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Given growing wireless industry concerns about a tower-siting app...

Given growing wireless industry concerns about a tower-siting application backlog, FCC Comr. Adelstein advised Chmn. Martin he’s “immediately prepared to adopt the so-called 3-strike proposal,” an Adelstein aide told us. The FCC set a Tower Construction Notification System (TCNS)…

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for Indian tribes to register geographic areas of historic value. Carriers wishing to build towers in those areas must notify tribes to ensure projects won’t affect historic preservation lands. Carriers can file notifications with the FCC after 2 failed attempts to contact a tribe. But industry complains that this has created a backlog of hundreds of notifications at the FCC. Under the “3-strike proposal” suggested by CTIA and backed by the United South & Eastern Tribes (USET), a notification would be treated as granted after 2 failed attempts by a tower applicant and one by the FCC to contact a tribe. Under the proposal, a carrier could refer a case to the FCC if it didn’t get a response 40 days after first notifying a tribe. The FCC then would have 20 days to contact the tribe. Adelstein thinks a 3- strike regime “would resolve the backlog problem right away,” the aide said.