NLC, NACo, USCM and NATOA file Joint Reply Comments in the FCC's Wireline NOI, WC No. 25-253

Community, Industry, Top Issues,

Today the The United States Conference of Mayors (USCM), the National League of Cities (NLC), the National Association of Counties (NACo), and the National Association of Telecommunications Officers and Advisors (NATOA) filed joint reply comments in the FCC Notice of Inquiry proceeding -  Build America: Eliminating Barriers to Wireline Deployments, WC Docket No. 25-253.  (NLC, NACo, USCM and NATOA. also previously filed Joint Comments in the NOI, WC Docket No. 25-253, on November 18th.)

In the NOI Reply, NATOA, NLC, USCM and NACo reiterated positions on the Commission’s questions regarding local permitting processes, timelines, and compensation for rights-of-way access, as well as the Commission’s broad mischaracterization of local rights-of-way management.   

“Local governments approach local permitting as a process that protects finite public resources. The complexity of telecommunications deployments requires a process that not only ensures the safety of all involved but also protects residents and taxpayers from absorbing additional costs. 

“The Local Government Associations caution the Commission from applying preemption authority beyond the scope of its telecommunications jurisdiction. Expanding the scope of Section 253 to cover services not classified under the Commission’s telecommunications services jurisdiction risks not only exceeding the Commission’s statutory limits, but also increases the likelihood of unnecessary litigation that slows, rather than speeds, deployment. Regardless of classification, Section 253(c) clearly indicates Congress's intent to preserve local governments’ right to manage public rights-of-way and to receive fair and reasonable compensation for their use. As the level of government closest to the people, we oppose heavy-handed federal regulatory overreach into local land use, permitting, and franchise negotiation decisions.” 

Further, “The Local Government Organizations reiterate that rather than indulging in Section 253 scope creep and inappropriate micromanagement of what are appropriately local decisions and processes, the Commission should instead consider mechanisms that foster and improve collaboration, process innovation, adoption of technology, necessary flexibility, protection of safety, and the responsible stewardship of finite public resources.”