SUMMARYCities and counties across the United States are opposing an FCC proposal that would let the agency override local broadband permitting rules, including a 120-day deadline for permit processing and limits on local fees. The commission says the plan would reduce delays and lower deployment costs, while local governments argue it would unlawfully preempt authority over public property, safety, and rights-of-way. Democrat Anna Gomez supported seeking public input but said she doubts the FCC has legal authority for the move.
Ars Technica reports:
Cities and counties around the U.S. are angry at the Trump administration over a proposal to override local rules that govern the deployment of wired broadband networks... The Federal Communications Commission [FCC] argues that too many local governments "excessively delay approvals and seek to extract exorbitant sums from providers, resulting in costs that render some deployments infeasible." The FCC plan is supported by broadband providers, but local governments told the FCC that it would override rules that protect public safety.
Local governments say the plan is illegal and that the FCC should instead focus on how Internet providers thwart competition with permit-hoarding and other tactics that prevent competitors from deploying networks... They object to FCC plans to impose a 120-day deadline for processing permits and to proposed limits on fees and compensation that local governments can require from providers... Another filing submitted by the League of California Cities said the FCC has no authority to adopt the proposal. "Federal preemption of traditional state and local authority over public property, construction, public safety, permitting, and rights-of-way management should rest on clear congressional authorization," the filing said. "The commission should not infer broad preemptive authority where Congress did not expressly provide it...."
A filing by Minnesota cities said the current FCC is making the same mistake it made during the first Trump administration, when its attempt to preempt state net neutrality laws was blocked in court... If the FCC finalizes its new preemption plan, city and state governments could sue and ask a court to rule that the agency exceeded its authority...
Democratic Commissioner Anna Gomez approved the step of asking the public for input but signaled she would vote against the final proposal. "I am dubious about the commission's authority under Section 253 to use rulemaking to preempt states and localities when it comes to their management of rights of way and fees charged to providers," she said.