On September 30, 2025, the FCC released a Notice of Proposed Rulemaking (“NPRM”) proposing new rules that would reform the deployment processes of wireless infrastructure. The Commission proposes to clarify rulings under Section 6409(a) of the Spectrum Act of 2012 related to wireless infrastructure deployment and seeks comment on state and local regulations that prohibit or have the effect of prohibiting deployment of wireless infrastructure facilities. The NPRM was adopted at the September Open Meeting.
The NPRM also seeks comment on further steps that the Commission should take under sections 253 and 332(c)(7) of the Communications Act to prevent state and local regulations from prohibiting the deployment of wireless infrastructure. Specifically, the Commission seeks comment on whether state and local regulations (1) inhibit the deployment of macro cell towers and other wireless facilities; (2) impose unreasonable delays of permitting approvals; (3) assess disproportionate or otherwise unreasonable fees; (4) condition approval on aesthetic or similar criteria; and (5) impose other regulatory impediments. The Commission also seeks comment on whether it should implement an accelerated process to resolve disputes between permitting authorities and siting applicants.
The following notable changes were made from the draft item:
- ¶ 27 – The FCC added an example inquiry about whether imposing new conditions is acceptable if a natural disaster alters the terrain where a facility was previously authorized.
- ¶ 28, fn. 66 – The FCC added a reference to CTIA’s ex parte highlighting ongoing issues with permit delays, generator replacement, and backup power affecting resiliency and public safety.
- ¶ 51, fn. 109 – The FCC expanded the footnote on gross revenue fees to (1) reframe language, (2) acknowledge localities removing such fees, and (3) cite ex partes from Lake Oswego/West Linn (updating the Commission on their removal of gross revenue fees) and WIA (identifying jurisdictions still imposing gross revenue fees).
- ¶ 51 – The FCC updated the “Gross Revenue Fees” section to include examples from additional jurisdictions.
- ¶ 57 – The FCC deleted the sentence and footnote citing district court cases interpreting section 332(c)(7)(B)(i)(I) regarding unreasonable discrimination.
- ¶ 65 – The FCC added an inquiry on whether new conditions may be imposed on previously approved facilities when natural disasters alter terrain.
- ¶ 74 – The FCC added questions on whether state/local limits on densification could hinder deployment of advanced technologies (beyond 5G, AI, 6G) and affect telecommunications services.
- ¶ 75, fn. 175 – The FCC added a CTIA ex parte reference urging Commission to consider how state/local broadband laws could impede AI development.
- ¶ 77 – The FCC added a request for commenters to provide legal theories on Commission authority under sections 253 and 332(c)(7) to preempt state/local AI regulations.
Comments on the NPRM’s proposals will be due 30 days after Federal Register publication and reply comments will be due 45 days after publication.
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