ACA Connects — an association representing about 500 independent broadband providers and municipalities — held a press briefing today announcing its intention to file comments with the Federal Communications Commission (FCC) on permitting and other issues, aimed at streamlining deployment of broadband infrastructure.
The comments respond to the FCC’s “Build America: Eliminating Barriers to Wireline Deployment” Notice of Inquiry, part of Chairman Brendan Carr’s broader effort to remove broadband buildout obstacles. ACA Connects is leveraging Section 253 of the Communications Act, which directs the FCC to preempt state and local requirements that prohibit or effectively prohibit telecommunications service.
According to two ACA Connects staff members — President and CEO Grant Spellmeyer and Senior Vice President of Legal and Regulatory Affairs Brian Hurley — the association’s members experience significant delays in obtaining construction permits from local governments, often with no explanation or timeline provided.
In one case, a provider faced an 18-month delay while a city pursued its own competing network project. Other providers have encountered restrictions limiting permit reviews to small geographic areas, resulting in months-long delays for routine upgrades.
To address these issues, ACA Connects recommends the FCC adopt “shot clocks” that require state and local agencies to act on complete permitting applications within reasonable timeframes.
Beyond delays, ACA Connects members are grappling with unexpected, excessive permitting fees. Some communities add inspection fees after permits are already granted, while others mandate construction requirements that deviate from standard industry practices. The organization argues these fees disproportionately affect smaller providers and discourage investment in underserved areas.
ACA Connects is urging the FCC to clarify that in-kind contributions — such as free conduit or fiber service to municipal buildings — should count toward fee calculations, and local governments cannot charge multiple access fees for cable and telecommunications services offered over the same network.
ACA Connects’ comments will also address excessive construction requirements, including mandates to build infrastructure far deeper underground than industry standards require, disproportionate performance bond demands, and overly broad indemnification clauses. In some cases, providers disturbing a small section of sidewalk are required to repave entire blocks or neighborhoods.
“Our members approach these as partnerships,” said Hurley. “They go to the city manager or relevant authority and want this to be productive. But unfortunately, that’s not always the case.”
ACA Connects also plans to ask the FCC to declare that state broadband rate regulation violates federal law. Citing New York’s Affordable Broadband Act — which requires providers to offer service at regulated rates of $15 to $20 per month — ACA Connects believes price controls discourage investment and network expansion.
ACA Connects referred to a study conducted with Cartesian, which found that even relatively modest rate regulation — such as a $30 monthly price limit — depresses investment in broadband networks, particularly in rural and sparsely populated areas.
With ACA Connects members having expanded broadband availability by nearly 50% over the past seven years using primarily private capital — according to Spellmeyer — the organization sees permitting reform as essential to maintaining that momentum. The group wants its members’ funds to go toward network investment rather than navigating permitting and construction obstacles.
The organization expects its comments to be filed with the FCC on November 17, assuming the federal government reopens following the shutdown.
“Day in, day out, the thing that will make the biggest difference to future deployment is how proceedings like this play out,” said Spellmeyer.
