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

Cities and counties across the United States are pushing back against a Federal Communications Commission plan that would override local rules governing the deployment of wired broadband networks. The FCC has been taking public comments on a Notice of Proposed Rulemaking that would preempt state and local permitting rules, arguing that too many local governments “excessively delay approvals and seek to extract exorbitant sums from providers.”

What the FCC proposes

The draft rules would create a rebuttable presumption that a state or local government has effectively prohibited wireline telecommunications service if it fails to process all rights-of-way authorizations within 120 days. The FCC also wants to limit fees to “a reasonable approximation of the government’s actual, direct costs of managing the rights-of-way” and to cap the value of in-kind compensation.

Cities call permitting a public safety function

In a September 21 filing, the United States Conference of Mayors, the National Association of Counties, the National League of Cities and the National Association of Telecommunications Officers and Advisors rejected that premise. “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,” the groups wrote. They noted that federal agencies such as the Bureau of Land Management and the US Forest Service get 270 days for permits on federal property, with no penalty for missing that deadline, and called the FCC’s 120-day proposal arbitrary.

Provider delays and permit-hoarding

Local governments argue that Internet providers are often the source of the delays the FCC wants to fix. They asked the Commission to address “provider delays, failures to deploy, and permit-hoarding,” and suggested requiring ISPs to build within 180 days of receiving local authorization. Their filing describes applicants staking claims on poles and structures through permits or make-ready requests regardless of any real intent to deploy, which crowds out competitors on sought-after routes.

Legal authority and next steps

The League of California Cities told the FCC it has no authority to adopt the plan, saying preemption of local control over public property, construction, permitting and rights-of-way “should rest on clear congressional authorization.” The FCC relies on Section 253 of the Communications Act, part of Title II, although a 2025 appeals court decision held that broadband is an “information service.” Minnesota cities said the agency is repeating the mistake of the first Trump administration, whose net neutrality preemption was blocked in court. Cable and telecom lobby groups back the plan and want deadlines of 45 to 90 days for simple permits. Democratic Commissioner Anna Gomez said she is “dubious” about the Commission’s Section 253 authority. Reply comments are due November 5; if the FCC finalizes the rules, cities and states are expected to sue.