Tribal Groups Oppose FCC Wireless Infrastructure Order
The FCC logged more comments from tribes opposing changes to wireless infrastructure rules teed up for next week’s commissioners’ meeting, as expected, (see 1803130057). A government official said Wednesday tribes appear to be waiting until late to make their case.…
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The draft order would clarify deployment of small cells isn't a “federal undertaking” within the meaning of the National Historic Preservation Act or a “major federal action” under the National Environmental Policy Act. It would reduce red tape for tribal reviews of projects off tribal lands and clarify that applicants “have no legal obligation to pay upfront fees” when seeking tribal comment on proposed deployments. The National Association of Tribal Historic Preservation Officers had meetings with aides to Commissioner Mignon Clyburn and Jessica Rosenworcel. The FCC didn’t engage in true government-to-government consultation with tribal nations, the group said, posted Wednesday in docket 17-79. “Government-to-government consultation requires joint development between the FCC and tribes of an agenda well in advance of the meeting and sufficient detail for tribal representatives to make an informed decision as to their participation and ability to make an informed decision." The group said the FCC can’t change the definition of a “federal undertaking” under the NHPA and industry inflated the cost of compliance. “The Commission has a trust responsibility to tribal nations, not to the wireless industry,” said the Pueblo of Pojoaque in New Mexico. “The draft Report and Order does not reflect this trust responsibility and diminishes the Pueblo of Pojoaque’s ability to protect cultural and historic properties.” The FCC mustn’t exclude small cells from environmental and historic review, said Patricia Garcia-Plotkin, tribal historic preservation officer with California’s Agua Caliente Band of Cahuilla Indians. “Tribal Nations are responsible stewards of their cultural heritage and have expertise unique to Tribes and their members,” she said. “The NHPA and NEPA were created to consider proposed projects impacts to the environment and a process to potentially avoid or mitigate the impacts. In my 12 years with Agua Calienate many small projects have been planned on culturally significant areas.”