5G UPGRADE Act of 2023

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘5G Using Previously 4 Granted Rulings that Accelerate Deployment Everywhere 5 Act of 2023’’ or the ‘‘5G UPGRADE Act of 2023’’. 6 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 $$_JOB 2 •HR 3300 IH SEC. 2. TIMEFRAME FOR CONSIDERATION OF REQUESTS 1 FOR MODIFICATION OF CERTAIN EXISTING 2 WIRELESS FACILITIES. 3 (a) IN GENERAL.—Section 6409(a) of the Middle 4 Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 5 1455(a)) is amended— 6 (1) in paragraph (1), by inserting ‘‘or instru- 7 mentality thereof’’ after ‘‘State or local govern- 8 ment’’; 9 (2) in paragraph (3), by striking ‘‘paragraph 10 (1)’’ and inserting ‘‘this subsection’’; and 11 (3) by adding at the end the following: 12 ‘‘(4) TIMEFRAME.— 13 ‘‘(A) DEEMED APPROVAL.—If a State or 14 local government or instrumentality thereof 15 does not, before or on the date that is 60 days 16 after the date on which a requesting party sub- 17 mits to the government or instrumentality a re- 18 quest as an eligible facilities request described 19 in paragraph (1), approve the request or make 20 the determination and provide the written no- 21 tice described in subparagraph (B) with respect 22 to the request, the request is deemed approved 23 on the day after the date that is 60 days after 24 the date on which the requesting party submits 25 the request. 26 VerDate Sep 11 2014 04:28 May 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3300.IH H3300 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3300 IH ‘‘(B) DETERMINATION REQUEST IS NOT 1 COVERED.— 2 ‘‘(i) DETERMINATION DESCRIBED.— 3 The determination described in this sub- 4 paragraph is a determination by a State or 5 local government or instrumentality thereof 6 that a request described in subparagraph 7 (A) is not an eligible facilities request de- 8 scribed in paragraph (1). 9 ‘‘(ii) WRITTEN NOTICE DESCRIBED.— 10 The written notice described in this sub- 11 paragraph is a written notice of the deter- 12 mination described in clause (i) provided 13 by the government or instrumentality to 14 the requesting party that clearly describes 15 the reasons why the request is not an eligi- 16 ble facilities request described in para- 17 graph (1) and includes a citation to a spe- 18 cific provision of this subsection or the reg- 19 ulations promulgated under this subsection 20 relied upon for the determination. 21 ‘‘(C) TOLLING DUE TO INCOMPLETE- 22 NESS.— 23 ‘‘(i) INITIAL REQUEST INCOM- 24 PLETE.—If, not later than 30 days after 25 VerDate Sep 11 2014 04:28 May 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3300.IH H3300 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3300 IH the date on which a requesting party sub- 1 mits to a State or local government or in- 2 strumentality thereof a request described 3 in subparagraph (A), the government or 4 instrumentality provides to the requesting 5 party a written notice described in clause 6 (iii) with respect to the request, the 60-day 7 timeframe under subparagraph (A) is 8 tolled until the date on which the request- 9 ing party submits to the government or in- 10 strumentality a supplemental submission in 11 response to the notice. 12 ‘‘(ii) SUPPLEMENTAL SUBMISSION IN- 13 COMPLETE.—If, not later than 10 days 14 after the date on which a requesting party 15 submits to a State or local government or 16 instrumentality thereof a supplemental 17 submission in response to a written notice 18 under clause (i) with respect to a request 19 described in subparagraph (A) or a written 20 notice under this clause with respect to a 21 subsequent supplemental submission, the 22 government or instrumentality provides to 23 the requesting party a written notice de- 24 scribed in clause (iii) with respect to the 25 VerDate Sep 11 2014 04:28 May 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3300.IH H3300 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3300 IH supplemental submission, the 60-day time- 1 frame under subparagraph (A) is further 2 tolled until the date on which the request- 3 ing party submits to the government or in- 4 strumentality a subsequent supplemental 5 submission in response to the notice. 6 ‘‘(iii) WRITTEN NOTICE DE- 7 SCRIBED.—The written notice described in 8 this clause is, with respect to a request de- 9 scribed in subparagraph (A) or a supple- 10 mental submission described in clause (i) 11 or (ii) submitted to a State or local govern- 12 ment or instrumentality thereof by a re- 13 questing party, a written notice from the 14 government or instrumentality to the re- 15 questing party— 16 ‘‘(I) stating that all of the infor- 17 mation (including any form or other 18 document) required by the govern- 19 ment or instrumentality to be sub- 20 mitted for the request to be consid- 21 ered complete has not been submitted; 22 ‘‘(II) identifying the information 23 described in subclause (I) that was 24 not submitted; and 25 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 $$_JOB 6 •HR 3300 IH ‘‘(III) including a citation to a 1 specific provision of a publicly avail- 2 able rule, regulation, or standard 3 issued by the government or instru- 4 mentality requiring that such informa- 5 tion be submitted with such a request. 