Congress expected to reintroduce local wireless and cable preemption bill

A federal bill, like one opposed by cities last year, to preempt local authority over wireless siting, rights of way management, and cable franchises is expected to be introduced in Congress soon. Cities should contact their Congressional delegation to provide information about the role of local government oversight in infrastructure deployment.

Last year’s proposal, H.R. 3557, the American Broadband Deployment Act of 2023, is part of a larger trend in "streamlining preemption” focused on eliminating local authority, franchising, and oversight over rights of way. H.R. 3557 preempted local coordination of infrastructure deployments in local rights of way, prevented the recovery of compensation for the use of public property, and waived historic preservation and environmental rules for broadband providers. The legislation also did not impose obligations on broadband companies to deploy infrastructure or provide services to unserved or underserved Americans. See last year’s letter from the National League of Cities and National Association of Telecommunications Officers and Advisors (NATOA) for more information: Joint Letter to House Leadership reiterating opposition to H.R. 3557.

New policy direction at the FCC may also mean further administrative proceedings aimed at limiting local government authority over broadband deployment.

Contact your Congressional delegation to share stories about successful deployments in your community and any barriers your community identified and eliminated. Communicate that local government leaders facilitate communications deployment and be prepared to counter incorrect claims that local governments impede successful broadband deployment.