Wireless Industry Argues for Streamlining Environmental/Historic Permitting

The FCC recently accepted comments on one of Chairman Brendan Carr’s “Build America” agenda items, the question of streamlining permitting for wireless communications deployments by speeding up environmental reviews under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). According to Carr, delays created by environmental reviews have, in some cases, delayed wireless projects for years.

The Commission’s Notice of Proposed Rulemaking asks whether the current interpretation of NEPA after Congress recently passed amendments to it, affects when licensing decisions should be categorized as “major federal actions” (MFA). Fewer MFAs would lead to shorter NEPA reviews. The FCC also asks whether projects no longer requiring NEPA review still require NHPA review.

“The Commission’s proposal … certainly falls within the zone of reasonableness and is entitled to substantial deference,” said the WISPA – The Association for Broadband Without Boundaries in its comments. “WISPA supports the Commission’s proposal to codify that NEPA does not apply to unlicensed facilities. WISPA also supports proposals to streamline the NEPA review process by adopting clear timelines and predictable standards.”

Wireless association CTIA agreed that streamlining NEPA/NHPA “will better align the Commission’s environmental regulations with Federal statutory requirements and new guidance from the White House and the Supreme Court, while helping to speed broadband deployment and promote continued leadership in wireless innovation. This is a collective win for the public interest.”

Along with the wireless association, a coalition of electric utilities that hold FCC spectrum licenses to operate private radio networks for various utility functions also favored updating the environmental regulations. “Each of the Electric Utilities has faced significant cost overruns and timing delays that have impacted infrastructure deployments due to the Commission’s antiquated application of its regulations implementing NEPA and the NHPA,” they said.

Several commenters from the satellite industry also supported the FCC’s proposals. “It makes sense for the Commission to categorically exclude from NEPA review most types of earth station licensing—provided the Commission retains the ability to take a closer look at specific cases where there are indications that proposed operations may have a significant impact on the environment,” said satellite carrier Viasat.

Many of the commenters from the other side of the issue were state offices and national organizations concerned with historic preservation. “The most effective way to achieve greater efficiency is through already established and proven methods,” said the National Conference of State Historic Preservation Officers (NCSHPO). 

For example, over several years the Advisory Council on Historic Preservation, a federal agency, has worked with the stakeholders, including state historic preservation offices, tribal organizations and wireless organizations, including CTIA, to develop “nationwide programmatic agreements.” The goal of those agreements is to address delays in wireless construction, as the FCC currently seeks to do. NCSHPO claims that state offices complete more than 90 percent of NHPA reviews within 30 days and more than half complete them in less than two weeks.

“The scenario that Chairman Carr describes of workers in Casper, WY, unable to move forward because they are awaiting approval, is precisely the type of situation that [state offices] work hard to avoid, and that good programmatic agreements are designed to prevent,” NCSHPO said.