US cities take on the FCC over its plan to override local broadband rules
More than 200 local governments have told the FCC its proposed 120-day shot clock on broadband permits is illegal — setting up a court fight over who controls rural buildouts.
A fight over who controls broadband construction in America is heading for a legal showdown. City, county and state governments — and the national associations representing them — have filed comments with the Federal Communications Commission this week disputing its authority to impose deadlines on local permits for wireline broadband rights of way, Telecompetitor reports.
The FCC adopted a Notice of Proposed Rulemaking in June proposing a 120-day “shot clock” on applications for broadband right-of-way requests. The Commission argues local governments “excessively delay approvals and seek to extract exorbitant sums from providers, resulting in costs that render some deployments infeasible.”
Local governments say the plan is illegal. A September 21 filing from the US Conference of Mayors, the National League of Cities, the National Association of Counties and NATOA argued: “Local permitting is not a barrier to broadband deployment — it is an essential public safety function protecting residents, taxpayers, and all users of finite, multi-tenant public rights-of-way.”
More than 200 municipalities, regional planning organisations and public utility districts have sent letters to the FCC in recent weeks opposing the plan, according to WebProNews. Local officials also object to proposed limits on the fees and compensation they can require from providers, and argue the FCC should instead target permit-hoarding by incumbent ISPs.
Rural providers back the FCC. ACA Connects, which represents smaller rural broadband companies, said the rule would give providers certainty, while USTelecom wants the clock shortened further — 60 days for standard applications and 90 for complex ones. USTelecom CEO Jonathan Spalter wrote in an Agri-Pulse op-ed: “As broadband investment grows, rural America still waits on permits.”
Legal analysts expect court battles if the rule is finalised: the Obama-era FCC’s attempt to preempt state municipal-broadband laws ultimately failed in court, with judges siding with the states.
Sources
- Telecompetitor: https://www.telecompetitor.com/wireline-broadband-providers-ask-the-fcc-for-shorter-permitting-shot-clock/
- WebProNews: https://www.webpronews.com/fcc-proposal-to-override-local-broadband-rules-sparks-nationwide-opposition/
- Broadcast and CableSat: https://www.broadcastandcablesat.co.in/us-cities-oppose-fcc-plan-to-preempt-local-broadband-rules/
- ACA Connects: https://acaconnects.org/blog/removing-barriers-to-broadband-deployment/
- USTelecom: https://ustelecom.org/spalter-congress-must-include-broadband-in-permitting-reform/
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