RE: VIOLATION OF FCC ENVIRONMENTAL RULES
Dear Mr. Dykes:
This letter pertains to our findings that Madison County, Indiana failed to comply with the Commission’s regulations implementing the National Environmental Policy Act of 1969 (NEPA) and other federal environmental statutes, as well as related licensing rules and the rule requiring truthful and accurate statements. The Public Safety and Homeland Security Bureau has determined that Madison County violated Sections 1.17, l.1307(a)(4), 1.1312(a), 90.5, and 47 CFR Pt.I, App C of the Commission’s rules by constructing and operating from a public safety radio tower in Pendleton, Indiana, without first completing the required historic preservation review. By this letter, we apprise Madison County of the implications of failing to comply with Commission regulations in the future.
Under the Commission’s rules, an applicant must consider, prior to initiating construction or deployment, whether the facility it proposes to build or use may have a significant effect on the environment. As part of this review, Section 1.1307(a)(4) of the rules requires applicants to consider, prior to initiating construction or deployment, whether their proposed facilities would affect properties listed or eligible for listing in the National Register of Historic Places. In considering potential effects on these properties, Section l.1307(a)(4) requires applicants to follow the prescribed procedures set forth in the rules of the Advisory Council on Historic Preservation (Advisory Council), as modified by the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (Collocation Agreement) and the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (NP A). These agreements tailor and streamline the review and consultation procedures routinely required by the National Historic Preservation Act of 1966 (NHP A)9 and the implementing regulations issued by the Advisory Council.