Can the FCC Regulate Local Permitting?

ACA Connects, an industry group that represents midsize cable companies and fiber overbuilders, recently asked the Federal Communications Commission to issue regulations to streamline permitting and the acquisition of rights-of-way.  The ACA Connects comments were filed in response to the open Notice of Inquiry that asks for comments that can eliminate barriers to wireline deployments. The ACA Connects comments ask the FCC to investigate and regulate three issues. First is the timeline for local communities to respond to a request for rights-of-way or construction permits. Second, the group asks that fees charged for access to rights-of-ways be cost-based and objectively reasonable, and that new internet service providers are provided the same treatment that was provided to incumbent providers. Lastly, the group also objects to hidden fees and costs. The filing documents examples of unreasonable costs, such as having to bury conduit deeper than is required by industry standards. ACA Connects recognizes that this would be a big lift for the FCC, and I predict a huge legal battle if the agency decides to tackle this.