Tribal Groups Turn Up Heat on FCC Opposing Changes to Infrastructure Rules
The National Congress of American Indians (NCAI) and the United South and Eastern Tribes Sovereignty Protection Fund (USET SPF) Thursday protested parts of draft wireless infrastructure rules, scheduled for a vote at next week’s commissioners’ meeting. The filing was the most concerted push by tribal groups so far against the draft order. Other tribes also continue to weigh in, as does industry. Meanwhile, Commissioner Brendan Carr, who has overseen the order, was in Baltimore Thursday to tour small-cell installations.
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FCC officials said Thursday Jessica Rosenworcel and Mignon Clyburn, who may dissent (see 1803070044), aren't saying how they will vote, and Republicans still hope for some consensus. Tribal concerns have been mounting (see 1803140046 and 1803130057).
The National Association of Tribal Historic Preservation Officers questioned the FCC’s process in developing the order. NATHPO President Bambi Kraus cited the transcript of a January consultation call with tribal authorities. “Starting on page four, you will see tribe after tribe state for the record their lack of agreement with the FCC that the conference call was tribal consultation,” she told us.
“It strikes the wrong balance between the trust responsibility and historic and environmental concerns on the one hand, and the economic interests of the telecommunications industry on the other, and we believe it in critical part is unlawful,” NCAI/USET SPF said of the draft order in docket 17-79. “We renew our willingness to consult on practical options for expediting the 5G build out without compromising tribal historic preservation interests.” The current system of reviews under the National Historic Preservation Act and the National Environmental Policy Act is working, the groups said.
“The FCC is rejecting Tribal Nation recommendations in order to provide a solution that Industry has sought for years, which is to effectively ignore and disempower Tribal Nations,” the tribes said. “The Commission’s draft Report and Order is particularly frustrating since both NCAI and USET SPF have approached the deployment of 5G technology in a supportive manner (Tribal Nations desperately need broadband capability) and its implementation in practical terms.”
Carr tweeted from Baltimore on why he sees the changes to wireless infrastructure rules as critical. “Small cell deployments like this one are bringing high-speed mobile broadband -- often the only Internet connection -- to communities,” Carr said. “Cutting unnecessary regulatory costs will help get more broadband to more Americans.”
Other native groups also protested. “The draft order’s approach will be detrimental to tribal governments, tribal cultural and historic resources and do very little to encourage deployment of wireless service to areas, like ours, that need it most,” said the Tanana Chiefs Conference of Fairbanks, Alaska. "While we understand the need for advancement, the FCC is removing Tribes from the review process, and by doing so, is preventing our ability to properly protect our cultural resources," said the Cheyenne and Arapaho Tribes of Oklahoma. Without the "modest" review fees the tribe charges to review projects, "we would not have the staff or the ability to research and provide responses to the numerous projects sent to us daily," the tribes said. "Although we have updated our review process in the last year, our research fees have remained the same for over 6 years."
Industry Filings
Industry officials are also lobbying, in their case for the streamlining.
Verizon officials met with aides to the five commissioners to support the order. “Tailoring the Commission’s environmental rules and policies to the small wireless facilities that providers are deploying today will speed wireless broadband deployment and pave the way for enhanced 4G and 5G networks,” Verizon said. “The draft order’s provisions to streamline tribal reviews for larger wireless broadband facilities will likewise speed broadband deployment and eliminate costs, thus freeing up resources that can, in turn, be used to deploy more facilities.”
CTIA Thursday supported the order but said the FCC should also clarify the evidentiary showing a tribe must make before an applicant is required to hire a professional contractor to identify historic sites or assess effects or mitigation for proposed projects on nontribal lands. “Such clarification will provide certainty to all parties, thereby facilitating 4G LTE and 5G deployment and ushering in new and enhanced wireless services that will spur economic growth,” CTIA said.
Sprint officials reported on meetings Monday with aides to Carr, Rosenworcel and Commissioner Mike O’Rielly. “We expressed Sprint’s support for the proposed order and discussed the urgent need to reform the historic and environmental review processes that are hindering the deployment of small cells as carriers transition to 5G,” Sprint said.
The order doesn’t directly address local government control of wireless siting, but cities also weighed in. The draft “ignores without justification Commission precedent” and “fails to adequately consider the practical impacts of its proposal by focusing solely on the size of small cell’s antennae and disregarding the rest of the site’s equipment,” said Boston and Portland, Oregon, and the Texas Coalition of Cities for Utility Issues. “The Draft applies a flawed analysis intended to justify an exemption, and instead uses it to justify wholesale abandonment of federal environmental and historic protections.” The order would ignore the impact of the changes on the effect on reviews under 2012's Spectrum Act, the cities said.