The Federal Communications Commission has proposed treating a state or local government's failure to process all approvals required for a wireline telecommunications deployment within 120 days as presumptively violating Section 253 of the Communications Act. The proposal covers permits, franchises, right-of-way agreements, road-closure approvals, and other authorizations required for a particular deployment.

The FCC's proposal would also:

• Limit authorization fees to a reasonable approximation of the government's direct right-of-way-management costs;
• Establish presumptively lawful fee safe harbors for municipalities;
• Count required in-kind contributions toward applicable fee limits; and
• Prevent local governments from imposing additional conditions merely because infrastructure could support services beyond telecommunications.

The proposal was filed for Federal Register publication on August 7, 2026. Comments are due 45 days after publication; reply comments are due 90 days after publication. Parties should verify exact dates against the published Federal Register notice before calculating deadlines.

For telecommunications developers, fiber operators, infrastructure funds, utilities, and construction contractors: The proposal would provide stronger grounds to challenge prolonged permitting timelines and excessive municipal charges. Parties currently facing permitting delays should document the timeline and costs of each required authorization in anticipation of potential enforcement or litigation.

For municipalities: Local governments should document actual permitting costs and review franchise agreements, right-of-way requirements, and in-kind contribution policies to ensure alignment with the proposed framework.

For project contracts: Agreements should continue to account for litigation and implementation risk because this remains a proposal. Until final rules take effect, existing legal standards govern. Counsel should monitor the rulemaking docket and advise clients on comment opportunities.

The FCC document referenced above is a Federal Register public-inspection version scheduled for publication on August 7, 2026. The published version should be checked before calculating formal filing deadlines.

This update is prepared by ULF NEW YORK for informational purposes only and does not constitute legal advice. Readers should consult qualified counsel regarding specific transactions or compliance obligations.