The FCC’s Enforcement Bureau (EB) has entered into a Consent Decree with Teton Communications, Inc. (Teton) to resolve an investigation into allegations that it constructed a wireless facility without complying with the FCC’s environmental and historic preservation rules that implement the National Environmental Policy Act of 1969 (NEPA) and the National Historic Preservation Act (NHPA). To settle the matter, Teton admits that it violated the FCC’s environmental and historic preservation rules, agrees to implement a compliance plan to ensure that it does not violate these rules in the future, and will pay a $20,000 civil penalty. Licensees and applicants are reminded that prior to starting construction of certain wireless facilities, they must first assess whether the facility may have a significant impact on the environment or historic properties. The EB states that entities that unilaterally choose to begin construction of wireless facilities prior to completing the required environmental and historic preservation reviews violate federal law and disrespect jurisdictional authorities.
