NLC, NACo, USCM & NATOA Oppose the FCC's Wireline NPRM, WC No. 25-253, FCC 26-40

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), (“the Local Government Associations”) today filed Comments in opposition to the proposed rules on wireline permitting timelines, fees, and compensation in the Federal Communications Commission’s (Commission) Notice of Proposed Rulemaking (NPRM) Build America: Eliminating Barriers to Wireline Deployments, WC Docket No. 25-253, FCC 26-40.  These comments respond to the Commission’s proposed rules regarding the processing of permits to access and use public rights-of-way and to limit fees and other compensation for that access.

The Comments are available here. 

“As representatives of the government closest to the people, local leaders work closely to bring together various stakeholders, including federal, state, and private-sector partners, to provide affordable and accessible telecommunications services to all communities and residents. The Local Government Associations demonstrated the importance of the local permitting process in their comments and reply to the Commission’s Notice of Inquiry (NOI) in this proceeding. The Local Government Associations incorporate their comments and reply in the NOI by reference in this proceeding.

“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 complex coordination required to safely deploy wireline telecommunications infrastructure in, above, and below public roadways cannot be reduced to an arbitrary federal deadline. 

“The Commission's proposed 120-day shot clock, cost-based fee standard, and restrictions on in-kind compensation are harmful policies that would endanger public safety and undermine the local government-provider partnerships that enable responsible deployment. The proposed rules also exceed the Commission's authority in several ways:

• Sections 154(i), 201(b), 253, and 303 of the Communications Act provide no authority to impose one-size-fits-all rules on local land use and property management decisions.  
• Section 253(c) affirmatively preserves local ROW management authority and the right to require fair and reasonable compensation.  
• Section 253(d) authorizes only case-specific preemption of a singular government's regulation — not the nationwide rulemaking the Commission proposes.  

“Further, the Commission lacks the subject matter expertise to issue these rules without rendering them arbitrary and capricious. 

“The Local Government Associations urge the Commission to refrain from adopting the proposed rules and instead pursue collaboration, provider accountability requirements, and locally-tailored solutions to advance deployment.”

The Local Government Associations incorporated by reference our November 18, 2025 Comments and December 18, 2025 Reply Comments in the 25-253 Wireline Notice of Inquiry proceeding.