By Sam Douglass
On Thursday, the Vermont Senate approved legislation to extend the state’s streamlined telecommunications permitting law for another three years. The reporter of the bill argued that the extension is necessary to comply with federal deadlines, avoid litigation, and avoid delays in expanding wireless service. This will be the seventh time that the sunset has been extended.
The bill, H.527, would extend the sunset date of 30 V.S.A. Section 248a by three years to 2029. The cited statute allows the Vermont Public Utility Commission to process cell tower and infrastructure applications quickly enough to meet federal “shot clock” standards established under the Federal Telecommunications Act of 1996. These standards require states and local governing bodies to act within “a reasonable period of time” on applications for siting wireless projects.
Sen. Thomas Chittenden (D-Chittenden Southeast), the reporter of the bill, explained that if the law expires on July 1, 2026 via the sunset, application decisions would revert to local zoning and Act 250 review, potentially slowing review of applications and missing the FCC standard. This would leave local review boards open to federal lawsuits.
Chittenden described Section 248a as a “dynamic evolving tool” that has been repeatedly revised since its creation in 2007. Prior extensions to the sunset added stronger municipal participation requirements, expanded local notice periods, and increased oversight by the Department of Public Service.
“Every few years, we extend the sunset so we can look under the hood and make sure our communities have a strong voice where infrastructure goes,” said Chittenden.
The seemingly pro forma extension of the sunset was criticized as onerous to municipalities and unresponsive to Vermonters by Annette Smith, executive director of Vermonters for a Clean Environment.
“I am beyond disappointed in this legislature’s failure to recognize the problems that are occurring in numerous areas of the state with a process that was never intended for public participation,” Smith told VDC. “The wealthy telecom interests have the ear of legislators, their lobbyists are ever-present, and we the people and small towns are not being respected.”
The Legislature should empower citizens to participate more fully by making the projects subject to Act 250 review, Smith said.
An amendment offered by the Senate Finance Committee H.527 would require mandatory public meetings for larger telecommunications projects during the 60-day municipal notice period. Smaller or “de minimis” projects would remain exempt. Chittenden defined these small exempt projects as upgrades or repairs to existing equipment.
Chittenden explained that this change shifts more responsibility onto cell tower developers to engage directly with communities. This could have an impact on some communities in Vermont and expand the public review process for such sites.
For instance, this past year residents in the Northeast Kingdom town of Westmore rallied against the siting of a telecommunications tower alongside the scenic Lake Willoughby. Many other Vermont towns including Manchester and Pownal have also seen public pushback on siting towers.
Smith argues the bill improperly places responsibility on towns to hold meetings during the advance notice phase rather than requiring developers to organize and publicize them.
The bill passed on a voice vote and will return to the House for their consideration.
Information for In Committee news reports are sourced from GoldenDomeVt.com and the General Assembly website. Generative AI has not been used in the writing of this story.