Conterra Ultra Broadband and CellularOne of Arizona are working with the Navajo Nation to improve broadband and data transport across tribal lands. The companies and a proposed “tribal corporation” will develop an IP-based ethernet network providing middle and last-mile wireless solutions for cellular voice/data and broadband, plus high capacity bandwidth to communities, businesses, schools, and other tribal entities. The new strategy will “encourage infrastructure sharing… to maximize all available telecommunications facilities on Navajo Lands,” the companies said.
Wireline and wireless carriers lined up on opposite sides as comments accumulated Wed. at the FCC on capping USF subsidies to competitive rural carriers. The cap was recommended by the Federal-State Joint Board on Universal Service as an interim measure to slow the rampant growth of the Universal Service Fund. But the recommendation to apply it only to competitive eligible telecom carriers (CETCs), generally wireless carriers, has created a sharp division among rural carriers.
Named to the FCC Intergovernmental Advisory Committee: Denise Bode, Okla. Corporation Commission; Carlito Caliboso, Hawaii PUC; Jim Dailey, Little Rock, Ark.; Steven Grey, Navajo National Telecom Regulatory Commission; Jenny Hansen, Mont. Dept. of Administration; Merita Hopkins, city of Boston; David Jones, Spartanburg (S.C.) County govt.; Dean Kruithof, Ft. Smith, Ark.; Frank LaGrotta, Pa. House of Representatives; Timothy Lowenstein, Buffalo County, Neb.; Patrick McCrory, Charlotte, N.C., mayor; Gary Resnick, Wilton Manors, Fla., city council; Sylvester Sahme, Ore. Telecom Coordinating Council; Randolph Townsend, Nev. State Senate; J.D. Williams, Cheyenne River Sioux Tribal Telephone Authority… Steve Hawkins, ex-British Telecom, named British vice consul-investment, N.Y.C… NAB Vp-Human Resource Development Dwight Ellis resigns Feb. 1… Karen Black, ex- Symantec, appointed senior vp-engineering, Boingo Wireless… Promoted to Cox vp-regional mgrs: Janet Barnard, middle America; Dave Bialis, Okla.; Greg Bicket, New Orleans; Leo Brennan, Orange County; Frank Bowers, Hampton Roads; Paul Cronin, New England; Kimberly Edmunds, Kan.; Bill Geppert, San Diego; Mark Lipford, Las Vegas; Gary McCollum, northern Va.; Steve Rizley, Ariz.
Crown Castle told the FCC it had concerns with part of a draft national program agreement designed to streamline the review process for sites under the National Historic Preservation Act. The draft agreement would streamline the process for communications facilities under Sec. 106 of the act. A similar agreement in 2001 had focused on colocation on existing towers, while the draft would cover new sites. Crown Castle raised concerns over an exclusion in the draft agreement that said that a tower modification that didn’t involve a colocation and didn’t substantially increase the size of the tower was an undertaking that would be excluded from Sec. 106 review. Crown Castle said it agreed with the proposed exclusion but said such actions weren’t properly deemed “undertakings” because they didn’t require a federal permit, license or approval. Such changes, which could involve replacing a fence around a tower site, could otherwise become subject to tribal consultation, Crown Castle said. That would be the case if language proposed by the Navajo Nation were included in the final agreement, the company said. Improperly classifying such activities as undertakings would “be an improper extension of the FCC’s authority and would thus be subject to judicial challenge,” it said. Without changing the language using “undertaking,” Crown Castle said the proposed exclusion could have unintended consequences: “The notion of what ‘is’ and ‘is not’ an undertaking will be blurred. As a result, the overall scope of the FCC’s Section 106 and other environmental obligations may expand as other types of ‘modifications’… that are not related directly to the issuance of an FCC license are considered to be undertakings that are subject to direct FCC authority.”
Although adoption of the Nationwide Programmatic Agreement (NPA) to protect historic interest and streamline the review process for telecom facilities in historic areas is a laudable goal, the draft agreement contains flaws that must be corrected, parties said in comments to the FCC. They generally supported the draft NPA by the FCC, the Advisory Council on Historic Preservation and the National Conference of State Historic Preservation Offices. The agreement would streamline siting decisions under Sec. 106 of the National Historic Preservation Act (NHPA), which requires federal agencies to consider the impact of construction and modification of wireless facilities located near historic properties.
