Key facts
- Cities and counties are opposing a Trump administration FCC proposal to preempt local broadband deployment rules.
- The FCC argues local governments excessively delay approvals and charge high fees, hindering broadband deployment.
- Local governments contend the FCC plan would override public safety rules and that ISPs cause deployment delays.
- The FCC proposed a 120-day deadline for processing permits and limits on local government fees.
- Local government groups argue the FCC lacks the authority to preempt state and local control over public rights-of-way.
- The FCC claims authority under Section 253 of the Communications Act to preempt rules that prohibit broadband service.
Cities and counties across the United States are voicing strong opposition to a proposal by the Trump administration's Federal Communications Commission (FCC) that would preempt local rules governing the deployment of wired broadband networks. The FCC argues that many local governments excessively delay approvals and seek exorbitant fees, making some deployments financially unfeasible.
Local government representatives, however, contend that the FCC's plan is illegal and would undermine essential public safety functions. They argue that Internet service providers (ISPs) are often the cause of delays through tactics like permit-hoarding, which prevents competitors from deploying their own networks. Groups including the United States Conference of Mayors, National Association of Counties, National League of Cities, and National Association of Telecommunications Officers and Advisors stated in a joint filing that local permitting is crucial for protecting residents and public rights-of-way, and cannot be reduced to an arbitrary federal deadline.
These local government organizations urged the FCC to instead focus on rules that address provider delays and failures to deploy networks promptly after receiving local authorization. They suggested a requirement for ISPs to deploy networks within 180 days of local approval. The League of California Cities further argued that the FCC does not possess the clear congressional authorization needed to preempt traditional state and local authority over public property and rights-of-way management.
The FCC claims its authority to preempt local rules stems from Section 253 of the Communications Act, which prohibits state or local requirements that hinder telecommunications service provision. The agency believes certain permitting rules have this effect. The proposal includes a rebuttable presumption that governments have effectively prohibited service if authorizations are not processed within 120 days, and seeks to limit fees to reasonable approximations of direct costs.