Regulatory Update June 14, 2018

Discussion Topics NEPA Screen Criteria: Wilderness Area Wildlife Preserve Threatened / Endangered Species and Habitats Floodplain Wetland Historic Cultural Resources Native American Religious Sites High Intensity White Lights in Residential Areas RF Bats! Tribes

Bats

Bats

Bats

Tribal Consultation Nationwide As of December 2017, there were: 567 federally-recognized tribes 229 are Alaskan villages, therefore 338 in Continental US 287 are actively or inactively involved in FCC consultation 103 of these 279 charge a review fee Nationwide Average: $609.61 Nationwide Median: $500.00

Native American Religious Sites Missouri & Kansas As of June 13, 2018: 31 Active Tribes 28 charge fees Individual tribe fees range from $300 to $1500 Median fee amount: $750 Total fees range by county, but ~$14,500.00 - $17,700.00

Native American Religious Sites Why are they a hot-button topic? Cost has tripled in under 3 years Timeline Tribes that do not respond at all: assume clearance after ~40 days Tribes that respond: no formal legal method of closing out consultation If tribe charges fee, the FCC has always argued that it is not legally required to pay it. BUT…see #2 above.

FCC Final Rule (2018) Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment No acronym yet – what shall we call it? Small cells (even new poles) will be excluded from NEPA “Upfront” tribal consultation fees disallowed Clarification on what tribes are permitted to request 30-day Tribal Consultation shot clock FCC institutes (on themselves) a 60-day review timeline for EAs EA no longer necessary in floodplains as long as equipment 1’ above BFE

Before ~110 Days (but vastly inconsistent)

After 57-70 days

FCC Final Rule (2018) Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment Lawsuit filed in April – dismissed without prejudice Another lawsuit possible, and may be filed at the eleventh hour FCC has not given much guidance on how to address the change (retroactive? Only new sites?)

Any Questions? Will Bates w.bates@Trileaf.com 469-766-9972 (m)