Companies Must Comply With FCC Rules Regarding Tower Siting, Environment, Historic Preservation

FCC Chairman Michael Powell recently announced that the Commission plans to ensure that the deployment of communications services is consistent with the National Environmental Policy Act of 1969 (NEPA) and the National Historic Preservation Act of 1966 (NHPA). Powell made it clear that “vigorous enforcement” of appropriate agency rules in this regard would be the cornerstone of the FCC’s initiative. 

The agency also has granted a 60-day amnesty period for tower owners to comply with antenna structure registration rules. That amnesty period ends TODAY September 22. After that date, clients can expect the FCC to refer unregistered towers to the Enforcement Bureau for further action. Given the FCC’s approach, CSAA Counsel BloostonLaw recommends that companies should make sure that their facilities are in compliance with FCC rules. BloostonLaw has prepared a memorandum and checklist to help its clients verify that they are in compliance.  Below is an order form for interested parties.

Clearly, environmental and historic preservation often conflict with expanding telecom infrastructure, such as tower construction for commercial, public safety, and homeland security communications. The FCC plan announced by Powell is an attempt to balance preservation and telecom needs. But he emphasized that enforcement would be key:

• The agency’s licensing bureaus will refer appropriate cases to the Enforcement Bureau;

• There will be “swift and effective enforcement” to provide an incentive for parties to follow required processes before construction; and

• Enforcement would be used to complement, rather than supplant, negotiation.

In this regard, the FCC has launched a Notice of Proposed Rulemaking (NPRM) regarding a “Nationwide Programmatic Agreement” to review the effects of communications facilities on historic properties. Additionally, the Commission has adopted an NPRM on the rules governing human exposure to radiofrequency (RF) electromagnetic fields. Further, the agency has initiated a Notice of Inquiry (NOI) to assess the impact of communications towers on migratory birds.

As we noted above, it is imperative that everyone make sure they are in compliance with FCC rules regarding environmental and historic preservation issues in order to avoid fines and other enforcement action, including loss of licenses. BloostonLaw has prepared a white paper and checklist to ensure compliance, and are offering both at $250.00. Please complete the order form below and return by fax.

BloostonLaw contacts: Hal Mordkofsky, 202-828-5520; John Prendergast, 202-828-5540; and Richard Rubino, 202-828-5519.

___________________________________________________

___My company wishes to purchase the BloostonLaw memorandum and checklist regarding compliance with the FCC’s environmental and historic preservation rules. I understand that you will bill my company $250.00.

Company:         ________________________________________________________________

Your Name:       _______________________________________________________________

Phone:              __________________________________________________________

Fax:                  _____________________________________________________________

E-Mail Address: __________________________________________________________

Date:                ____________________________________________________________

PLEASE FAX TO (202) 828-5568

Annual Meeting Dress Code