LMC Files Comments on FCC Proposal To Change Local Wireline Deployment Rules

The League joined numerous local governments and federal partners to urge the Federal Communications Commission to recognize local circumstances and preserve cities’ ability to effectively manage public rights-of-way.

During the week of Sept. 21, the League of Minnesota Cities (LMC) filed comments with the Federal Communications Commission (FCC) regarding its proposal to establish new federal requirements for how state and local governments manage wireline telecommunications deployments in public rights-of-way.

View the proposed FCC rules regarding wireline deployments.

The League continues to support the goal of expanding access to reliable, affordable high-speed broadband. However, LMC’s comments urged the FCC to preserve local authority over public rights-of-way and recognize the unique circumstances of individual communities.

LMC’s comments focused on several key provisions of the FCC proposal:

• 120-day permitting deadline: LMC urged the agency to reject the proposed 120-day permitting “shot clock.” Broadband deployments often involve excavation, road closures, engineering reviews, traffic plans, environmental considerations, and coordination with other right-of-way users. LMC also noted that many smaller cities rely on outside contractors to review applications, making a rigid deadline particularly challenging. If a deadline is adopted, LMC recommended that the clock should not begin until an application is complete.
• Local authority over fees and compensation: LMC opposed proposed limits on the fees and other compensation cities may require when providers use public rights-of-way for commercial purposes. Cities should retain the ability to negotiate reasonable compensation and community benefits, including buildout requirements or services that benefit the public.
• Commingled facilities: LMC urged the FCC to reject its proposal to limit local regulation of facilities based on whether infrastructure carries multiple types of services. The physical impact of fiber and other infrastructure on a public right-of-way does not change based on the services traveling over it. Cities need the ability to manage the physical use of their rights-of-way regardless of how a provider classifies its services or corporate structure.
• Federal preemption and local control: LMC questioned whether the FCC has clear congressional authority to impose the proposed nationwide permitting, compensation, and other requirements. LMC pointed to federal law preserving local authority to manage rights-of-way and argued that disputes over unreasonable local practices should be addressed on a case-by-case basis rather than through broad federal mandates.

View the League’s submitted comments on the FCC’s proposed wireline deployment rules.

Thank you to Minnesota cities

LMC appreciates the Minnesota cities that took time to file their own comments with the FCC. Local governments’ firsthand experiences are an important part of demonstrating how federal changes could affect permitting, right-of-way management, public infrastructure, and local taxpayers.

Cities can still file reply comments

Cities can still respond to arguments raised in the initial round of comments through Nov. 5, 2026. Cities may file reply comments through the FCC’s Electronic Comment Filing System (ECFS) under WC Docket No. 25-253. When filing, select “Reply To Comments” as the document type.

Cities may wish to share specific local experiences with wireline permitting, right-of-way management, costs, restoration requirements, or coordination with broadband providers.

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