CTIA, WIA to FCC: Speed Up Historic Preservation Infrastructure Siting

CTIA and the Wireless Infrastructure Association have several suggestions how the FCC can update the National Historic Preservation Act (NHPA), so federal agencies can determine whether historic sites are present near proposed wireless infrastructure projects and, if so, whether those projects might impact important Tribal sites located on non-Tribal lands.  Antiquated procedures are hindering the build-out of wireless networks, say the trade associations.  The associations also cited how the FCC has historically administered NHPA, resulting in long delays and unreasonable costs.

New data indicate that Tribal review takes an average of 110 days to complete—with evidence of some reviews taking over 500. In just the last two years, application fees jumped by 30 percent and the average co-location fee increased 50 percent. To that end, CTIA and WIA suggest:

1. Clarify the fee structure: The FCC should set guidelines around the use of and fees associated with consulting services versus professional contracting services in NHPA reviews.
2. Set standard paperwork processes: The FCC should clarify that the agency-required paperwork provided to Tribes—which contains information and details about a proposed site—should suffice for NHPA reviews in the absence of a written explanation on why additional information may be necessary.
3. Create a timeline for initial reviews: The FCC should limit NHPA reviews to 30 days, and in the absence of a Tribal response at that point, deem the consultation process complete.
4. Modernize a key FCC database: The FCC’s Tower Construction Notification System is full of valuable information for applicants and Tribes alike. The FCC should update this database to improve recordkeeping and help all parties more efficiently navigate the NHPA review process.
5. Set guideposts for site monitoring: The FCC should limit NHPA-related site monitoring to instances where there is a probability that a historic, religious, or culturally significant site may be identified, and Tribes should be encouraged to use a single monitor when possible to share information.

June 20, 2017