Tag Archives: rights of way

Bipartisan bill to fast-track broadband expansion by smoothing access to rights of way

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Senator Blackburn’s website reports…

U.S. Senators Marsha Blackburn (R-Tenn.) and Ben Ray Luján (D-N.M.) introduced the bipartisan Broadband and Telecommunications RAIL Act that would streamline the process to deploy telecommunications and broadband equipment in public and railroad rights-of-way. Rights-of-way are the corridors alongside public roads and railroad tracks where utilities can install infrastructure.

“Access to reliable, high-speed telecommunications and broadband is a necessity for working families, schools, and businesses,” said Senator Blackburn. “The Broadband and Telecommunications RAIL Act would cut red tape to streamline the installation of telecommunications and broadband equipment in public and railroad rights-of-way, expanding essential connectivity for rural communities in Tennessee and across America.

“I’m proud to introduce legislation that will make it easier to expand broadband in rural and Tribal communities across New Mexico. Expanding broadband access strengthens local economies and opens the door to better education, job opportunities, and health care,” said Senator Luján, Ranking Member of Commerce Subcommittee on Telecommunications and Media. “With nearly 2,000 miles of freight rail across our state, this bill streamlines broadband construction along rail corridors to help connect regions that have long been underserved.”

The FCC and Congress make moves to streamline broadband permitting at federal level

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State Scoop reports…

The Federal Communications Commission and Congress are considering reforms to numerous broadband permitting processes across the country, with the aim of accelerating deployment. Most changes would potentially preempt state and local government rules.

The House Energy Subcommittee on Communications and Technology on Tuesday heard amendments and marked up 28 bills that would streamline broadband permitting, passing several Republican-led measures to rollback regulations.

And the FCC this week has formally kicked off consideration of new measures to reform broadband permitting. That process includes public comments solicited through a notice of inquiry published in September. The agency’s deadline for initial comments passed on Monday, and reply comments are due in mid-December.

Both efforts follow frustrations over the last several years with the broadband infrastructure permitting process, magnified by billions of dollars of federal investment across the states. The Biden administration created a number of federal broadband programs to expand access to high-speed, broadband internet through the former president’s Internet for All initiative, which was created by the $1.2 trillion Infrastructure Investment and Jobs Act of 2021.

The article goes on to explain the impact on some proposed changes on state and local role…

Following roll call votes, the subcommittee voted favorably on seven bills, sending them to the full committee for consideration, including one that would set “shot clocks” for permitting, giving state and local agencies 150 days to approve or deny new construction permits, and 90 days to respond to permit applications to modify existing broadband infrastructure. Requests that don’t receive responses within those timeframes would be automatically approved.

The FCC is looking for comments about Cottage Grove’s rights of way contract with one provider

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I’m offering two chapters of an ongoing story of Cottage Grove working for better broadband. The FCC is looking for comments on Cottage Grove, Minnesota’s contact that allows exclusive access to rights of way for broadband deployment for a period of time…

Comments Due: September 12, 2025

Reply Comments Due: October 14, 2025

The Wireline Competition Bureau seeks comment on a petition for preemption and declaratory ruling filed pursuant to section 253(d) of the Communications Act (Act).1 The petition was filed on August 6, 2025 by BIF IV Intrepid OpCo LLC (Intrepid)2 and asks the Commission to preempt a contract that the city of Cottage Grove, Minnesota (the City) has entered with another provider to deploy fiber optic infrastructure in the City.3 The petition states that the City entered the contract after issuing a Request for Proposal4 stating that “the City will not issue future right of way permits for broadband projects for at least five years” after reaching an agreement, thereby providing “the chosen broadband partner(s) exclusive rights to access the assigned rights of way for broadband services to serve the City of Cottage Grove until at least 2030.”5 Intrepid states that, due to the award of an exclusive contract to another provider, permit applications that it submitted to expand its fiber optic telecommunications network to the City are now being denied.6

Interested parties may file comments or oppositions to the Intrepid Petition on or before September 12, 2025 and reply comments on or before October 14, 2025. All filings addressing the Intrepid Petition must reference WC Docket No. 25-248.

  • Electronic Filers: Comments and oppositions may be filed electronically using the Internet by accessing the Commission’s Electronic Comment Filing System (ECFS): www.fcc.gov/ecfs.
  • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.

o Filings can be sent by hand or messenger delivery, by commercial courier, or by the U.S. Postal Service. All filings must be addressed to the Secretary, Office of the Secretary, Federal Communications Commission.

o Hand-delivered or messenger-delivered paper filings for the Commission’s Secretary are accepted between 8:00 a.m. and 4:00 p.m. by the FCC’s mailing contractor at 9050 Junction Drive, Annapolis Junction, MD 20701. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

o Commercial courier deliveries (any deliveries not by the U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.

o Filings sent by U.S. Postal Service First-Class Mail, Priority Mail, and Priority Mail Express must be sent to 45 L Street NE, Washington, DC 20554.

