The Federal Communications Commission is considering new rules that could preempt local authority over broadband permitting, including project timelines, fees, and access to public rights-of-way.

The FCC is considering new federal standards aimed at speeding up wireline broadband deployment. The proposal includes mandatory timelines for local approvals and potential limits on the fees local governments can charge providers.

The National Association of Counties (NACo) is actively engaging with the FCC as the rulemaking moves forward.

NACo supports efforts to speed broadband deployment but opposes federal rules that would preempt reasonable local project reviews, limit standard fees, or undermine community standards.

The FCC is considering whether to establish new shot clocks for approvals involving public rights-of-way and whether certain local requirements violate federal law by delaying deployment. The agency is also weighing whether to limit local fees to the costs of reviewing and managing projects.

Counties manage the public rights-of-way where much of this infrastructure gets built. Local permitting allows counties to coordinate construction with existing infrastructure, protect public assets, and account for differences among projects and communities.

NACo has also urged the FCC to hold providers accountable after they receive permits. That includes following through on buildout commitments, particularly in rural and unserved areas where promised broadband investments may determine whether communities receive service.

The wireline proceeding is part of a broader federal look at local telecommunications authority. The FCC is separately considering changes involving wireless infrastructure, including local review timelines, fees, and conditional use permits, while Congress has considered legislation that would preempt state and local authority over broadband deployment.

The FCC published the wireline proposal in the Federal Register on August 7. Counties have until September 21 to submit comments, with reply comments due November 5.

MACo will continue tracking the proceedings and their potential effects on Maryland counties.

Stay tuned to Conduit Street for more information.

Useful Links

NACo: FCC Considers Preemption of Local Authorities in Broadband Permitting Process

FCC: Build America – Eliminating Barriers to Wireline Deployments