Companies Ask the FCC to Preempt Local Governments Pursuant to Section 253(d)

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The FCC’s Wireline Competition Bureau issued a Public Notice seeking comment on two petitions for declaratory ruling filed pursuant to section 253(d) of the Communications Act.  Both petitions allege violations of Section 253(a) of the Telecommunications Act.  The Bluebird Petition asks the Commission to preempt a per linear foot fee charged by the City of Columbia, Missouri for use of its rights of way.  The Mediacom Petition alleges a violation of Section 253(a) by the City of West Des Moines, Iowa because the City allegedly has conferred rights and privileges on one ISP related to a planned City-owned conduit network that, together with regulatory and other burdens imposed on other ISPs, effectively prohibit Mediacom from providing telecommunications services.  Comments or oppositions to the Petitions are due on or before September 22, 2021, and reply comments on or before October 12, 2021.