The Federal Communications Commission recently announced it will consider adopting a Notice of Proposed Rulemaking (NPRM) that “proposes to adopt presumptions that would limit the authorization processing timelines and fees that state and local governments may impose” using Section 253 of the Telecommunications Act of 1996.
The NPRM was issued in the docket, “Build America: Eliminating Barriers to Wireline Deployments,” (WC Docket No. 25-253) at its June 25 open meeting.
APPA said it is reviewing the NPRM and will keep members updated on next steps.
Upon initial review, APPA’s counsel identified paragraphs 57 and 58, beginning on page 32 of the NPRM, as the most concerning parts of the proposal.
If the NPRM is adopted at the June 25 open meeting, comments would be due 45 days after publication in the Federal Register and reply comments would be due 90 days after publication.
APPA estimates that the comment due date will be in mid-August and the reply comment deadline will follow at the end of September or beginning of October.
This action follows a Notice of Inquiry from the FCC in the same docket, issued last fall, that sought comment on the agency’s intent to review the approval process, timelines, and fees for deploying wireline telecommunications services using publicly owned infrastructure.
APPA submitted comments last November and reply comments in December, challenging the FCC’s authority to regulate pole attachment rates and processes for public power utilities, given the municipal exemption from federal pole attachment regulations under section 224 of the Communications Act.
APPA argues that Section 253 covers only government entities acting in a regulatory capacity, and that public power utilities do not act in a regulatory capacity when processing pole attachment requests, they act as market participants with the same siting and permitting requirements as privately-owned entities.
