H.R. 339 — Broadband Resiliency and Flexible Investment Act

This section revises the eligible facilities request provision to require state and local governments or instrumentalities to approve, and prohibit denial of, (1) eligible facilities requests for modifications of existing wireless towers, base stations, or eligible support structures that do not substantially change physical dimensions (previously limited to wireless towers or base stations); and (2) eligible telecommunications facilities requests for modifications of existing telecommunications service facilities in or on eligible support infrastructure that do not substantially change physical dimensions (new category). The section replaces the prior lack of a specified review period with a 60-day timeframe for approval, after which a request is deemed approved unless the government provides written notice determining it ineligible (citing specific statutory or regulatory provisions) or the period is tolled (1) for incompleteness via written notice identifying missing information within 30 days of initial submission or 10 days of supplemental submission, subject to limitations prohibiting notices citing banned requirements or repeating prior deficiencies; or (2) by mutual agreement. (As background, this provision—known as Section 6409(a)—streamlines state and local permitting for minor collocations, removals, or replacements on wireless infrastructure to expedite 5G and broadband deployment; the changes extend these "shot clock" safeguards to additional structures and facilities.)