5G UPGRADE Act of 2025

This bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to set a specific timeframe for state and local governments to decide on requests to modify existing wireless facilities, and for other purposes.

Sec. 2, Timeframe for consideration of requests for modification of certain existing wireless facilities: This section adds a new paragraph to existing law. It establishes a 60-day deadline for a state or local government to approve a request to modify an existing wireless tower or base station, or to determine that the request is not covered by the law. If the government does not act within 60 days, the request is automatically deemed approved. The government can toll (pause) the 60-day clock only by notifying the requester within 30 days that the initial request is incomplete, specifying what is missing and citing a public rule requiring it. Further tolling is allowed for incomplete supplemental submissions, with a 10-day notice requirement. The government cannot toll the clock by asking for information it is not allowed to require. The 60-day period can also be extended by mutual agreement. A request is considered submitted when the requester takes the first procedural step under the government's procedures, or makes a typical filing if no specific procedures exist. Governments cannot require pre-application steps. Governments may only require information reasonably related to determining if the request qualifies, and that information must be listed in a public rule. A requester can sue in federal district court to enforce these provisions, and the court must handle the case on an expedited basis. The Federal Communications Commission must issue final rules to implement these changes within 180 days of the bill's enactment. These rules apply to any eligible facilities request submitted on or after the bill's enactment date.