The FCC is weighing new rules on how cities manage wireline permits in the right-of-way, with comments due September 21. Congress has funded the government through December 11 and shortened its pre-election House session. And a Commerce Department order is delaying Census ACS data releases many cities rely on.
FCC Wireline Deployment Proposal
The FCC is weighing new rules (WC Docket No. 25-253) that would impact city control over wireline telecom infrastructure in public rights-of-way.
Key Elements
- 120-day shot clock: cities presumed to have "effectively prohibited" service if authorizations aren't processed in time, potentially starting at first submission.
- Fee limits: local fees capped near actual direct costs; revenue-based and per-linear-foot fees especially at risk.
- In-kind compensation restrictions: items like spare conduit or dark fiber could count against fee caps.
- Commingled facilities rule: cities couldn't impose extra requirements just because fiber also carries broadband.
Why it Matters
ROW review involves real coordination — excavation, traffic control, inspections. A rigid federal timeline could strain staff, especially in smaller communities, and shift costs to local taxpayers.
Action Needed
Comments due September 21, 2026; reply comments due November 5, 2026, via the FCC's ECFS system (WC Docket No. 25-253). Local examples of permitting timelines, costs, and delays will make the strongest comments.
Government Funded Through December 11, House Session Shortened
President Trump signed a short-term continuing resolution on September 2, funding the government through December, averting a shutdown. The CR also paused an OMB grant-guidance rule change GMA and NLC have issued concerns with.
With the funding issue resolved, the House canceled its last two scheduled September session weeks. It will return September 14 for just one week before members head home. The Senate will stay in session through October 2. GMA encourages city officials to engage with their congressional delegation while they are home for an extended time this fall. GMA’s Federal Hometown Connection program can help schedule meetings, site visits, or other outreach. Contact GMA’s Milly McLoughlin for more information.
Census ACS Delay Could Hit Rural, Small Georgia Cities Hardest
A June 4 Commerce Department order limiting Census Bureau privacy protection methods has caused an indefinite delay in ACS 1-Year data, with 5-Year data and other products potentially affected as release dates approach. The Association of Public Data Users warns this could disproportionately affect data availability for rural and smaller-population communities.
Unlike the decennial census, ACS provides the annual demographic, economic, and housing data city rely on for planning, making this delay one to keep an eye on. NLC is spotlighting cities use ACS data as part of ACS Awareness Month.