An Illinois circuit court held that a municipal permit application fee for a building permit to deploy fiber optic infrastructure violates Section 30(a) of the Telecommunications Infrastructure Maintenance Fee Act, invalidated the ordinances establishing the fee, and enjoined the municipality from enforcing or collecting it. This result, brought by The CommLaw Group, reinforces that municipalities in Illinois may not impose new charges for use of public rights-of-way on telecommunications retailers, including so-called cost-recovery fees tied to regulating use of the right-of-way.
What happened
In MCC Network Services, LLC v. City of Waverly, the Circuit Court of the Seventh Judicial Circuit, Morgan County, found that the City’s permit application fee violated Section 30(a) of the Telecommunications Infrastructure Maintenance Fee Act (35 ILCS 635/30, “Act”) and enjoined the City from enforcing, requiring, assessing, or collecting the fee (Case No. 2025 MR9, Order filed Sept. 24, 2025). The court concluded that Section 30(a) “unambiguously prohibits municipalities from imposing fees or charges for the use of a public right-of-way,” including charges “for the recovery of reasonable costs of regulating the use of public rights-of-way,” and therefore invalidated the ordinances establishing the application fee. The court also agreed that Section 30(a)’s legislative history, including the Public Act 92-526, established a single municipally imposed Simplified Telecommunications Tax and repealed the prior taxing system to simplify municipal telecom taxation and reduce burdens, supporting its conclusion that new right-of-way fees are prohibited.
This matter was successfully handled by The CommLaw Group’s team: Jane Wagner, Diana James, and Fusheng Zhou.
What Section 30(a) says
Section 30(a) of the Act provides that “no new franchise fees or other charges for the use of the public rights-of-way, including charges for the recovery of reasonable costs of regulating the use of the public rights-of-way, shall be imposed” on telecommunications retailers by municipalities. The statute goes on to outlaw “any other new charges … from telecommunications retailers by municipalities,” but simultaneously preserves generally applicable construction standards and taxes.
Why it matters
This ruling provides powerful support for challenging municipal fees, including permit application and regulatory cost-recovery fees. Providers deploying fiber and other telecommunications facilities in Illinois can rely on the court’s reasoning and the statute’s plain language to seek removal of such barriers to right-of-way access and construction. Similar or complementary arguments may be made under the federal Communications Act and under the laws of other states.
FCC momentum
The decision aligns with Congress’s and the Federal Communications Commission’s (“FCC”) deregulatory policies to encourage the rapid development and deployment of new technologies and recent FCC actions to accelerate broadband deployment, including the July 2025 Fifth Report and Order in WC Docket No. 17‑84 establishing defined timelines for Large Order pole attachment requests, improving self-help rights, requiring acceptance of bulk applications, and expediting contractor approvals. In addition, the FCC is exploring whether access mandates should extend to light poles and other facilities, signaling further efforts to reduce deployment friction points.
Practical takeaways
- Evaluate municipal “application” or “permitting” fees that attach to use of public rights-of-way for telecommunications deployment, as such charges may be precluded by applicable federal or state law.
- Leverage the FCC’s updated pole attachment timelines, self‑help mechanisms, and contractor-approval requirements to keep projects on schedule and minimize make‑ready delays.
How we can help
The CommLaw Group maintains a strong track record of securing land rights and eliminating unlawful barriers to fiber deployment through targeted litigation and negotiated solutions. We have successfully assisted clients in obtaining and defending right‑of‑way access for telecom infrastructure, including strategic permitting, easement negotiation, and litigation when necessary.
Our firm also supports infrastructure grant strategies and applications alongside deployment planning. Learn more about our Broadband & Telecom Infrastructure practice today!
For questions about this advisory or to obtain a copy of the Judge’s Order, please contact Jonathan S. Marashlian at jsm@commlawgroup.com.