People with Disabilities. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530.

Ex Parte Rules. The proceeding this Notice initiates shall be treated as “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.8 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in these proceedings should familiarize themselves with the Commission’s ex parte rules.

For further information, please contact Elizabeth Drogula, Competition Policy Division, Wireline Competition Bureau, at (202) 418-1591 or via e-mail at Elizabeth.Drogula@fcc.gov

For background, Cottage Grove is working with Gateway Fiber to deploy in their community. (I shared that announcement in July.) They posted an RFP. In March 2025, they answered clarifying questions concerning the RFP, including questions on the rights of way…

Question: With respect to 47 U.S. Code § 253 – Removal of barriers to entry – No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service – and Minnesota State Statute 237.163 – USE AND REGULATION OF PUBLIC RIGHT-OF-WAY, Subdivisions 1-4 – this RFP seems to be in conflict with both. Can you clarify the guidance you are following that deems this RFP in compliance with both regulations?

Answer: 47 U.S. Code § 253, or Chapter 5 of Title 47: Telecommunications, is not applicable here as it applies to wire or radio communications. Broadband is governed under Chapter 12 of Title 47 (47 U.S. Code § 1301-1308). The federal regulations governing broadband to do not prohibit the City from regulating their public rights-of-way.

Municipalities have several legal rights when it comes to managing or restricting access to public rights-of-way (ROW) for broadband companies. These rights are typically established under federal, state, and local laws.

The City of Cottage Grove is not attempting to restrict or prohibit access to public rights-of-way for broadband companies. The City has simply implemented a fair and efficient manner in which to regulate and manage the installation and maintenance of broadband services through their Request for Proposals. The City’s primary goal is to provide sufficient broadband to each area of the City in an efficient and orderly manner – taking into account the limited space within the public rights-of-ways and the access needs of the community during construction.

Under Minn. Stat. 237.163, a local government is specifically authorized to manage and regulate the use of public rights of way. The legislature found it necessary to give local governments this authority because of the potential for installation by broadband companies of multiple and competing facilities within the public rights-of-way. Therefore, a local government may exercise the option to regulate the use of public rights-of-way so long as the regulation is carried out in a fair, efficient, competitively neutral, and substantially uniform manner. The City of Cottage Grove has chosen to exercise this option and manage the public rights-of-way pursuant to Cottage Grove City Code § 7-6-2.

The City’s authority to regulate the use of public rights-of-way is further iterated in Minn. Stat. § 116J.399, Subd. 8 which states “the placement of broadband infrastructure to provide broadband service . . . is subject to local government permitting the right-of-way management authority under section 237.163, and must be coordinated with the relevant local government unit . . .”

In summary, Minnesota municipalities have well-defined rights and responsibilities authorizing them to manage public rights-of-way concerning broadband companies. This authority is balanced with obligations to ensure non-discriminatory practices and to facilitate the deployment of broadband services for the public benefit.

FCC takes action to remove barriers to broadband deployment and investment

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The FCC reports…

The Federal Communications Commission today approved updates to its pole attachment rules that will make it easier and faster to deploy broadband networks.  This action supports Chairman Carr’s Build America Agenda objective to unleash high-speed infrastructure and get America building again.

The FCC’s pole attachment rules prescribe processes and timelines that attachers and pole owners must follow when telecom crews attach communications infrastructure to those poles.  Increased funding for broadband projects has led to extensive new deployments in recent years, resulting in a significant increase in attachment applications for large numbers of utility poles.

For too long, a lack of standard rules and timelines for processing large broadband deployment orders have slowed rollouts and led to costly disputes.  By encouraging communications companies and pole owners to collaborate on larger broadband deployments and by providing more concrete timelines, today’s action will remove barriers to deployment, encourage investment, and help achieve high-speed broadband availability for all Americans, consistent with the spirit and intent of Section 224.

In December 2023, the Commission adopted the Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking in which it took steps to make the pole attachment process faster, more transparent, and more cost-effective and sought comment on additional actions it could take to prevent delays and other challenges to broadband deployment. Today’s actions move these proposals forward.  Today’s item will also seek comment on whether light poles are covered by Section 224 of the Communications Act.

Action by the Commission July 24, 2025 by Fifth Report and Order, Fourth Further Notice of Proposed Rulemaking, and Orders on Reconsideration (FCC 25-38).  Chairman Carr, Commissioners Gomez and Trusty approving.  Chairman Carr and Commissioner Trusty issuing separate statements.