Big Changes Could Be Afoot for Rights-of-Way Access: Lawyer
A pair of FCC proceedings could result in significant changes to how state and local governments regulate access to public rights-of-way for broadband and telecommunications networks, Marashlian & Donahue communications lawyer Jonathan Marashlian wrote Wednesday. He said municipalities know they have leverage over time-sensitive construction projects and use permitting as a negotiation tool -- often resulting in delays and higher deployment costs. The FCC proceedings are "a direct response to these kinds of real-world friction points." A wireline infrastructure notice of inquiry asks about possible limits on how states and local governments restrict rights-of-way access, while a wireless siting NPRM seeks comment on streamlining deployment of towers and other wireless infrastructure. Commissioners approved both at the agency's September meeting (see 2509300063).
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Marashlian said the commission's focus on Section 253 of the Communications Act, which covers preemption of state and local regulations that are barriers to entry, "is a recognition that localism has tipped into obstructionism in too many cases." Possible outcomes of the proceedings include national shot clocks with “deemed granted” outcomes for delayed decisions, an FCC-administered expedited appeals process for unreasonable local conditions, and preemption orders that invalidate specific classes of local fees, he said.