A summary of the FCC’s March 2018 Second Report and Order in the Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment proceeding adopting new rules streamlining the wireless infrastructure siting review process has been published in the Federal Register, triggering a July 2, 2018 effective date. By the subject order, the FCC excluded small wireless facilities deployed on non-Tribal lands from the National Historic Preservation Act (NHPA) and National Environmental Policy Act (NEPA) review process clarifying that such facilities do not constitute federal “undertakings” or “major federal actions”, subject to certain parameters and conditions. Small wireless facilities deployments however continue to be subject to state and local government approval requirements. The FCC also clarified and improved the process for Tribal participation in Section 106 historic preservation reviews for large wireless facilities for which NHPA/NEPA reviews are required. The FCC adopted a requirement that applicants must provide all potentially affected Tribes with a Form 620 (new towers) or Form 621(collocations) submission packet where this form is prepared for the SHPO pursuant to the Nationwide Programmatic Agreement, and where not required, applicants must provide an alternative submission with information that fully explains the project and location. The FCC also reduced the time frame, from 60 to 45 days, for resolving instances where Tribes fail to respond after receiving a Form 620/621 submission packet. In addition, the FCC clarified that applicants are not required to pay Tribes up-front fees simply for initiating the Section 106 consultative process. Finally, the FCC removed the requirement that applicants file Environmental Assessments (EAs) for a proposed facility solely due to its location in a floodplain, subject to conditions, and established timeframes for the FCC to act on EAs.
