LOC News
LOC Challenges FCC Right-of-Way Preemption
The LOC continues to engage with the Federal Communications Commission (FCC) in opposition to the agency’s ongoing effort to expand its authority and preempt state and local governments over managing telecommunications franchise agreements and local rights-of-way (ROW) access. The FCC is continuing to advance measures that would limit local control by imposing presumptive ROW permit application “shot clocks” and restricting ROW fees to cost recovery only.
The LOC participated in the FCC’s initial notice of inquiry (NOI) process in November 2025 and submitted comments raising concerns with the initial proposal. The FCC has elevated the NOI to an official notice of proposed rulemaking (NPRM), to which the LOC is again responding in opposition to the preemption. The LOC’s arguments revolve around the FCC’s lack of authority to impose the NPRM restrictions, and the lack of justified need for the federal rules. Oregon’s management of public rights-of-way has remained consistent for more than 100 years, specifically in relation to compliance with Section 253 of the Telecommunications Act of 1996, which expressly permits local governments to collect “competitively neutral” ROW fees and compensation. The LOC also maintains that competition among telecommunications providers has not been hindered by state or local ROW management practices.
LOC member cities that are interested in submitting comments that support the LOC’s NPRM response, please contact Greg Miller at the email address listed below. There are important parameters for cities to consider in their individual comments that are necessary to maintain future standing.
Contact: Greg Miller, Lobbyist – gmiller@orcities.org
Last Updated 9/11/2026