Cities across US oppose Trump FCC plan to preempt local broadband rules

The Federal Communications Commission, led by Chairman Brendan Carr, is proposing rules to preempt state and local permitting for wired broadband by imposing a 120-day deadline to process rights-of-way authorizations, capping fees to what the agency deems the government’s “actual, direct costs,” limiting in-kind compensation, and forbidding extra charges tied to non-telecom uses. The FCC justifies the move under Section 253 of the Communications Act and leans on Title II-style authority by arguing that wireline infrastructure supports both telecommunications and non-telecommunications services. Broadband trade groups back the plan and push for even shorter windows - some suggesting 45-90 day limits for simpler permits - while the commission will accept reply comments through November and may finalize rules afterward.

Cities, counties, and national local-government associations strongly oppose preemption, saying permitting protects public safety, manages finite rights-of-way, and cannot be reduced to an arbitrary federal deadline. They argue provider behavior - permit-hoarding, slow deployment after approvals, and crowding out competitors - often causes delays, and urge rules targeting ISPs (for example, requiring build-out within 180 days of authorization). Legal challengers note a 2025 appeals court decision classifying broadband as an “information service,” question the FCC’s authority absent clear congressional authorization, point to existing 270-day federal permitting standards, and indicate they will sue if the commission exceeds its authority. Democratic Commissioner Anna Gomez signaled she will oppose final approval.