In the October 2, 2025 and November 25,2025 editions of the ICORE Blog, we reported on a Notice of Inquiry (NOI) adopted by the FCC on September 2, 2025 seeking comments relative to state and local permitting/authorization requirements that are perceived to constrain broadband deployment. Comments were filed in this proceeding in November, 2025 as discussed in the November 25, 2025 ICORE Blog.
Reply comments in this proceeding have now been filed and like the initial comment round, numerous Parties have weighed in. NTCA, in its reply comments point to the fact that comments received in the initial comment round provide numerous examples of delays and high unpredictable fees that covered 27 states including the District of Columbia thus indicating that these practices occur on a nationwide basis. NTCA urged the Commission to use these detailed examples of lengthy permitting delays and unnecessarily high associated costs inhibiting broadband deployment to issue a Notice of Proposed Rulemaking (NPRM) to address the situation. Specifically, NTCA offers that the NPRM should propose to require that any fee assessed by a state or local government entity for access to public Rights of Way (ROWs) must be cost based and construction authorizations conditioned on mandatory “in-kind” contributions should be banned. Further, NTCA states that the NPRM should require “shot clocks” to address the issue of lengthy delays relative to the state and local permitting and authorization process.
Replies were also filed by the Competitive Carriers Association (CCA), et al, on behalf of several trade associations representing a cross-section of America’s technology, manufacturing, and communications industries. CCA’s reply comments also address the need for the Commission to address the lengthy delays and excessive fees associated with existing state and local governmental regulations that are impeding the deployment of broadband facilities across the country. CCA applauds the Commission’s and the Administration’s commitment to reducing unnecessary barriers to deployment and innovation and in particular to the Administration’s goal of winning the AI race. CCA urges the Commission to use its Section 253 (of the Telecommunications Act) authority to help America win on AI and also build the foundation for high-speed communications services in the decades ahead.
USTelecom in its reply comments states that the record in this proceeding clearly indicates that state and local governmental rules and regulations in many jurisdictions are materially inhibiting the timely deployment of broadband services. The Commission is urged to establish national standards addressing state and local permitting processes. Further, USTelecom supports efforts by the Commission to adopt guardrails to ensure permitting fees are cost-based, application reviews are reasonable and uniform, and the Commission’s Section 253 preemptive authority is clarified.
It should be noted that several state and local governmental entities have filed comments and reply comments putting forth various arguments against the FCC’s preemptive authority under Section 253.
Now that comments and reply comments have been filed, this issue is now in the hands of the Commission for consideration and possible action. Given the Commission’s Build America Agenda and its related deregulatory efforts as well as the Administrations focus on AI and other streamlining initiatives, we think it’s likely that the Commission will at some point take action to address state and local permitting processes using its Section 253 authority. It is equally likely that any FCC action to preempt state and local authority will be challenged in the Courts. We will continue to monitor this important issue and will provide updates as more information becomes available.
