On September 18, 2025, the U.S. Small Business Administration Office of Advocacy submitted comments to the Federal Communications Commission (FCC) on its proposed Modernizing the Commission’s National Environmental Policy Act (NEPA) Rules.
The FCC’s proposed rule sought input from the public on how to better refine and streamline their NEPA process, how to define what triggers NEPA reviews, and whether new NEPA exceptions are necessary. On September 4, 2025, Advocacy held a roundtable with small entity stakeholders to solicit feedback on the FCC’s proposed NEPA rule. Advocacy’s comment letter recommended the following improvements to FCC’s NEPA process:
- Creating a “lead agency” designation for when any project involves multiple federal agency NEPA reviews.
- Enforceable and firm timelines for NEPA to provide clarity and certainty for construction projects.
- Narrowing the definition of “major federal action,” which triggers NEPA reviews, to only projects where the FCC has sufficient control over the construction and exclude geographic area licensing.
- Additional categorical exclusions from NEPA reviews would reduce regular non-impactful construction projects. Advocacy requests the addition of small cell sites, collocations on towers, and laying fiber in existing corridors as categorical exclusions.
COMMENT LETTER
Modernizing the Commission’s National Environmental Policy Act
(PDF, 232KB)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TAG(S): FCC