Local governments caution that proposed FCC actions to accelerate broadband and wireless permitting could override planning board authority and set the stage for legal challenges in federal court.
Local governments are warning the Federal Communications Commission that attempts to expand its authority over broadband and wireless infrastructure permitting could result in court challenges, according to the most recent filings in the agency’s ongoing “Build America” proceedings.
In reply comments filed December 19, 2025, municipal organizations and local officials argue that the FCC lacks apparent statutory authority to impose additional federal preemption, including shortened permit timelines or “deemed granted” approvals if local jurisdictions fail to act within federally prescribed deadlines. They contend that such measures exceed the agency’s powers under the Communications Act and would almost certainly invite litigation.
The warnings were submitted in response to the FCC’s twin permitting dockets — WC Docket No. 25-253 (wireline broadband deployment) and WT Docket No. 25-276 (wireless infrastructure siting) — which seek comment on whether state and local permitting practices unlawfully delay network construction. Local governments counter that zoning, land-use review, and public safety oversight are core municipal functions that Congress has not delegated to the FCC.
Several filings caution that weakening local review authority could expose municipalities to increased liability and shift risk and cost away from infrastructure developers. Commenters also note that disputes historically resolved in court could increasingly be forced into federal administrative proceedings, setting the stage for judicial appeals.
The filings echo concerns reported earlier by Law360, which noted that local officials believe aggressive FCC action could lead to “extensive litigation” if the agency moves beyond its statutory limits.
With the reply comment phase now closed, the FCC is expected to review the record and determine whether to advance formal rulemaking in 2026 — a move that local governments signal would likely be met with legal challenges if federal preemption is expanded.
