In a letter to Jaime Loichinger, Director of the Office of Federal Agency Programs on Historic Preservation, WIA is suggesting changes to a proposed amendment that would “ensure quick and efficient deployment of critical funds and infrastructure.” The amendment would be part of legislation being considered by the Advisory Council on Historic Preservation’s (ACHP) Program for Communications Projects on Federal Lands and Property.
In its letter, WIA recommends ACHP modify the proposed amendment to more accurately reflect “real-world practices and considerations” and provide further guidance on requirements to ensure the effectiveness of the permitting process. Additionally, WIA recommends that ACHP look to other successful federal siting programs, particularly those administered by the FCC, to inform its policies and procedure.
WIA proposes the amendment should require a replacement pole or structure to be placed in the same hole as the pole or structure it is replacing to qualify for relief. Typically, the association points out, only after the last wireline attacher completes their transfer to the new pole is the old pole removed from its hole. WIA, meanwhile, recommends the amendment be modified to allow a replacement pole or structure placed within 10 feet of the original to qualify for relief.
The amendment requires the replacement structure to be located within an existing Right of Way (ROW) or easement which has been surveyed. WIA says this survey requirement is unnecessary and can quickly become overly burdensome, particularly in rural areas where ROW and easements may stretch miles and cross private property.
The ACHP has an opportunity to clarify application of the amendment by defining the term “existing pole,” according to WIA, stating that public utility poles which have been placed prior to the installation of wireless equipment on those poles are, in fact, existing poles. The definition should hold, WIA says, even if the pole was set by the utility company shortly before the wireless facilities are colocated on it in an effort to promote colocation on existing poles placed by a utility.
The WIA pointed to the FCC’s experience in coordinating and ensuring participation with tribal governments, such as through the Tower Construction Notification System as reasonable best practices NTIA should look to adopt in this proceeding.
“Further,” the letter states, “the FCC has adopted timeframes for action on siting applications, also known as shot clocks. These shot clocks provide a useful tool for industry and the government by setting clear expectations for when applications must be approved or denied. Additionally, providing that un-resolved applications are approved at the expiration of the shot clock ensures that administrative delay does not become an additional barrier to deployment.”
To see the full letter drafted by Stephen Keegan, WIA’s Senior Counsel, Government and Legal Affairs, click here.
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