I 
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 modifica-
tion of certain existing wireless facilities, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 2. TIMEFRAME FOR CONSIDERATION OF REQUESTS 
FOR MODIFICATION OF CERTAIN EXISTING 
WIRELESS FACILITIES. 
(a) IN GENERAL.—Section 6409(a) of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(a)) is amended— 
(1) in paragraph (1), by inserting ‘‘or instru-
mentality thereof’’ after ‘‘State or local govern-
ment’’; 
(2) in paragraph (3), by striking ‘‘paragraph 
(1)’’ and inserting ‘‘this subsection’’; and 
(3) by adding at the end the following: 
‘‘(4) TIMEFRAME.— 
‘‘(A) DEEMED APPROVAL.—If a State or 
local government or instrumentality thereof 
does not, before or on the date that is 60 days 
after the date on which a requesting party sub-
mits to the government or instrumentality a re-
quest as an eligible facilities request described 
in paragraph (1), approve the request or make 
the determination and provide the written no-
tice described in subparagraph (B) with respect 
to the request, the request is deemed approved 
on the day after the date that is 60 days after 
the date on which the requesting party submits 
the request. 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
the date on which a requesting party sub-
mits to a State or local government or in-
strumentality 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 request-
ing party submits to the government or in-
strumentality a supplemental submission in 
response to the notice. 
‘‘(ii) SUPPLEMENTAL SUBMISSION IN-
COMPLETE.—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 de-
scribed in clause (iii) with respect to the 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
supplemental submission, the 60-day time-
frame under subparagraph (A) is further 
tolled until the date on which the request-
ing party submits to the government or in-
strumentality a subsequent supplemental 
submission in response to the notice. 
‘‘(iii) 
WRITTEN
NOTICE
DE-
SCRIBED.—The written notice described in 
this clause is, with respect to a request de-
scribed in subparagraph (A) or a supple-
mental submission described in clause (i) 
or (ii) submitted to a State or local govern-
ment or instrumentality thereof by a re-
questing party, a written notice from the 
government or instrumentality to the re-
questing party— 
‘‘(I) stating that all of the infor-
mation (including any form or other 
document) required by the govern-
ment or instrumentality to be sub-
mitted for the request to be consid-
ered complete has not been submitted; 
‘‘(II) identifying the information 
described in subclause (I) that was 
not submitted; and 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(III) including a citation to a 
specific provision of a publicly avail-
able rule, regulation, or standard 
issued by the government or instru-
mentality requiring that such informa-
tion 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 de-
scribed in subparagraph (A) identifies 
as not having been submitted any in-
formation that the government or in-
strumentality is prohibited by para-
graph (6) from requiring to be sub-
mitted, such notice shall be treated as 
not having been provided to the re-
questing party. 
‘‘(II) SUBSEQUENT WRITTEN NO-
TICE.—If a written notice provided by 
a State or local government or instru-
mentality thereof to a requesting 
party under clause (ii) with respect to 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
a supplemental submission identifies 
as not having been submitted any in-
formation that was not identified as 
not having been submitted in the prior 
written notice under clause (i) or (ii) 
in response to which the supplemental 
submission was submitted, the subse-
quent written notice shall be treated 
as not having been provided to the re-
questing party. 
‘‘(D) TOLLING BY MUTUAL AGREEMENT.— 
In addition to any tolling under subparagraph 
(C), the 60-day timeframe under subparagraph 
(A) may be tolled by mutual agreement between 
the State or local government or instrumen-
tality thereof and the requesting party. 
‘‘(5) 
WHEN
REQUEST
CONSIDERED
SUB-
MITTED.— 
‘‘(A) IN GENERAL.—For the purposes of 
this subsection, a request described in para-
graph (4)(A) shall be considered submitted on 
the date on which the requesting party takes 
the first procedural step within the control of 
the requesting party— 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(i) to submit such request in accord-
ance with the procedures established by the 
government or instrumentality for the re-
view 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 ap-
proval 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
REQUIRE-
MENTS.—A State or local government or instru-
mentality thereof may not require a requesting 
party to undertake any process, meeting, or 
other step prior to or as a prerequisite to a re-
quest being considered submitted. 
‘‘(6) LIMITATION ON REQUIRED DOCUMENTA-
TION.—A State or local government or instrumen-
tality thereof may require a requesting party submit-
ting a request as an eligible facilities request de-
scribed in paragraph (1) to submit information (in-
cluding a form or other document) with such request 
only to the extent that such information is reason-
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
ably related to determining whether such request is 
an eligible facilities request described in paragraph 
(1) and is identified in a publicly available rule, reg-
ulation, or standard issued by the government or in-
strumentality requiring that such information be 
submitted with such a request. A State or local gov-
ernment or instrumentality thereof may not require 
a requesting party to submit any other documenta-
tion or information with such a request. 
‘‘(7) ENFORCEMENT.— 
‘‘(A) IN
GENERAL.—A requesting party 
may bring an action in any district court of the 
United States to enforce the provisions of this 
subsection. 
‘‘(B) EXPEDITED
REVIEW.—A district 
court of the United States shall consider an ac-
tion under subparagraph (A) on an expedited 
basis.’’. 
(b) IMPLEMENTATION.—Not later than 180 days 
after the date of the enactment of this Act, the Federal 
Communications Commission shall issue final rules to im-
plement the amendments made by subsection (a). 
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to any eligible facilities 
request described in paragraph (1) of section 6409(a) of 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB
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 sub-
section (a)) by a requesting party on or after the date 
of the enactment of this Act. 
Æ 
VerDate Sep 11 2014 
04:28 May 25, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H3300.IH
H3300
pbinns on DSKJLVW7X2PROD with $$_JOB