Cities in California and Illinois Challenge FCC’s Preemptive Reforms

WASHINGTON, Nov. 26, 2025 - California and Illinois local governments urged the Federal Communications Commission to withdraw a proposed rule that would preempt state and municipal safety requirements for wireless networks, warning the change would favor rapid deployment at the expense of public protection in wildfire-prone regions.

The Rural County Representatives of California, California State Association of Counties, and League of California Cities filed joint comments saying the FCC lacked grounds to override state authority preserved under Section 253(b) of the Communications Act, a provision that allows states to still adopt rules if they are necessary to protect public safety and ensure service quality.

The groups said the agency’s plan would limit California’s ability to enforce safeguards in communities that have endured repeated catastrophic wildfires.

The groups defended California Public Utilities Commission resiliency standards which require wireless providers to maintain 72 hours of backup power in the state’s highest-risk fire zones. 

They also backed wireless service that often fails during evacuation orders and emergency operations and argued that industry complaints portraying the backup-power mandate as a deployment barrier as “disingenuous.”

The coalition also opposed accelerated timelines and deemed-granted provisions that would automatically approve applications after set deadlines. They said local governments, not providers, would bear the consequences of incomplete or flawed reviews.

Pushback came from two coastal cities in North San Diego County. Encinitas, Calif., saying the FCC plan would eliminate public hearings, restrict independent verification of radiofrequency compliance, and force automatic approvals after 150 days regardless of community objections. 

Carlsbad, Calif., defended its wireless siting guidelines and said its concealment and design rules were consistent with Section 332 of the Telecommunications Act, a provision reserving local authority over zoning decisions for wireless facilities.

The Village of Schaumburg, Illinois, said most deployment delays occur when wireless applicants submit incomplete designs or overlook existing utilities, not because of local review. 

The municipality noted that construction setbacks often arise when contractors misjudge pole conditions or need redesigns in the field. Schaumburg opposed applying small-cell deadlines and fee caps to larger macro towers, saying those facilities require more extensive safety and engineering review, including structural checks and federal aviation considerations.