A Regulatory Compliance Perspective
We’ve been here before. In 2013, a government shutdown lasted 16 days, and in 2019, there was a 34-day shutdown. However, the recent shutdown, which began on October 1st, finally ended this week after 43 days. No big deal, right? The government will reopen, and things will get back to normal. Maybe—but not in the timeline or manner you might expect.
If you work in the infrastructure deployment space, you already know that compliance with federal regulations is required for new telecom facilities and even for many modification projects. For seven weeks, virtually no movement has been possible on several key components of regulatory compliance. This was due not only to federal staff being furloughed but also to many online federal systems going offline entirely during the shutdown.
Before diving into agency-specific details, here’s the big picture: every regulatory step that relies on federal review, tribal outreach, environmental assessment, or system-based submission has experienced a minimum 43-day delay—and in some cases, much more.
How Will This Impact Telecom Deployments?
FCC Shot Clocks, Tribal Review, and System Outages
The single biggest FCC-related delay comes from Tribal Consultation. The FCC requires a consultation process with Native American Tribes, and normally there’s a defined shot clock for these reviews. However, the shot clock has been paused since October 1st, and no new filings could be completed using the FCC’s Tribal Consultation Notification System (TCNS).
That means your deployment project has already been delayed by at least 43 days.
SHPO Reviews on Hold in Many States
Several State Historic Preservation Offices (SHPOs) have refused to accept new submissions or review existing submissions – primarily in cases where that SHPO has adopted use of the FCC’s online E-106 system. Even in states where the SHPO was still reviewing submissions outside of E-106, any disagreement or lack of response could not be escalated to the FCC for resolution.
Environmental Assessments Stalled at the FCC
For proposed projects with potential environmental impacts that require submittal to the FCC, Environmental Assessments (EAs) have been sitting on someone’s desk waiting for review. If a public notice has not yet been published for your project, you’re looking at at least 30 days after reopening before you can move forward.
USFWS Reviews and IPaC Access
Consultation with U.S. Fish & Wildlife Service (USFWS) on potential impacts to endangered species was not accessible during the shutdown. Since USFWS has no shot clock, predicting when your project will be reviewed is anyone’s guess. Adding to delays, the USFWS’ Information for Planning and Consultation (IPaC) system was not fully active during the shutdown, making it nearly impossible to document that certain projects were exempt from USFWS review.
ACOE Jurisdictional Determinations Delayed
Are wetlands on or proximate to your project site? Well, Army Corps of Engineers (ACOE) Jurisdictional Determinations and permitting have been on hold. The ACOE also has no shot clock, so delays may extend well beyond the shutdown period.
FAA Filings Paused Mid-Shutdown
At the FAA, new filings for Determinations of No Hazard to Air Navigation (DNH) were briefly accepted after the shutdown began, but that changed quickly. For most of the shutdown, no new filings were possible through the online portal or otherwise. Existing filings were reviewed sporadically, and timelines remain uncertain.
Projects on Federal Land: Additional Delays
Projects on federal land—where a federal agency other than the FCC has “lead agency” status (e.g., Bureau of Land Management, U.S. Forest Service, Bureau of Indian Affairs, Department of Defense)—saw consultation grind to a halt. Shot clocks do not apply in these cases, so these timelines may stretch even longer.
What Happens Now?
As the government reopens, things will get back to normal… at some point.
2025 is different from past shutdowns. Many federal agencies have seen a dramatic reduction in staff and/or reorganization. That means fewer people reviewing more projects, diminished clarity about who handles what, and a marked (and understandable) effect to morale.
This will undoubtedly result in projects deemed non-essential—or simply lower priority—sitting idle until someone can review them. And again, most federal agencies do not operate with shot clocks.
So, how long will it take before things go back to normal? It would be naive to expect the switch to be turned on and, boom – we are back. All of the above actions require a human touch. Employees will be returning to work after 7+ weeks without pay, stepping into short-staffed offices, and facing a massive backlog. Consultants will be scrambling as well, working to submit delayed filings and respond to clients with urgent timelines.
Based on what we are hearing, DEA feels that some things, like Tribal Consultation, will take several weeks to resume normal schedules, but other areas may see significantly longer and unknown delays.
Planning for 2025–2026 Deployment Schedules
Project teams should plan for extended review timelines throughout 2025 and into 2026, and begin prioritizing the projects that need to move first. Understanding where these bottlenecks occur—and how long each agency may take to resume normal operations—will be essential to keeping deployment schedules realistic.
What Should Deployment Teams Be Doing Now?
To keep projects moving where possible, teams should:
- Reassess every active project for regulatory dependencies, especially those requiring Tribal Consultation, SHPO review, or Environmental Assessments.
- Identify filings that can be prepared now (even if they cannot be submitted yet), so they are ready the moment systems reopen.
- Evaluate which sites may become critical-path risks based on required federal consultation.
- Reconnect with your compliance partners to understand realistic timelines as each agency resumes operations.
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