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

Key Points:

• The FCC proposes to override state and local permitting rules for wired broadband deployment, citing excessive delays and high fees by local governments, a move supported by broadband providers but opposed by municipalities citing public safety and legal concerns.
• Local governments argue that ISPs themselves often cause deployment delays through permit-hoarding and slow network buildout, urging the FCC to regulate providers more strictly rather than preempt local authority.
• The FCC claims authority under Section 253 of the Communications Act and Title II to impose a 120-day deadline for permit processing and limit fees, but critics contend the agency lacks clear congressional authorization and that the proposal raises federalism issues.
• The FCC’s plan would limit fees to approximate government costs and restrict additional local requirements, while ISPs and cable groups push for even shorter permit deadlines; local governments warn the 120-day limit is unrealistic compared to existing federal permit timelines.
• The FCC will finalize rules after public comments close, with Chairman Brendan Carr supporting the plan despite opposition from Democratic commissioners and local governments, who may challenge the FCC’s authority in court.