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FCC Launches Inquiry on Local Authority Over Wireline Broadband Deployments
The notice of inquiry seeks information that may be used to limit state and local authority over wireline broadband infrastructure deployments.
The Federal Communications Commission (FCC) has issued a notice of inquiry, Build America: Eliminating Barriers to Wireline Deployments (pdf). The agency is seeking input on whether state and local permitting fees, processes, or in-kind requirements unnecessarily delay or burden the deployment of wireline broadband infrastructure.
While the inquiry does not propose new rules, the information gathered could be used in future actions to limit or preempt local oversight of rights-of-way, fees, compensation, and other regulatory tools cities use to manage deployment in the public interest.
The FCC is specifically seeking comment in several areas that could inform future rulemaking or federal action, including:
- Permitting and approval processes: Examples of local processes that may delay deployment or add costs when providers seek access to public rights-of-way.
- Fees and compensation for right-of-way access and use: Instances where fees or in-kind compensation requirements may impose significant burdens to deployment.
- Other state and local requirements: Identification of additional regulations that could have the effect of prohibiting or hindering wireline deployment and service.
- Comingled facilities: Examples of procedural requirements that affect carriers providing both telecommunications and other services over shared infrastructure.
- Alternative solutions: Ideas for reducing permitting timelines and streamlining deployment.
How to provide comments
Opening comments are due Nov. 17, 2025, with reply comments due Dec. 17, 2025. Cities interested in providing comments can do through the FCC’s e-filing system.
The League will continue to monitor the FCC’s inquiry and will join other municipalities in filing comments. For more information or for questions contact Daniel Lightfoot, League senior intergovernmental relations representative, at [email protected].