FCC Chairman Brendan Carr’s agency has initiated an inquiry into state and local statutes, ordinances, and practices that may “effectively prohibit” deployment, signaling potential federal preemption where local processes conflict with federal law.
Two key industry groups, NATE: The Communications Infrastructure Contractors Association and the Competitive Carriers Association (CCA), applauded the Federal Communications Commission for advancing an item from its September Open Meeting yesterday, aimed at expediting broadband buildouts and removing unlawful state and local barriers that slow infrastructure deployment. Both actions align with Chairman Brendan Carr’s “Build America” agenda, unveiled in July at a NATE member company in South Dakota.
CCA President & CEO Tim Donovan praised the move, saying, “CCA thanks the FCC for opening new proceedings today on improving the wireline and wireless permitting processes. Permitting has been a significant challenge for CCA members working to close the digital divide in rural areas, and further streamlining and improvement is necessary. We look forward to participating in these proceedings.”
NATE President & CEO Todd Schlekeway likewise lauded the Commission for shining a spotlight on unnecessary state and local barriers, noting that permitting delays, duplicative reviews, and red tape hinder deployment of high-speed broadband to communities that need it most. Advancing these proceedings, he said, is a meaningful step toward streamlining deployment and encouraging private-sector investment.
What the FCC is moving forward with
Wireless infrastructure NPRM: Launches a rulemaking to accelerate tower/rooftop/small-cell upgrades and siting, reduce paperwork overlaps, and clarify how shot clocks and categorical exclusions should apply to modern 4G/5G builds.
Barriers-to-buildout inquiry: Opens a record on state and local statutes, ordinances, fees, and practices that may “effectively prohibit” deployment, signaling potential federal preemption where local processes conflict with federal law.
What’s next?
With the items adopted, the dockets now head to public comment. Expect early filings from carriers, contractors, municipalities, and state associations on topics such as shot clocks, fee reasonableness, collocation/upgrades, NEPA/NHPA streamlining, and preemption contours—all with the shared goal of achieving faster, safer, and more predictable infrastructure deployment.