The National Conference of State Historic Preservation Officers (NCSHPO) warned the FCC it had concerns about a proposed program agreement designed to streamline the review process for sites under the National Historic Preservation Act. Comments are due at the Commission Fri. on a draft nationwide agreement to streamline that process for communications facilities under Sec. 106 of the act. That provision requires federal agencies to consider the effects of an “undertaking,” including tower construction and expansion, on historic properties. A similar agreement reached in 2001 had focused on colocation on existing towers, while the draft covered new sites. The draft agreement spells out for state historic preservation officers and industry what is needed for compliance, included tower projects that meet certain criteria and would be excluded from routine review. The NCSHPO board in an ex parte filing last week told the FCC that it and the Advisory Council on Historic Preservation shouldn’t assume that NCSHPO would sign the draft agreement. The conference reiterated its concerns on issues not addressed in the draft: (1) The area of potential effect, which covers a mandatory radius for towers, especially those taller than 1,000 ft. That provision would stipulate a geographic visual range, setting restrictions on the visual effects on a proposed tower. For example, the draft proposes a range of 1/2 mile for towers under 200 ft. NCSHPO said for towers higher than 1,000 ft., the area of potential effect should be determined by the applicant along with the state historic preservation officer. (2) Lack of notice to state historic preservation officers in the process, although local govts. are notified when companies build in exclusion zones. (3) Lack of an opt-out provision for individual SHPOs to pinpoint areas “of known or predicted historic properties to be removed from an exclusion zone.” Separately, the United South and Eastern Tribes (USET) said in a filing that it was working with the FCC on a joint memorandum of understanding and a related best practices document on Commission consultation with USET tribes on cellphone tower construction issues. USET said it had concerns that the exclusions in Sec. 106 review requirements in the draft “could not lawfully be applied to Indian tribes under the National Historic Preservation Act.” USET said it also discussed an exception to exclusion provisions proposed by the Navajo Nation. The Navajo Nation had proposed that no tower sites be excluded from tribal review and provided for confidential treatment of tribal review. A representative of the Navajo Nation previously voiced concern that part of the National Historic Preservation Act that applied to tribes hadn’t been fully taken into account in drafting the agreement.
Navajo Nation schools now have access to satellite internet services via SkyFrames, the latter said. Skyframes supports more than 100 work stations and plans to expand service to other Native American schools with the help of value-added reseller TechKnowledgy.
FCC hopes to issue public notice on comprehensive nationwide agreement to streamline tower siting decisions next month, Wireless Bureau Commercial Wireless Div. Chief William Kunze said Fri. Related tower siting policies will be among division’s priorities for this year, including issues on migratory birds, Fish & Wildlife Service requirements and overall processes in that area, he said. Kunze spoke at FCBA Wireless Practice Committee lunch at which chief of Auctions & Industry Analysis Div., Public Safety and Private Wireless & Policy also discussed their 2003 agendas.
Federal and state regulators and tribal representatives still are edging toward agreement to streamline siting decisions for wireless and broadcast towers. But some tribal historic preservation officers remain concerned about how agreement is being crafted and what they see as their continued general lack of input in tower siting decisions. While draft proposal earlier this year had been state prototype that would have given each state sign-off in siting decision process, model that now is focus of negotiations is nationwide pact. Several sources said it remained uncertain how nationwide agreement, as opposed to state-by-state prototype, would be embraced by state historic preservation officers, whose national organization must sign off on program. While tribal and some state concerns remain to be addressed before agreement is reached, participants said FCC’s recent creation of cultural resource specialist was move in right direction.
FCC and National Exchange Carrier Assn. will hold Indian Telecom Training Initiative 2001 annual conference at Bally’s Hotel, Las Vegas, Sept. 23-26. Commission said participants include Navajo Code Talkers, who recently won Congressional Gold Medal for their service in World War II -- 800-351-9033. Separately, FCC said it redesigned Indian initiatives Web site at www.fcc.gov/indians.