Broadband Resiliency and Flexible Investment Act
The Broadband Resiliency and Flexible Investment Act would update the federal framework that governs how state and local governments review certain modifications to existing wireless towers, base stations, and related facilities. Its main aim is to speed up upgrades that improve network resiliency and public safety, by requiring approvals for eligible modification requests within a 60-day clock and, if the government misses that window, deeming the request approved. It expands the types of modifications that qualify (to include resiliency improvements and public-safety benefits) and tightens the process for when information is incomplete. The Federal Communications Commission would issue implementing rules within 180 days, and the new rules would apply to qualifying requests submitted after the act’s enactment. In short, the bill tightens timelines, broadens what counts as a fast-track modification (including safety and reliability improvements), and strengthens federal enforcement to accelerate deployment of upgraded wireless and telecom facilities while limiting pre-submission hurdles for applicants.
Key Points
- 1Expands eligibility: Allows streamlined consideration for modifications that improve resiliency and provide direct public-safety benefits (e.g., backup power, hardening, more reliable connections) to existing wireless towers and related infrastructure; also covers eligible telecommunications facilities requests that don’t substantially change dimensions.
- 260-day deemed-approval clock: If a state/local government does not approve or issue a written determination within 60 days, the request is deemed approved. If the government determines the request isn’t eligible, it must issue a written notice with reasons and cited rule references.
- 3Completeness tolling: If the initial submission is incomplete, the 60-day clock is paused (tolled) until the applicant provides the missing information; similarly, if supplemental information is incomplete, additional tolling applies. The written notices must clearly describe what’s missing and cite applicable rules.
- 4No pre-application requirements and limited documentation: Local governments may not require pre-application steps, and may request only information reasonably related to determining eligibility, as identified in publicly available rules. No other documentation can be forced on the applicant.
- 5FCC implementing rules and applicability: The FCC must issue final rules within 180 days of enactment. The amendments apply to eligible facilities and eligible telecommunications facilities requests submitted on or after enactment.
- 6Enforcement and expedited review: Applicants can sue in federal district court to enforce the new provisions, and courts must handle such actions on an expedited basis.