5G UPGRADE Act of 2023

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. 1. Short title This Act may be cited as the 5G Using Previously Granted Rulings that Accelerate Deployment Everywhere Act of 2023 5G UPGRADE Act of 2023 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) (1) in paragraph (1), by inserting or instrumentality thereof State or local government (2) in paragraph (3), by striking paragraph (1) this subsection (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)

Summary: 5G Using Previously Granted Rulings that Accelerate Deployment Everywhere Act of 2023 or the 5G UPGRADE Act of 2023 This bill requires states, localities, and their instrumentalities to respond within a specified time frame to certain requests to modify existing wireless towers or base stations. Currently, states and localities must approve eligible requests for modifications. A request is eligible if it proposes to add, replace, or remove transmission equipment in a manner that does not substantially change the physical dimensions of the tower or base station. The bill requires states, localities, and their instrumentalities to respond to these types of requests within 60 days either by (1) approving them, or (2) providing a written notice that explains why they are ineligible for approval. Failure to respond to the request within 60 days deems it automatically approved. Additionally, the bill sets out procedures and deadlines for receiving and responding to additional information related to a request. A party that makes a request 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.