5G Using Previously Granted Rulings that Accelerate Deployment Everywhere Act of 2023 or the 5G UPGRADE Act of 2023
This bill requires states, localities, and their instrumentalities to respond within a specified time frame to certain requests to modify existing wireless towers or base stations.
Currently, states and localities must approve eligible requests for modifications. A request is eligible if it proposes to add, replace, or remove transmission equipment in a manner that does not substantially change the physical dimensions of the tower or base station.
The bill requires states, localities, and their instrumentalities to respond to these types of requests within 60 days either by (1) approving them, or (2) providing a written notice that explains why they are ineligible for approval. Failure to respond to the request within 60 days deems it automatically approved.
Additionally, the bill sets out procedures and deadlines for receiving and responding to additional information related to a request.
A party that makes a request may enforce the requirements of the bill in any U.S. district court, and courts must consider actions brought by a requesting party on an expedited basis.