6 ‘‘(iv) LIMITATION.— 7 ‘‘(I) INITIAL WRITTEN NOTICE.— 8 If a written notice provided by a State 9 or local government or instrumentality 10 thereof to a requesting party under 11 clause (i) with respect to a request de- 12 scribed in subparagraph (A) identifies 13 as not having been submitted any in- 14 formation that the government or in- 15 strumentality is prohibited by para- 16 graph (6) from requiring to be sub- 17 mitted, such notice shall be treated as 18 not having been provided to the re- 19 questing party. 20 ‘‘(II) SUBSEQUENT WRITTEN NO- 21 TICE.—If a written notice provided by 22 a State or local government or instru- 23 mentality thereof to a requesting 24 party under clause (ii) with respect to 25 VerDate Sep 11 2014 04:28 May 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3300.IH H3300 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3300 IH a supplemental submission identifies 1 as not having been submitted any in- 2 formation that was not identified as 3 not having been submitted in the prior 4 written notice under clause (i) or (ii) 5 in response to which the supplemental 6 submission was submitted, the subse- 7 quent written notice shall be treated 8 as not having been provided to the re- 9 questing party. 10 ‘‘(D) TOLLING BY MUTUAL AGREEMENT.— 11 In addition to any tolling under subparagraph 12 (C), the 60-day timeframe under subparagraph 13 (A) may be tolled by mutual agreement between 14 the State or local government or instrumen- 15 tality thereof and the requesting party. 16 ‘‘(5) WHEN REQUEST CONSIDERED SUB- 17 MITTED.— 18 ‘‘(A) IN GENERAL.—For the purposes of 19 this subsection, a request described in para- 20 graph (4)(A) shall be considered submitted on 21 the date on which the requesting party takes 22 the first procedural step within the control of 23 the requesting party— 24 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 $$_JOB 8 •HR 3300 IH ‘‘(i) to submit such request in accord- 1 ance with the procedures established by the 2 government or instrumentality for the re- 3 view and approval of such a request; or 4 ‘‘(ii) in the case of a government or 5 instrumentality that has not established 6 specific procedures for the review and ap- 7 proval of such a request, to submit to the 8 government or instrumentality the type of 9 filing that is typically required to initiate a 10 standard review for a similar facility or 11 structure. 12 ‘‘(B) NO PRE-APPLICATION REQUIRE- 13 MENTS.—A State or local government or instru- 14 mentality thereof may not require a requesting 15 party to undertake any process, meeting, or 16 other step prior to or as a prerequisite to a re- 17 quest being considered submitted. 18 ‘‘(6) LIMITATION ON REQUIRED DOCUMENTA- 19 TION.—A State or local government or instrumen- 20 tality thereof may require a requesting party submit- 21 ting a request as an eligible facilities request de- 22 scribed in paragraph (1) to submit information (in- 23 cluding a form or other document) with such request 24 only to the extent that such information is reason- 25 VerDate Sep 11 2014 04:28 May 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3300.IH H3300 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3300 IH ably related to determining whether such request is 1 an eligible facilities request described in paragraph 2 (1) and is identified in a publicly available rule, reg- 3 ulation, or standard issued by the government or in- 4 strumentality requiring that such information be 5 submitted with such a request. A State or local gov- 6 ernment or instrumentality thereof may not require 7 a requesting party to submit any other documenta- 8 tion or information with such a request. 9 ‘‘(7) ENFORCEMENT.— 10 ‘‘(A) IN GENERAL.—A requesting party 11 may bring an action in any district court of the 12 United States to enforce the provisions of this 13 subsection. 14 ‘‘(B) EXPEDITED REVIEW.—A district 15 court of the United States shall consider an ac- 16 tion under subparagraph (A) on an expedited 17 basis.’’. 18 (b) IMPLEMENTATION.—Not later than 180 days 19 after the date of the enactment of this Act, the Federal 20 Communications Commission shall issue final rules to im- 21 plement the amendments made by subsection (a). 22 (c) APPLICABILITY.—The amendments made by sub- 23 section (a) shall apply with respect to any eligible facilities 24 request described in paragraph (1) of section 6409(a) of 25 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 $$_JOB 10 •HR 3300 IH the Middle Class Tax Relief and Job Creation Act of 2012 1 (47 U.S.C. 1455(a)) that is submitted (as determined 2 under paragraph (5) of such section, as added by sub- 3 section (a)) by a requesting party on or after the date 4 of the enactment of this Act. 5 Æ VerDate Sep 11 2014 04:28 May 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3300.IH H3300 pbinns on DSKJLVW7X2PROD with $$_JOB