In the October 2, 2025 edition of the ICORE Blog, we reported that on September 30, 2025 the FCC adopted a Notice of Inquiry (NOI) seeking comments relative to state and local permitting/authorization requirements that are perceived to constrain broadband deployment. The NOI sought comments in response to concerns expressed by telecommunications providers regarding continuing delays resulting from authorization requirements established by state and local governments. Specific comments were sought regarding delays encountered when seeking access to public rights of way, the fees imposed by local government entities, in-kind compensation requirements, and whether these fees and delays prohibit the provision of services in violation of Section 253 of the Communications Act.
Comments in this proceeding were filed by numerous Parties. NTCA, in its comments, discussed how telecommunications providers serving rural areas face a number of challenges as they build, upgrade, and maintain their networks including low densities, difficult terrain, and weather-shortened construction seasons that drive up deployment and operating costs. Exacerbating these issues, providers face challenges in obtaining timely and cost-effective access to state and local government-controlled rights-of-way (RoWs) for the purpose of installing wireline infrastructure. Further, fees for RoWs can be excessive and delays in obtaining authorizations of up to a year or more are increasingly common. In addition, NTCA points out that construction authorizations conditioned upon “in-kind” contributions to a government entity are typically unrelated to the overall project and drive up the overall project costs. NTCA recommends that consistent with its authority under Section 253, the Commission should: (1) explicitly state that fees assessed by a state or municipal government for access to public RoWs as well as any associated permitting fees must be cost-based; (2) explicitly ban construction authorizations conditioned upon “in-kind” contributions; (3) adopt “shot clocks” that specify the allowable time for processing the various steps of the RoW authorization process; and (4) address the excessive fees for access to railroad crossings and other property for the purposes of installing communications facilities.
USTelecom, in its comments expressed many of the same concerns as did NTCA. USTelecom states that despite massive private and public investment, broadband deployment continues to be hindered by a patchwork of inconsistent, duplicative, and often unreasonable permitting and fee practices across state and local jurisdictions. Further, USTelecom recommends that the Commission establish reasonable, cost based, and transparent standards for state and local permitting processes and fees. Finally, USTelecom states its agreement with the Commission’s conclusion that it has clear authority to define and preempt unreasonable state and local permitting and fee practices that materially inhibit deployment.
In a related matter, on November18,2025 the U.S. House of Representatives’ Committee on Energy and Commerce’s Subcommittee on Communications and Technology held a markup session on 28 Bills related to streamlining broadband permitting. The Bills were forwarded to the full committee for consideration. FCC Chairman Carr issued a statement praising the Subcommittee’s efforts.
Reply Comments in the NOI are due on December 17, 2025. We will continue to follow this important issue and will provide updates as more information becomes available.
