 60 days (using an existing structure) or 90 days (other actions).
- 4- Batched requests: the longest applicable timeframe applies to each request; the process is treated collectively for all required actions.
- 5- If a local government fails to act, the request is deemed granted on a specified date, enabling the project to proceed without further action.
- 6Preserved and clarified local authority with nondiscrimination:
- 7- Local governments retain authority over siting decisions, but their regulation must not discriminate among facilities or providers and cannot prohibit provision or enhancement of service.
- 8- Objective, reasonable, non-discriminatory engineering, safety, and aesthetic rules are allowed, so long as they do not effectively block installation.
- 9Environmental regulation and fees:
- 10- Localities cannot regulate RF emissions beyond what the FCC regulates if facilities comply with FCC standards.
- 11- Fees must be competitively neutral, technology neutral, and nondiscriminatory; disclosed in advance; based on actual costs for review/processing and for backhaul repairs/replacements; distinguish nonrecurring versus recurring fees and use of existing versus non-existing facilities.
- 12Review and transparency:
- 13- Denials must be in writing, supported by substantial evidence, and publicly released on the same day.
- 14- Expedited judicial review (courts) and administrative review (FCC) are provided for affected parties.
- 15Definitions and scope:
- 16- Clarifies terms such as “antenna,” “small personal wireless service facility” (each antenna not more than 3 cubic feet in volume, excluding backhaul) and “wireless facility.”
- 17- Maintains consistency with existing law, including Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, and defines key terms to avoid ambiguity.