Legislative Update March 2026: News from Trenton & Washington and FCC Legislation Changes – Copy

by Dave Garb, Legislative Committee Chair

Dangers of the American Broadband Deployment Act of 2025 (H.R. 2289)

Last November, a dangerous bill passed out of the Congressional House Energy and Commerce Subcommittee, titled the American Broadband Deployment Act of 2025 (H.R. 2289). H.R. 2289 gives telecommunication companies de facto power over local zoning laws:

• It provides no public safety protections for construction of “deemed granted” facilities. Sites will be constructed without any further action by the government, without notice to the local government.
• It strips local governments of the ability to ensure public safety, manage traffic, protect existing utilities and workers, and maintain fair competition, while imposing no reciprocal obligations on providers.
• It empowers providers to install facilities where they choose regardless of local zoning, thus eliminating the ability of local government to balance providers’ and neighbors’ interests.

Not only will local authorities have no control of the rights-of-way, but the franchise fees generated by them will also be impacted:

• Cable franchise renewals would be eliminated, thereby removing ability of state or local communities to enforce franchise obligations such as build-out, customer service, and PEG.
• Municipalities will lose hundreds of thousands of dollars annually and local programming that provides transparency to the local residents.

In an effort to make our leadership aware of the implications of this act, the Jersey Access Group created the following two videos about it:

• The first one, is a 3 minute video which details the harmful points of H.R. 2289

3 Minute Video on H.R. 2289 Via Dropbox

3 Minute Video on HR 2289 Via Youtube

HR 2289 PSA (on the TelVue Server)

• The second is a 1 minute overview of this act. 

1 Minute Video on HR 2289 via Dropbox

1 Minute Video on HR 2289 via Youtube

HR 2289 PSA 1 min (on the TelVue Server)

Please forward both these videos to your local, state and federal lawmakers to make everyone aware and informed of the dangers of H.R. 2289 to your local municipalities. Also, please consider airing them on your television channels and other means of communication, to make the members of your community informed as well.

Amazing News!

ADA Title II Web and Mobility Access Compliance to the WCAG 2.1 Level AA Rules

A One Year Extension!

From Mike Lynch, Leg/Reg Affairs, NATOA-National Association of Telecommunications Officers and Advisors:

A hearty congratulations and ‘job well done’ to our good friends at the National League of Cities (NLC) and National Association of Counties (NACo) for achieving a one-year extension on both deadlines for the DOJ’s web accessibility rules for state and local government.

Angelina Panettieri of NLC and Seamus Dowdall of NACo each led a team of folks through meetings with the Office of Management and Budget and the Department of Justice to plead and argue on fiscal and technical grounds for this extension.

See the NLC and NACo ex parte filings here:

https://www.reginfo.gov/public/do/viewEO12866Meeting?viewRule=true&rin=1190-AA82&meetingId=1326573&acronym=1190-DOJ/CRT

The Web Content Accessibility Guidelines (WCAG 2.1) compliance deadlines are now:

April 26, 2027, for localities >50,000 in population &

April 26, 2028, for localities <50,000 in population.

What this means for all of us now is that beginning on April 26, 2027, any video that is on government websites (or anywhere on the web) serving more than 50K residents, has to be ADA compliant by providing online communications that meet a minimum WCAG standard. These rules will also apply to all government’s websites with less then 50,000 residents beginning April 26, 2028.

A link to the notice of this extension can be found in the Federal Register at: https://www.federalregister.gov/documents/2026/04/20/2026-07663/extension-of-compliance-dates-for-nondiscrimination-on-the-basis-of-disability-accessibility-of-web. The DOJ is also seeking comments about the interim rule extending the deadlines.

From Mike Wassenaar, President, ACM-Alliance for Community Media:

This ruling still includes closed captioning for all VOD and live streaming that is online, and a descriptive audio track for pre-recorded video that will also be aired online.

A reminder for everyone: you should determine the costs for compliance with the new rule and plan either to meet the standards for your online presence or to make the case that compliance with one or more elements presents an undue burden. In either case, decision makers with local government need to be involved. Regardless of the Federal Government’s enforcement of the ADA, these rules can be enforced through private legal action, so local governments and non-profits would be subject to legal liability if they fail to act appropriately.

You are not exempt from ADA requirements. They require all non-profits and local governments to assess the costs of providing effective communication for residents. Solutions must be based on what residents need. You may not be required to provide that service if it fundamentally changes what you do, or it presents an undue economic burden. Guidelines are at https://www.ada.gov/resources/effective-communication/

If you provide captions, but they are not transmitted by a cable operator on your channels, tell the FCC as this is against the law. Email dro@fcc.org or use the link https://www.fcc.gov/consumers/guides/closed-captioning-television.

Mike Wassenaar and the ACM have shared a slideshow with us Accessibility Rules Every PEG Channel Should Understand that highlights everything you need to know about these rules, as well as the following list of key takeaways to remember about disability access with your channels and services.