Timing of CTIA court challenge over scope of Advisory Council on ...
Timing of CTIA court challenge over scope of Advisory Council on Historic Preservation’s (ACHP) authority to promulgate rules that bind FCC (CD Feb 26 p7) is unfortunate, said PCIA Senior Vp- Govt. Relations Robert Hoggarth last week. “We have…
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worked very hard for the last 8 months” on draft agreement on streamlining wireless antenna collocation review procedures, Hoggarth said. Nationwide program agreement was drafted by staffs of FCC, ACHP, National Conference of State Historic Preservation Officers (NCSHPO) and tribal representatives to try to streamline reviews on whether facilities such as towers may affect historic properties. FCC recently extended comment period for draft to provide tribal representatives additional time to submit comments and final action on draft is weeks away. “We have been working very hard with the ACHP, NCSHPO and the tribes to blunt the impact of the lawsuit,” Hoggarth said. Filing lawsuit over rules that implement Sec. 106 of National Historic Preservation Act so close to final action on draft agreement “poisons water” concerning ability of parties to bridge any remaining differences, Hoggarth said. CTIA lawsuit itself didn’t concern draft agreement on collocation but targeted broader ACHP regulations on siting and environmental impact designed to ensure that facilities such as towers have no adverse environmental impact on wireless properties. CTIA wants court to review final rule issued by ACHP in Dec. Assn. is arguing regulation goes beyond scope of ACHP’s rulemaking authority under NHPA, which defines council’s role as advisory and not regulatory.