H.R. 5266

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

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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.
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