The FCC will examine potential changes to or preemption of state and local public right-of-way management authority.
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Citing concerns with project implementation delays, the Federal Communications Commission will conduct two proceedings on state and local regulations governing the deployment of wire-based broadband infrastructure and wireless infrastructure in public rights-of-way. Comments in both proceedings are due in November.
In announcing the proceedings, the FCC stated it has been “advised that [wireline and wireless] deployment projects are getting stuck in red tape on the state and local level.” The FCC in the proceedings will examine potential changes to or preemption of state and local public right-of-way management authority for such projects.
The Specifics
Specifically, the FCC will be holding proceedings on the following matters:
- Docket No. 25-253 – Notice of Inquiry (NOI) re: Eliminating Barriers to Wireline Deployments
- Docket No. 25-276 Notice of Proposed Rulemaking (NPRM) re: Eliminating Barriers to Wireless Deployments
In the first docket, No. 25-253, the FCC seeks information and stakeholder comments on state and local public right-of-way agreement or permit requirements, processing, and fees. This includes: state and local government public right-of-way agreements and permits for wireline deployments; public right-of-way access and use fees for wireline deployments; the overall effect of state and local government requirements on the provision of wireline telecommunications services; possible preemption of local government public right-of-way access and use fees for wireline deployments; and possible time limits on state and local approval of public right-of-way agreements and permits for wireline deployments.
In the second Docket, No. 25-276, the FCC seeks comments related to state and local wireless infrastructure deployment regulations. This includes: the deployment of macro cell towers and other wireless facilities, including aesthetic regulatory practice; the ability to alter permit conditions during permit renewal; existing shot clock timeframes and potential delays; alternative dispute resolution of permitting disputes; and whether current deployment agreement requirements, permits, and fees impose delays or unreasonable burdens on wireless facility providers.
HOW TO SUBMIT COMMENTS
Docket No. 25-253 stakeholder comments must be submitted by November 17. Docket No. 25-276 stakeholder comments must be submitted 30 days after publication (likely November 1). Electronic comments may be submitted using the FCC’s Electronic Comment Filing System (ECFS) at http://www.fcc.gov/ecfs. Commenters should refer to WC Docket No. 25-253 or WT Docket No. 25-276 when submitting comments.