LOC News
LOC Challenges FCC Rulemaking
The LOC continues to engage with the Federal Communications Commission (FCC), including Commissioner Anna Gomez, in opposition to the agency’s ongoing effort to expand its authority and preempt state and local management of telecommunications rights-of-way (ROW). The FCC is considering regulations that would limit local control by imposing presumptive ROW permit application shot clocks and restricting ROW fees to cost recovery only.
Throughout the FCC’s Notice of Inquiry (NOI) process, the LOC has maintained a position that the proposed rules are unnecessary. Oregon’s management of public rights-of-way has remained consistent for more than 100 years, specifically in relation to 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.
FCC Commissioner Anna Gomez’s office contacted the LOC to discuss our arguments. Commissioner Gomez was especially interested in the point that the FCC lacks congressional authority to adopt the proposed rules because the proposal contradicts FCC's authority to do so under Section 253(c) of the Telecommunications Act. Congress made clear in the Act that local government ROW issues remain subject to congressional oversight and that, absent additional congressional guidance or law, disputes should be resolved through the courts rather than through FCC rulemaking.
The LOC will submit additional comments during the FCC Notice of Proposed Rulemaking (NPRM) process and will keep members informed as this issue progresses.
Contact: Greg Miller, Lobbyist – gmiller@orcities.org
Last Updated 7/17/2026
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