FCC to States: Stop Blocking High-Speed Internet Builds
Published Date: 8/7/2026
Proposed Rule
Summary
In this document, the Federal Communications Commission (Commission) proposes and seeks comment on rules that would eliminate state and local requirements that constrain the deployment of modern high-speed wireline infrastructure in violation of section 253 of the Communications Act (Act), particularly through the imposition of excessive delays and fees that impede infrastructure deployments and disincentivize investments in them. Based on the record resulting from a Notice of Inquiry that identified numerous challenges providers face in offering telecommunications services and deploying wireline infrastructure (2025 Notice of Inquiry), this Notice of Proposed Rulemaking seeks comment on codifying rules that would: establish a rebuttable presumption that state and local governments have effectively prohibited the provision of wireline telecommunications services if they fail to process all authorizations for use of public rights-of-way to provide wireline telecommunications services or to deploy wireline telecommunications infrastructure within 120 days; limit the fees that state and local governments may charge for a wireline telecommunications authorization to a reasonable approximation of the government's actual, direct costs of managing the rights-of-way with respect to that authorization and establish safe harbor fee levels that presumptively comport with that standard; require that the value of in-kind compensation demanded by state and local governments count toward any safe harbor fee levels adopted by the Commission; and prohibit state and local governments from imposing additional requirements on wireline telecommunications infrastructure deployments on the grounds that the infrastructure may be used to provide other services. The Notice of Proposed Rulemaking also seeks comment on the Commission's authority to enact these proposals.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
120‑Day Deadline to Approve Wireline Permits
The FCC proposes that if a state or local government does not act on all authorizations needed to use public rights-of-way for wireline telecom within 120 days, that delay would be presumed to effectively prohibit service under Section 253(a). The 120‑day clock would start when a provider submits a written application or takes the first mandatory procedural step, and would apply to all required authorizations including construction permits, right-of-way agreements, and requests to attach to government-owned poles or structures.
Caps and Safe Harbor for Right‑of‑Way Fees
The FCC proposes to limit the fees state and local governments may charge for wireline authorizations to a reasonable approximation of the government's actual, direct costs of managing the rights-of-way and to set safe harbor fee levels that presumptively meet that test. The proposal would also require that the value of any in-kind compensation demanded by governments be counted toward those safe harbor fee levels.
Ban on Extra Conditions Based on Other Services
The FCC proposes to bar state and local governments from imposing additional requirements on wireline infrastructure deployments on the ground that the infrastructure may be used to provide other services. This would prevent governments from layering extra conditions solely because equipment could support non-wireline services.
Enforcement Via Section 253(d) Petitions; No 'Deemed Granted' Remedy
The FCC seeks comment on enforcing the 120‑day standard by allowing providers to petition the Commission for preemption under Section 253(d) if a jurisdiction's procedures exceed 120 days. The FCC tentatively declines to adopt an immediate 'deemed granted' remedy and asks whether other injunctive relief would be available or necessary.
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Key Dates
Department and Agencies
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