The first big issue of 2026 began on September 30, 2025, when the FCC released a Notice of Proposed Rulemaking (Notice) in Docket 25-276 seeking industry comments on ways it could accelerate the buildout of wireline infrastructure including cell phone towers.
According to the Commission, it plans on updating its rules to “supercharge the deployment, densification, and upgrading of wireless networks and, where necessary, clarify that state and local restrictions cannot unlawfully block 5G or soon, 6G deployment.” The proposal sought industry comments on processes to expedite the resolution of lengthy permitting disputes between companies and state and local authorities, including possibly initiating a “rocket docket” process.
Too often still, state and local regulations inhibit the installation and modernization of wireless networks, resulting in an effective prohibition of 5G wireless services. This rulemaking will consider further clarification of the FCC’s small cell deployment rules and if or when further preemption of specific state and local regulations is necessary to ensure compliance with the Telecommunications Act. The Notice specifically asks about state and local limits on deployment of macro cell towers and other wireless facilities, imposition of unreasonable delays or fees, conditioning of approval on aesthetic or similar criteria, and other impediments to building. (FCC News Release, September 30, 2025).
The Notice concentrated on two main issues. First, the agency attempted to clarify the meaning of “concealment elements,” which are used by builders to minimize the visual impact of towers and other wireless infrastructure, and to codify these clarifications in section 1.6100 of the Commission’s rules. Second, the Commission proposed to take further steps to ensure that state and local permitting regulations do not prohibit or have the effect of prohibiting the deployment of wireless infrastructure facilities resulting in an effective prohibition of 5G wireless service. Specifically, the Commission proposed to preempt state and local laws that:
Inhibit the deployment of macro cell towers and other wireless facilities;
Impose unreasonable delays of permitting approvals;
Assess disproportionate or otherwise unreasonable fees;
Condition approval on aesthetic or similar criteria; and
Impose other regulatory impediments in violation of the Telecommunications Act and Commission rules.
While the proposals have been applauded by wireless providers, the proposed changes have been vociferously opposed by state and local authorities backed by thousands of individuals claiming this really about stripping local rights. A typical canned comment states:
I strongly urge you not to allow adoption of the FCC’s proposed rules in Docket 25-276, misleadingly titled “Build America: Eliminating Barriers to Wireless Deployments.” This initiative is not about “building America” — it is about stripping away local rights, eliminating public participation, and giving the wireless industry near-total control over the placement of cell towers. If adopted, these rules would: Force automatic approval of towers after 150 days, even if there is strong community opposition. Block local governments from requiring independent experts to verify FCC radiation compliance, leaving the industry to self-certify. Eliminate vital community protections by prohibiting consideration of aesthetics, property values, and historic preservation. Undermine property rights by driving down home values without recourse or compensation. Silence residents by removing public hearings, conditional and special use permits, and local decision-making. These rules would allow towers to be placed virtually anywhere, with no say from the people who must live with them. This is unacceptable. I respectfully call on both the FCC and Congress to reject these rules and preserve the authority of local governments to protect the health, safety, and character of their communities. (Comments of Mary Stephens, November 13, 2025).
Similar to the panic ginned up in the Net Neutrality proceeding, the FCC is unlikely to be impacted by negative public comments. Therefore, it is likely an order preempting state and local wireless infrastructures rules will be coming soon. It is also likely that the fate of this proceeding will ultimately be decided by the courts.
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