5G UPGRADE Act of 2023

Subjects: Science, Technology, Communications


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3300 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3300

 To amend the Middle Class Tax Relief and Job Creation Act of 2012 to 
     provide a timeframe for the consideration by State and local 
 governments of requests for modification of certain existing wireless 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2023

 Mrs. Harshbarger introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Middle Class Tax Relief and Job Creation Act of 2012 to 
     provide a timeframe for the consideration by State and local 
 governments of requests for modification of certain existing wireless 
                  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 ``5G Using Previously Granted Rulings 
that Accelerate Deployment Everywhere Act of 2023'' or the ``5G UPGRADE 
Act of 2023''.

SEC. 2. TIMEFRAME FOR CONSIDERATION OF REQUESTS FOR MODIFICATION OF 
              CERTAIN EXISTING WIRELESS FACILITIES.

    (a) In General.--Section 6409(a) of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1455(a)) is amended--
            (1) in paragraph (1), by inserting ``or instrumentality 
        thereof'' after ``State or local government'';
            (2) in paragraph (3), by striking ``paragraph (1)'' and 
        inserting ``this subsection''; and
            (3) by adding at the end the following:
            ``(4) Timeframe.--
                    ``(A) Deemed approval.--If a State or local 
                government or instrumentality thereof does not, before 
                or on the date that is 60 days after the date on which 
                a requesting party submits to the government or 
                instrumentality a request as an eligible facilities 
                request described in paragraph (1), approve the request 
                or make the determination and provide the written 
                notice described in subparagraph (B) with respect to 
                the request, the request is deemed approved on the day 
                after the date that is 60 days after the date on which 
                the requesting party submits the request.
                    ``(B) Determination request is not covered.--
                            ``(i) Determination described.--The 
                        determination described in this subparagraph is 
                        a determination by a State or local government 
                        or instrumentality thereof that a request 
                        described in subparagraph (A) is not an 
                        eligible facilities request described in 
                        paragraph (1).
                            ``(ii) Written notice described.--The 
                        written notice described in this subparagraph 
                        is a written notice of the determination 
                        described in clause (i) provided by the 
                        government or instrumentality to the requesting 
                        party that clearly describes the reasons why 
                        the request is not an eligible facilities 
                        request described in paragraph (1) and includes 
                        a citation to a specific provision of this 
                        subsection or the regulations promulgated under 
                        this subsection relied upon for the 
                        determination.
                    ``(C) Tolling due to incompleteness.--
                            ``(i) Initial request incomplete.--If, not 
                        later than 30 days after the date on which a 
                        requesting party submits to a State or local 
                        government or instrumentality thereof a request 
                        described in subparagraph (A), the government 
                        or instrumentality provides to the requesting 
                        party a written notice described in clause 
                        (iii) with respect to the request, the 60-day 
                        timeframe under subparagraph (A) is tolled 
                        until the date on which the requesting party 
                        submits to the government or instrumentality a 
                        supplemental submission in response to the 
                        notice.
                            ``(ii) Supplemental submission 
                        incomplete.--If, not later than 10 days after 
                        the date on which a requesting party submits to 
                        a State or local government or instrumentality 
                        thereof a supplemental submission in response 
                        to a written notice under clause (i) with 
                        respect to a request described in subparagraph 
                        (A) or a written notice under this clause with 
                        respect to a subsequent supplemental 
                        submission, the government or instrumentality 
                        provides to the requesting party a written 
                        notice described in clause (iii) with respect 
                        to the supplemental submission, the 60-day 
                        timeframe under subparagraph (A) is further 
                        tolled until the date on which the requesting 
                        party submits to the government or 
                        instrumentality a subsequent supplemental 
                        submission in response to the notice.
                            ``(iii) Written notice described.--The 
                        written notice described in this clause is, 
                        with respect to a request described in 
                        subparagraph (A) or a supplemental submission 
                        described in clause (i) or (ii) submitted to a 
                        State or local government or instrumentality 
                        thereof by a requesting party, a written notice 
                        from the government or instrumentality to the 
                        requesting party--
                                    ``(I) stating that all of 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;
                                    ``(II) identifying the information 
                                described in subclause (I) that was not 
                                submitted; and
                                    ``(III) including a citation to a 
                                specific provision of a publicly 
                                available rule, regulation, or standard 
                                issued by the government or 
                                instrumentality requiring that such 
                                information be submitted with such a 
                                request.
                            ``(iv) Limitation.--
                                    ``(I) Initial written notice.--If a 
                                written notice provided by a State or 
                                local government or instrumentality 
                                thereof to a requesting party under 
                                clause (i) with respect to a request 
                                described in subparagraph (A) 
                                identifies as not having been submitted 
                                any information that the government or 
                                instrumentality is prohibited by 
                                paragraph (6) from requiring to be 
                                submitted, such notice shall be treated 
                                as not having been provided to the 
                                requesting party.
                                    ``(II) Subsequent written notice.--
                                If a written notice provided by a State 
                                or local government or instrumentality 
                                thereof to a requesting party under 
                                clause (ii) with respect to a 
                                supplemental submission identifies as 
                                not having been submitted any 
                                information that was not identified as 
                                not having been submitted in the prior 
                                written notice under clause (i) or (ii) 
                                in response to which the supplemental 
                                submission was submitted, the 
                                subsequent written notice shall be 
                                treated as not having been provided to 
                                the requesting party.
                    ``(D) Tolling by mutual agreement.--In addition to 
                any tolling under subparagraph (C), the 60-day 
                timeframe under subparagraph (A) may be tolled by 
                mutual agreement between the State or local government 
                or instrumentality thereof and the requesting party.
            ``(5) When request considered submitted.--
                    ``(A) In general.--For the purposes of this 
                subsection, a request described in paragraph (4)(A) 
                shall be considered submitted on the date on which the 
                requesting party takes the first procedural step within 
                the control of the requesting party--
                            ``(i) to submit such request in accordance 
                        with the procedures established by the 
                        government or instrumentality for the review 
                        and approval of such a request; or
                            ``(ii) in the case of a government or 
                        instrumentality that has not established 
                        specific procedures for the review and approval 
                        of such a 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.
                    ``(B) No pre-application requirements.--A State or 
                local government or instrumentality thereof may not 
                require a requesting party to undertake any process, 
                meeting, or other step prior to or as a prerequisite to 
                a request being considered submitted.
            ``(6) Limitation on required documentation.--A State or 
        local government or instrumentality thereof may require a 
        requesting party submitting a request as an eligible facilities 
        request described in paragraph (1) to submit information 
        (including a form or other document) with such request only to 
        the extent that such information is reasonably related to 
        determining whether such request is an eligible facilities 
        request described in paragraph (1) and is identified in a 
        publicly available rule, regulation, or standard issued by the 
        government or instrumentality requiring that such information 
        be submitted with such a request. A State or local government 
        or instrumentality thereof may not require a requesting party 
        to submit any other documentation or information with such a 
        request.
            ``(7) Enforcement.--
                    ``(A) In general.--A requesting party may bring an 
                action in any district court of the United States to 
                enforce the provisions of this subsection.
                    ``(B) Expedited review.--A district court of the 
                United States shall consider an action under 
                subparagraph (A) on an expedited basis.''.
    (b) Implementation.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Communications Commission shall 
issue final rules to implement the amendments made by subsection (a).
    (c) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any eligible facilities request described in 
paragraph (1) of section 6409(a) of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1455(a)) that is submitted (as 
determined under paragraph (5) of such section, as added by subsection 
(a)) by a requesting party on or after the date of the enactment of 
this Act.
                                 &lt;all&gt;
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