FCC Updates Regulations on Wireless Telecommunication Infrastructure

The Federal Communications Commission (FCC) has agreed to launch a new rulemaking on wireless telecommunication infrastructure and cell towers.

The new rule will likely address state and local regulations. According to an FCC statement on the forthcoming rule, the aim will be to "supercharge the deployment, densification, and upgrading of wireless networks and, where necessary, clarify that state and local restrictions cannot unlawfully block 5G or soon, 6G deployment."

FCC Proposes Accelerated Wireless Permitting Rules

The FCC is considering an approach to accelerated permitting that they are dubbing a "rocket docket." The rulemaking will build on the FCC's 2018 action on small cell infrastructure, suggesting the likelihood of new preemptions and "shot clocks" to speed decision-making. The rule will, according to the agency, further clarify standards under the small cell rule and whether further preemption of state and local regulations is necessary under the Telecommunications Act and the 2012 Spectrum Act.

The approved Notice of Proposed Rulemaking addresses "state and local limits on deployment of macro cell towers and other wireless facilities, imposition of unreasonable delays or fees, conditioning of approval on aesthetic or similar criteria, and other impediments to building."

The launch of the comment period was supported unanimously by the commissioners. Following a short comment period, the FCC will move forward with a proposed rule. The action comes as the Trump administration has been evaluating broadband programs begun under the Biden administration, including the Broadband Equity, Access, and Deployment program (BEAD).

States have already been required to resubmit their BEAD plans to the U.S. Commerce Department's National Telecommunications and Information Administration (NTIA). Revisions are nearly complete, with 51 states and territories having already resubmitted their plans.

NTIA officials argue that the previous approach to BEAD funding was delayed and projected costs increased due to Biden-era standards on climate change, labor provisions, and technology preferences. The actions of NTIA and the FCC suggest the Trump administration will focus on deregulation, permitting, and cost reductions. Planners can expect new scrutiny of plans, codes, and processes related to wireless infrastructure and the possibility of expanded federal mandates.