FCC Looks to Streamline Modern, High-Speed Wireline Deployment

The Federal Communications Commission proposed new rules to ensure consistent, reasonable state and local regulations for the deployment of modern, high-speed wireline infrastructure. This rulemaking aims to cut red tape and excessive fees imposed by some state and local governments in the public rights-of-way for wireline deployments. State and local statutes, regulations, and legal requirements that prohibit or have the effect of prohibiting the provision of wireline telecommunications services are unlawful under Section 253 of the Communications Act. The Notice adopted today proposes and seeks comment on rules that would: 

• Limit excessive processing times by establishing a presumption that state and local governments have effectively prohibited the provision of wireline telecommunications services if they do not process authorization applications within 120 days; 
• Limit fees to a reasonable approximation of the government’s actual, direct costs of managing the rights-of-way with respect to a particular authorization application and establish safe harbor fee levels; 
• Count in-kind compensation demanded by state and local governments toward any safe harbor fee levels; and, 
• Prohibit the imposition of additional requirements on wireline telecommunications infrastructure deployments on the grounds that they may also be used to provide other services.