5G UPGRADE Act of 2025
The 5G UPGRADE Act of 2025 amends the Middle Class Tax Relief and Job Creation Act of 2012 to speed up how state and local governments handle requests to modify existing wireless facilities. Its core change is a 60-day deemed-approval rule: if a request for modification (an eligible facilities request) is not approved or clearly denied within 60 days, it is deemed approved, subject to timely written notices when a request is not eligible or is incomplete. The bill also adds detailed rules about tolling when submissions are incomplete, limits the information a government may require, and provides for expedited federal court review to enforce the timeframe. The Federal Communications Commission would be required to issue final implementing rules within 180 days. The act applies to eligible facilities requests submitted after enactment. In short, the bill is designed to dramatically accelerate the processing of requests to modify wireless facilities to facilitate faster deployment of 5G infrastructure, while granting parties a structured process and federal enforcement to ensure timely decisions.
Key Points
- 1Deemed approval deadline: For eligible facilities requests, if a state/local government or its instrumentality does not approve or deny within 60 days, the request is deemed approved the day after the 60-day period, with exceptions for clearly ineligible determinations or documented incomplete submissions.
- 2Incomplete submissions and tolling: If an initial request is incomplete, the 60-day clock is tolled (paused) until the requesting party submits the missing information. Tolling can also occur with subsequent supplemental submissions, with specific written notices detailing what information is missing and citations to applicable rules.
- 3Written notices and eligibility determinations: When a request is deemed not an eligible facilities request, the government must provide a written notice explaining why, including citations to the specific provision relied upon.
- 4Documentation limits and pre-application requirements: Governments may require only information reasonably related to determining eligibility and required by publicly available rules; pre-application steps cannot be demanded as a prerequisite to consideration.
- 5Enforcement and implementation: A party may sue in federal district court to enforce the timeframe, with expedited review. The FCC must issue final rules implementing these amendments within 180 days of enactment, and the amendments apply to eligible facilities requests submitted on or after enactment.