Oppose the Preemption of Local Broadband Permitting Authorities

ACTION NEEDED:

Urge your Members of Congress to oppose the preemption of local permitting authorities as outlined in H.R. 2289, The American Broadband Deployment Act of 2025, sponsored by Rep. Buddy Carter (R-Ga.). Counties support a meaningful role in the process of permitting wireless and wireline telecommunications infrastructure in our communities in order to protect the public Rights-of-Way. Counties further support the ability to assess reasonable fees to recover costs associated with permitting, engage in franchise agreements with providers, and coordinate infrastructure deployment safely and efficiently in our communities.

BACKGROUND:

On September 30, the Federal Communications Commission (FCC) announced a Notice of Proposed Rulemaking and a Notice of Inquiry on the state and local permitting process associated with wireless telecommunications infrastructure deployment and wireline telecommunications infrastructure deployment, respectively. Through both proceedings, the FCC is seeking to establish new limitations on a county government’s timeline to review a permit application, the criteria through which it can approve or deny an application, the process through which it can conduct cost recovery through fees assessment, the cable franchise agreement process, and more.

As the FCC seeks to move these rulemaking proceedings forward, the U.S. House of Representatives has introduced legislation to codify the regulatory changes that the FCC is seeking. In November, the House Energy and Commerce Committee passed out of committee on a party-line vote H.R. 2289, which combined various legislative proposals into a single state and local permitting preemption package. The legislation now stands before the full House for floor consideration, with a timeline uncertain.

The preemption of local authorities in the permitting process for telecommunications infrastructure would not expedite the build-out of high-speed broadband; it would only jeopardize the safety protocols and procedures that local governments outline in the permitting process by placing pressure on local governments to approve permit applications on a reduced timeline.

KEY TALKING POINTS:

• The preemption of local permitting authority will not lead to the expedited build-out of broadband infrastructure, but instead jeopardize the safety of the public with less local government oversight on the infrastructure management process.
• Counties serve as partners, not barriers, in the buildout of high-speed broadband infrastructure, and counties welcome such development in our communities while affirming the necessity of the local permitting process.