1. Regulatory Update
June 14, 2018

2. 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

3. Bats

4. Bats

5. Bats

6. 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

7. 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, $17,700.00

8. 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.

9. 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

10. Before
~110 Days (but vastly inconsistent)

11. After
57-70 days

12. 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?)

13. Any Questions?
Will Bates
(m)