# Trump FCC wants to override local broadband rules

> Cities nationwide are fighting an FCC plan to strip them of authority over how internet providers deploy networks in their communities.
- Title: Trump FCC wants to override local broadband rules | Shortify
- Summary: Cities nationwide are fighting an FCC plan to strip them of authority over how internet providers deploy networks in their communities. The FCC is proposing…
- Keywords: fcc, broadband, local government, permitting, preemption, trump administration, cities, internet providers, public rights-of-way, net neutrality, brendan carr, section 253
- Source: Ars Technica — https://arstechnica.com/tech-policy/2026/09/cities-across-us-oppose-trump-fcc-plan-to-preempt-local-broadband-rules
- Published: 2026-09-22T20:38:30+00:00
- Read time: 3 min
- Topics: fcc, broadband, local government, permitting, preemption, trump administration, cities, internet providers, public rights-of-way, net neutrality, brendan carr, section 253
## FCC wants to override city broadband rules
The Trump FCC is proposing to preempt state and local permitting rules that govern how broadband providers deploy wired networks. The agency argues local governments excessively delay approvals and charge excessive fees.
## Cities say this removes public safety protections
Local governments told the FCC the plan is illegal and would override rules protecting public safety. They argue that coordinating infrastructure deployment in public roadways requires careful review, not arbitrary federal deadlines.

> Local permitting is not a barrier to broadband deployment, it is an essential public safety function protecting residents, taxpayers, and all users of finite, multi-tenant public rights-of-way.
## The FCC's 120-day deadline proposal
The FCC plan would require local governments to process all permits for broadband infrastructure within 120 days. It would also limit fees to the government's actual costs and restrict in-kind compensation demands.
## Cities point to federal standard of 270 days
Federal agencies like the Bureau of Land Management use a 270-day deadline for wireless and fiber permits on federal property, with no penalties for missing it. Cities argue the FCC's 120-day proposal is arbitrary and unrealistic.
## ISPs themselves delay deployments, cities say
Local governments argue that broadband providers are often the real problem. ISPs engage in permit-hoarding to block competitors, then fail to deploy networks even after getting local approval.
## Cities want ISPs to deploy within 180 days
Instead of preempting local rules, cities asked the FCC to require ISPs to deploy networks within 180 days of receiving local authorization. This would hold providers accountable for actual delays.
## Broadband providers support the FCC plan
Cable and telecom industry groups back the FCC proposal. Some want even shorter deadlines, with America's Communications Association suggesting 45 days for simple permits.
## FCC claims authority under Section 253
The FCC argues it has authority to preempt local rules under Section 253 of the Communications Act, which prohibits states and localities from blocking telecommunications services.
## But FCC previously said broadband isn't telecom
FCC Chairman Brendan Carr has long opposed regulating broadband as a telecommunications service. A 2025 appeals court ruled broadband is an information service, not telecom. Now Carr is using telecom authority to preempt local rules.
## Cities say FCC lacks legal authority
The League of California Cities and Minnesota cities argue the FCC cannot preempt local authority over public property and rights-of-way without clear congressional authorization. They note the FCC made similar failed attempts during Trump's first term.
## Democratic commissioner signals opposition
FCC Commissioner Anna Gomez said she would vote against the final proposal, questioning the FCC's authority under Section 253. She noted that cities and states lack resources to process permit requests as quickly as providers demand.

> I am dubious about the commission's authority under Section 253 to use rulemaking to preempt states and localities when it comes to their management of rights of way and fees charged to providers.
## Carr wants to incentivize faster ISP deployment
FCC Chairman Carr acknowledged cities face provider delays but proposed giving ISPs incentives to build faster rather than imposing new legal requirements on them.
## Cities could sue if FCC finalizes the plan
Reply comments are due November 5. If the FCC finalizes the preemption plan, city and state governments could challenge it in court, arguing the agency exceeded its legal authority.
## Key takeaway

The FCC is proposing to preempt local permitting rules with a 120-day deadline, but cities argue this removes essential public safety protections and ignores that ISPs themselves delay deployments.