This bill establishes a strict 60-day automatic approval timeline for state and local government consideration of existing wireless facility modification requests to accelerate 5G deployment.
Diana Harshbarger
Representative
TN-1
The 5G UPGRADE Act of 2025 establishes strict, accelerated timelines for state and local governments to review requests for modifications to existing wireless facilities. If a government fails to approve or formally deny an eligible facilities request within 60 days, the request is automatically approved. This legislation aims to streamline the deployment of 5G infrastructure by limiting bureaucratic delays.
The 5G UPGRADE Act of 2025 is a bill focused entirely on speed—specifically, the speed at which wireless carriers can upgrade existing cell towers and facilities to deploy faster 5G networks. The core mechanism here is a strict, federal 60-day limit for state and local governments to review modification requests. If the local planning board or zoning authority doesn't approve the request, or at least send a detailed written notice of ineligibility or incompleteness, within those 60 days, the application is automatically considered approved on day 61. This is a massive shift designed to cut regulatory red tape and accelerate network deployment across the country.
Think of this 60-day window as a hard deadline that local governments absolutely cannot miss. The clock starts ticking the moment the carrier submits the request. For the average person, this means that the rollout of high-speed 5G—which supports everything from your work-from-home video calls to advanced medical devices—should happen much faster. Companies that want to upgrade a tower near your home or office get a clear, predictable timeline, reducing the uncertainty that slows down investment. However, this speed comes at a cost for local control. If the local government is short-staffed or overwhelmed, the request could get rubber-stamped without adequate review of aesthetic concerns, potential environmental impacts, or even structural safety considerations.
One of the most significant provisions limits what local governments can ask for when reviewing these modification requests. Under this bill, local officials can only demand information that is directly related to determining if the request is an “eligible facilities request,” and that information must already be listed in a publicly available rule or standard. This is where the rubber meets the road for local planning boards. They can no longer ask for site-specific details that aren't already codified in a standard public document, even if those details are necessary for a thorough review of a unique site. If a local official asks for something that isn't explicitly in a public rule, the bill states that the request doesn't count, and the 60-day clock keeps running.
The only way for the local authority to pause (or “toll”) the 60-day clock is if the initial application is incomplete. They have 30 days to send a written notice detailing exactly what's missing, citing the specific public rule that requires that information. If they send a second notice because the follow-up information was also incomplete, they only get 10 days to do it. Miss that 10-day window, and the clock keeps ticking. This structure heavily favors the applicant, ensuring that local governments can't drag out the process by repeatedly claiming applications are incomplete. For carriers, this means far less time spent in bureaucratic limbo; for local communities, it means their planning and zoning commissions have very little wiggle room to perform due diligence, potentially leading to less desirable outcomes in terms of tower placement and design.
If a carrier believes a local government is violating these new timelines, the bill allows them to take the case directly to a U.S. District Court, which must review the case on an expedited basis. This is a powerful tool for industry, essentially giving them a fast-track way to override local decision-making if they feel the 60-day timeline isn't being respected. Overall, the 5G UPGRADE Act is a clear push for federal streamlining over local autonomy, prioritizing the rapid deployment of next-generation wireless infrastructure above almost all else.