United States of America: Federal Communications Commission opened consultation in inquiry on provisions concerning preemption of state artificial intelligence laws

On 17 November 2025, the Federal Communications Commission (FCC) opened a consultation on an inquiry into the preemption of state artificial intelligence laws until 17 December 2025. The inquiry explores whether any state and local permitting rules, fees, and delays that may obstruct the deployment of modern wireline telecommunications infrastructure may be preempted by the FCC under the Communications Act. Specifically, p. 53 of the inquiry requested public comment on whether the FCC should consider whether state or local laws governing AI may prohibit the provision of wireline telecommunications services. Under section 253(a) of the Act, state and local governments may not prohibit entities from providing intra- or inter-state telecommunications services, and section 253(d) enables the FCC to preempt state and local statutes or regulations if it determines that they establish such a prohibition.