Illinois Court Tosses Local Application Fees for Broadband Projects
A judge ruled the fees were prohibited under state law.
Sept. 29, 2025 – An Illinois court ruled last week that cities in Illinois can’t charge broadband providers to use public rights-of-way.
Illinois Circuit Court Judge Christopher Reif ruled that the Waverly, Illinois policy of levying application fees as part of the rights-of-way permitting process violated a state law called the Telecommunications Infrastructure Maintenance Fee Act.
“The Act unambiguously prohibits municipalities from imposing fees or charges for the use of a public right-of-way,” he wrote in a Sept. 24 order. “The Court hereby invalidates the City's ordinances establishing the application fee and further enjoins the City from enforcing, requiring, assessing, or collecting the application fee.”
Member discussion