The Commissioners at the FCC have made it clear that broadband and cellular service is not a privilege but a right to all Americans including those living in far off rural areas and on tribal reservations. Months ago they promised to assist in expediting service across the miles of western lands managed by the Bureau of Land Management. But tower companies and carriers will still have to meet the slew of requirements. As many as 15 tribes, and increasing, per tower site location, have drafted to protect their coveted lands.
There are no limitations or caps to the fees that tribes can charge, noted Steve McFarlin of White Buffalo Environmental Inc., as he guided CCA attendees through the maze that is the National Environmental Policy Act and the NEPA process. He added emphasis on tribal consultation.
McFarlin focused on policies and procedures in the tribal review process and the current tribal consultation trends for new towers, raw land builds and co-locations. McFarlin also noted that tribes may no longer accept Google coordinates and could require an actual land survey. More tribes may become involved in the process as they demonstrate to the FCC their geographic areas of interest.
In a NEPA checklist, tower build outs must be aware of archaeological and historical points of interest along with cultural resources — floodplain, wetland deforestation, diversion of water. Timelines can be up to 90 days or longer – tribal nations are not wed to the same time constraints and demands of town, city, state or federal government agencies. Knowing the process can help prevent potential delays.
McFarlin reminded the audience that applicants must “seek guidance from the FCC in the event of any substantive or procedural disagreement with an Native American tribe or if the tribe doesn’t respond to the applicants inquiries.” He said tribal consultations are significantly increasing the time involved with new builds and rates are unique to each tribe.
So, What can you do to expedite the process?
- Keep records of all communications with SHPO/THPO
- Communicate EARLY and promptly update with development changes (even minor height or foundation changes)
- Have a good understanding of the process
- Utilize a reporting tool for real time status (to reduce phone calls and email)
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