A new bill introduced in the U.S. Congress, H.R. 2289, would dramatically reduce the ability of cities and counties to properly oversee wireless, telecommunications—while granting sweeping advantages to industry. The bill rewrites federal law to override local authority, tighten shot clocks, cap fees and remove reviews under the National Environmental Policy Act and the National Historic Preservation Act for modifying cell towers and wireless sites.
“These bills represent an unprecedented federal intrusion into established local decision-making processes, favoring large broadband, telecommunications, wireless, and cable companies at the expense of residents and taxpayers. These bills strip local governments of the ability to effectively manage the infrastructure built on local streets and in neighborhoods, while imposing no reciprocal obligations on providers.”
The American Public Power Association of not-for-profit, community-owned utilities submitted a letter in opposition to H.R. 278 which is now included in the text of H.R. 2289 opposing the strict 90-day shot clocks, “deemed granted” approvals, unclear denial standards, and fee limitations. The Association is advocating to preserve local control of the pole attachment process for public power utilities.
The House Energy and Commerce (E & C) Committee held a full committee markup of fifteen bills, including H.R. 2289, on Wednesday, December 3, 2025, where H.R. 2289 and the related telecom-backed bills passed out of the House Committee with H.R. 2289 advancing 26–24. These bills now move to the full House, where leadership will decide when to schedule them for floor consideration. The next steps include placement on the House calendar, potential debate and amendments under a rule from the House Rules Committee, and then a final vote by the full chamber. If passed, the legislation would proceed to the Senate for further action.
Watch the earlier November 18 E &C Subcommittee meeting here.
Here’s What H.R. 2289 Would Do
1. Preemption of Local Control
The bill forces local governments to approve cell tower and wireless modification and expansion requests without adequate reviews despite historic impacts and health, environmental, and safety risks. Specifically, the bill applies to requests to modify or replace an existing wireless cell tower or base station antenna site.
2. Environmental and Historic Review Rollbacks
H.R. 2289 effectively removes review under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) for “eligible facilities requests,” allowing many modifications and expansions of existing wireless infrastructure to proceed without environmental and historic review.
Cell towers and wireless facilities impact the environment in numerous ways. As stated by former FCC lawyer and NEPA expert Erica Rosenberg in Environmental Procedures at the FCC: A Case Study in Corporate Capture, “the telecommunications industry leaves a significant environmental footprint: wetlands filled, viewsheds marred, cultural resources damaged, and habitat destroyed.” HB2289 would further exacerbate these impacts.
3. Missed Deadlines and Automatic Approvals
The bill imposes extremely short deadlines for processing cell tower and wireless facility applications and automatically approves (“deems granted”) applications if a city misses them. That means building, electrical, encroachment, environmental, and zoning reviews all must be completed within the same short window. Local governments cannot pause or slow applications, even during high-volume periods.
4. Limits on Local Fees
Cities and counties may charge only direct processing costs, not fair market rates or fees for long-term oversight or public impact.
5. Expanded Pre-emption for RF Health and Environmental Effects
The scientific evidence on cell tower health effects indicates that FCC limits do not protect human health or the environment from all impacts. Yet, HR 2289 does not fix the long-standing 1996 Telecom Act Section 704 federal “RF gag rule” that prevents local governments from considering the environmental or health effects of radiofrequency emissions when reviewing cell towers and wireless facilities. Instead, the HR. 2289 reaffirms and expands existing prohibitions on local governments.
Direct Quote from the H.R. 2289 (p. 15–16):
“No State or local government… may regulate the operation, placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions, to the extent that such facilities… comply with the Commission’s regulations.”
—H.R. 2289
What This Means:
The Bill states localities cannot consider cell tower RF radiation environmental impacts- which includes human health effects—as long as the wireless facility meets outdated FCC limits for allowable cell tower RF radiation exposure. This preemption applies to both placement and operation, eliminating one of the last remaining avenues for community control.
Essentially, it will force automatic approval of many wireless deployments without adequate review for harmful impacts. FCC limits have not been updated since 1996, and the FCC has still not complied with a federal court order to explain how they protect children or account for long-term exposure. Combined with the existing RF preemption in the Telecom Act, HR 2289 will leave communities with even fewer tools to protect environmentally sensitive areas or address health risks posed by cell antennas near homes and schools.
Opposition to Preemption by Local Governments
H.R. 2289 is essentially the same bill as H.R. 3357 that was proposed in 2023. It was halted due to widespread opposition, especially from local governments.
“As the level of government closest to the people, we oppose heavy-handed federal overreach into local land use, permitting, and franchise negotiation decisions. Congress has historically recognized these rights in Sections 224, 253, and 332 of the Telecommunications Act. These authorities are critical to conduct responsible stewardship of public property, protect public safety, and preserve the rights of residents as consumers of broadband services and neighbors to the infrastructure that makes connectivity possible.”
Watch the full House Committee Mark up December 3, 2025 here.