CTIA filed challenge in U.S. Dist. Court, D.C., Fri. on scope of ...
CTIA filed challenge in U.S. Dist. Court, D.C., Fri. on scope of Advisory Council on Historic Preservation’s (ACHP) authority to promulgate rules that bind FCC. CTIA is challenging final rule that ACHP adopted Dec. 12 that implements Sec. 106…
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of National Historic Preservation Act (NHPA). Act covers regulations on siting and environmental impact designed to ensure that facilities, including wireless towers, have no adverse impact on historic properties. CTIA, in complaint that names ACHP, its Chmn. Cathryn Slater and Exec. Dir. John Fowler, wants court to review final rule. CTIA argued that regulation was beyond scope of ACHP’s rulemaking authority under NHPA. CTIA also challenged rule as arbitrary and capricious, unconstitutional and “otherwise not in accordance with law.” It said wireless carriers were adversely affected by rule because it favored “intensive government oversight and unwieldy bureaucratic procedures to ensure that the goals of the NHPA are satisfied.” Final rule is at odds with “statutory mission” of FCC and telecom industry, CTIA said. Assn. said final regulation threatened to undermine purpose of Communications Act, “particularly as it applies to fostering the rapid growth and development of wireless communications infrastructure.” Complaint argued that ACHP’s role was advisory under NHPA and that final rule had expanded its authority unlawfully. Federal agencies, not advisory councils, have authority to adopt regulations implementing siting requirements of Sec. 106, CTIA contended. Complaint apparently doesn’t alter agreement reached earlier this year between wireless industry and govt. policymakers, including ACHP, on how tower siting issues should be handled for colocation of equipment at existing sites.