Wireless companies and broadcasters told the FCC last week they w...
Wireless companies and broadcasters told the FCC last week they were concerned about the scope of compliance and agency resources that might be entailed in pending tower siting when it comes to tribal participation. A draft national programmatic agreement…
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(NPA) has been designed to streamline the review of tower siting decisions under Sec. 106 of the National Historic Preservation Act. The proposed NPA had been expected to appear on the agenda for last week’s open meeting, but ultimately wasn’t included (CD March 5 p7). Comr. Abernathy had sought additional time for discussion of the proposed tower pact. Aside from the NPA, the FCC has been working with the United South & Eastern Tribes (USET) on a voluntary best practices document for tower siting. Agency staff provided the draft document to industry officials for feedback on March 5. In a filing by wireless carriers last week, industry representatives outlined concerns about the scope of compliance requirements and FCC responsibilities that might be part of the NPA concerning tribal participation procedures as laid out in the proposed best practices document. The filing was made by Cingular, NAB, U.S. Cellular, CTIA, AT&T Wireless, Verizon Wireless and a coalition of carriers. Requirements imposed on applicants might entail “excessive and unnecessary expense and delay,” the filing said. Such a negative impact could be avoided if the NPA were adopted without the section covering tribal participation “to allow further development of this section, while tribal participation would continue to be governed by current law,” the filing said. Otherwise, the companies and trade groups suggested the FCC might postpone adopting the NPA to provide time for more consideration of this language.