FCC Proposes New Rules to Streamline Permitting for Deployment of Broadband in Public Rights-Of-Way—What You Need to Know

August 25, 2026

The Federal Communications Commission’s (“FCC”)  record shows that while many state and local governments have implemented efficient permitting processes for access to and use of public rights-of-way (“ROWs”), others impose requirements causing deployments to be scaled back or abandoned due to excessive delays, fees, or other onerous conditions.

The FCC has released a Notice of Proposed Rulemaking (“NPRM”) aimed at curtailing state and local requirements that constrain the deployment of modern high-speed wireline infrastructure used for broadband and other advanced services. Adopted in a bipartisan vote, the proposed rules are part of the FCC's "Build America" agenda.

The NPRM proposes rules in four key areas: deadlines for processing ROW authorization requests; limitations on fees charged by state and local governments; in-kind compensation demands; and requirements affecting wireline infrastructure that may also carry broadband or other services. Cahill's client alert examines the NPRM, the FCC's full legal authority and the potential implications to wireline infrastructure deployment.

For more information, read our full client alert.