119-hr5266

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5266 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5266

 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

 September 10, 2025

 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 2025'' or the ``5G UPGRADE 
Act of 2025''.

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.
 <all>