Local Governments Push Back Against FCC Plan to Override Broadband Permitting Rules

Cities and counties across the United States are challenging a Trump administration proposal that would limit state and local authority over the deployment of wired broadband networks.

The Federal Communications Commission is accepting public comments on its Notice of Proposed Rulemaking, which proposes preempting certain state and local permitting requirements. The FCC argues that some local governments “excessively delay approvals and seek to collect exorbitant amounts from providers,” increasing deployment costs and making some projects impossible.

Broadband providers support the FCC’s proposal. Local governments, however, say the plan would override permitting rules designed to protect public safety. They also argue that the proposal is illegal and that the FCC should focus instead on broadband providers’ role in limiting competition through permit grabs and other tactics that can prevent competing networks from being built.

FCC proposal would impose a 120-day permitting deadline

According to filings in the FCC’s docket, local government leaders and organizations from across the country oppose the agency’s proposed 120-day deadline for processing broadband permits. They also object to proposed limits on the fees and compensation that local governments can require from providers.

“Local permitting is not a barrier to broadband deployment; it is an important public safety feature that protects residents, taxpayers, and all users of a finite, multi-tenant public right-of-way,” one filing states. “The complex coordination required to safely deploy wired communications infrastructure in, on, and under public rights-of-way cannot be reduced to arbitrary federal deadlines.”

The statement was filed on September 21 by the U.S. Conference of Mayors, the National Association of Counties, the National League of Cities, and the National Association of Telecommunications Officials and Advisors.

Cities say broadband providers are also delaying deployment

The FCC says its proposal is intended to accelerate broadband expansion. Local governments counter that internet service providers themselves can cause delays and limit broadband adoption.

Groups representing local governments urged the FCC to adopt requirements for providers as well. Their proposal would require ISPs to begin deploying networks within 180 days after receiving local approval.