An Illinois circuit court in Morgan County recently found that a municipal permit application fee for a building permit to lay fiber optic infrastructure violates the Telecommunications Infrastructure Maintenance Fee Act. In MCC Network Services, LLC v. City of Waverly, (Case No. 2025 MR9, Order filed Sept. 24, 2025), the court found that the City’s permit application fee violated Section 30(a) of the Telecommunications Infrastructure Maintenance Fee Act (35 ILCS 635/30, “Act”). The Judge enjoined the City from enforcing, requiring, assessing, or collecting the fee. The court concluded that Section 30(a) “unambiguously prohibits municipalities from imposing fees or charges for the use of a public right-of-way,” including charges “for the recovery of reasonable costs of regulating the use of public rights-of-way,” and therefore invalidated the ordinances establishing the application fee.

Takeaway

This ruling supports telecommunication companies in challenging municipal fees, including permit application and regulatory cost-recovery fees.

Consult your Tressler attorney if you have questions or need guidance with your municipal issues.

For more information about this article, please contact Tressler attorney Erik Peck at epeck@tresslerllp.com.

About the Author

Erik R. Peck concentrates his practice primarily on the representation of municipalities, municipal boards and committees, townships, and other special districts serving as general counsel. In representing various municipal bodies, he has had extensive experience in planning and zoning matters as well as fire and police commission matters, hiring, discipline, PSEBA, PEDA, FLSA, and other public safety matters. With a local government law practice that extends over 25 years, Erik has a considerable depth of knowledge in a broad array of matters such as intergovernmental agreements, real estate, land use and zoning, economic development, capital development and construction, annexation, boundary disputes and board governance, as well as drafting and negotiating leases, licenses, easements, and intergovernmental agreements.  He regularly furnishes advice to his clients on drafting and negotiating procurement contracts, Open Meetings Act (OMA), Freedom of Information Act (FOIA), records retention, finance, appropriations, tax levies, election issues, tax obligations, ethics, Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and other employment issues.  Click here to read Erik’s full attorney bio.