Though primarily concerned about permitting delays and fees, the FCC is inviting operators to highlight any state or local regulation they see as stalling network rollouts
The FCC has opened two proceedings to address planning barriers to fixed and mobile network deployment
On 9 September 2025, the Federal Communications Commission (FCC) published a notice of inquiry and a notice of proposed rulemaking (NPRM) on removing barriers to deploying fixed and mobile infrastructure across the US. Both notices refer to the Communications Act, which outlines that no state or local regulation can prohibit the provision of telecoms services and that federal regulation (or federal decisions not to regulate) broadly pre-empts state and local rules for the sector. The regulator is primarily concerned with the process and fees associated with permitting for the use of public rights-of-way and particularly with delays that operators face when seeking permits from local authorities. However, the notices also provide an open invitation for operators to comment on any form of state and local regulation that is seen as an impediment to network development, including as widely as regulation of AI. Both the notice of inquiry and the NPRM will be voted on at the regulator’s next open meeting on 30 September 2025 and, if approved, will be subject to public consultation.
Extending and clarifying the conditions set under the 2018 Small Cell Order
The NPRM on mobile network deployment follows the Small Cell Order, adopted by the FCC in 2018, which set federal limits on fees, aesthetic requirements and processing times related to the deployment of small wireless facilities. The regulator proposes to further clarify its order on concealing small mobile infrastructure with the aim of limiting disputes and expediting the review of permitting for modification to existing sites. The FCC also seeks further comment on whether there remain other permitting or fee barriers that inhibit the deployment of small cells that the regulator should address. Specifically, the regulator is asking for insight on how its “shot clock” for permit approval has impacted the speed of deployment and whether its mandated 60-day window for reviewing colocation applications and 90-day window for reviewing applications for new facilities has been effective. The FCC is sceptical of the approach a number of local governments have taken to assessing fees for permitting and suggests it may redefine the “reasonable costs” on which these authorities may base their fees and ban the use of recurring, flat rate or gross revenue based fees. Regarding cell towers and other large infrastructure deployments, the regulator requests feedback on what standards put forward in the Small Cell Order should be extended to support the deployment of other types of mobile infrastructure. Beyond these three categories of pre-empted regulation in fees, permits and aesthetics, the regulator also points to local regulation of AI as a potential impediment to the adoption of the technology for mobile network management and asks whether the FCC needs to consider its power to overrule these frameworks as impediments to network development. Core to each of these concerns is the FCC’s stated motivation to support the “densification” of 5G networks, particularly in urban areas, and to address what it claims are some local authorities' failures to recognise the unique technical qualities of 5G as opposed to prior mobile generations.
Replicating the preemption of local regulation from the mobile sector for the fixed sector
The regulator’s notice of inquiry on fixed network facilities largely asks whether an order akin to the Small Cell Order is needed to address similar barriers to deploying fixed-line infrastructure (i.e. fibre). According to the FCC, operators continue to report that difficulties in obtaining public rights-of-way impede both public and private investment in network rollouts in the form of authorisation delays and excessive fees. Within the notice, the FCC poses a series of questions seeking highly specific detail on the process for obtaining local permission to access public rights-of-way, including the documentation required at each step, the length of processing for each step and the various terms that a local authority may set when granting authorisation. Amid these questions, the FCC included a comment from the Competitive Fiber Providers that states that the uncertainty experienced by operators related to the timing of authorisation processes has discouraged investment altogether as it has become difficult to accurately predict when firms could expect a return on their infrastructure deployment. Similar to its rules for mobile infrastructure, the FCC appears to be considering the imposition of a “shot clock” for rights-of-way authorisations as well. The FCC also asks after the types and levels of fees charged for issuing rights-of-way and specifically requests comment on any “in-kind compensation” sought by local authorities – such as conditions around repaving stretches of roads or installing excess fibre for the Government’s use. Again, the regulator also encourages operators to submit comments on any other type of state or local regulation that may be discouraging their roll-out of network infrastructure, including another suggestion that AI regulation inhibits improved network management. Using its broad preemption powers under the Communications Act, the FCC seems intent to spread its Delete, Delete, Delete deregulatory agenda to local authorities, especially in advance of the building to be funded by the Broadband Equity, Access, and Deployment (BEAD) programme.
