FCC Warns Tower Licensees of Need to Comply With Agency Rules
In one of its first hybrid events since the start of the COVID-19 pandemic, the FCC on Tuesday held an all-day environmental compliance workshop at its new headquarters. Staff presented and took questions on the FCC’s tower construction notification system,…
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requirements of the National Environmental Policy Act and the rules for working with Native American tribes. “Your role in the process of reviewing and deploying wireless infrastructure is absolutely critical,” said Joel Taubenblatt, acting chief of the Wireless Bureau. “During the last few years during the pandemic, we've seen the importance of communications services across the country and wireless services,” he said: “We've seen how [the pandemic] has changed the way people interact with work, with schools, with their medical service providers, and with their family and friends. … We have seen how all of you have adjusted during this period of time to make sure that the review and deployment of wireless facilities can continue.” Daniela Arregui, Enforcement Bureau attorney adviser, underscored the importance of following FCC environmental rules. “Never start construction, including breaking ground, clearing brush, cutting trees, prior to completing the requirement of the environmental review,” she said. “It is important to document, authorize, and review each element of the project during each phase of construction,” she said: “Notify and actively engage with the state historic preservation officers and the tribal historic preservation officers throughout the process. Applicants should be doing more than minimally following up on an electronic Section 106 notification or responding to inquiries.” Notify the Wireless Bureau and the Enforcement bureaus “when you suspect a violation,” she said. Answer FCC inquiries whenever they are posed, Arregui said. “A letter of inquiry is a commission order” and “recipients are required to respond timely, fully, and completely,” she said. “Even if there is no substantive violation, the failure to respond completely can, itself, result in significant monetary penalties,” she said.