FCC Proposes New Rules to Limit City Control Over Wireline Telecommunications Infrastructure
The Federal Communications Commission (FCC) is considering new rules that could significantly limit how cities manage wireline telecommunications infrastructure within public rights-of-way. The Notice of Proposed Rulemaking (NPRM), titled 'Build America: Eliminating Barriers to Wireline Deployments,' aims to accelerate broadband construction by reducing what the FCC identifies as 'excessive permitting delays, fees, and other local requirements.' If adopted, these rules would establish federal standards for local permitting timelines, cost recovery, and negotiated conditions. The proposal includes a 120-day 'shot clock' for cities to act on deployment authorizations, with the clock potentially starting from the first application submission. It also seeks to limit local fees to a reasonable approximation of direct costs, potentially introducing national fee safe harbors and scrutinizing percentage-of-revenue or per-linear-foot fees. Additionally, the FCC proposes restrictions on in-kind compensation, such as...
