FCC Eases NEPA Permitting Requirements

The National Environmental Policy Act (NEPA) of 1969 was enacted to “encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare or man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.”  All federal agencies have oversight over NEPA regulations within their purview, including the Federal Communications Commission (FCC) which determined that some NEPA regulations created delays for critical infrastructure permitting.

This concern led to the FCC’s adoption of a Report and Order and Further Notice of Proposed Rulemaking Modernizing the Commission’s National Environmental Policy Act Rules (FRNPM) on September 30, 2026.

The FNPRM cuts through outdated and unnecessary burdens that have slowed telecommunications deployment by aligning the agency’s NEPA rules with current law and recent judicial precedents, establishing bright-line rules that independently operate from each other, and clarifying when certain actions fall outside NEPA applicability.  The FPRM also allows the FCC to make further inquiry into the applicability of National Historic Preservation Act regulations to determine if they also need review and revision.

Citizens Against Government Waste President Tom Schatz made the following statement regarding the FCC’s action, “The Federal Communications Commission (FCC) continues to eliminate outdated and unnecessary regulations that will improve the efficiency of broadband and wireless communications deployment.  The FCC’s clarification of the extent to which the agency’s actions are subject to National Environmental Protection Act (NEPA) requirements will expedite the permitting process.  This is a particularly important proceeding as broadband permitting requests begin to be submitted through the BEAD program.”

The proceeding was adopted by the FCC with Chairman Carr and Commissioner Olivia Trusty approving, and Commissioner Gomez approving in part and dissenting in part.  The FPRNM will speed up permitting, which is critical to the efficient and successful deployments of funds from the National Telecommunications and Information Administration’s Broadband Equity Access and Deployment program which will help state governments to close the digital divide in unserved and underserved communities nationwide.