Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Articles

FCC Provides Guidance on Indian Tribe Consultation Requirements for Communications Facilities

November 29, 2010

Articles

FCC Provides Guidance on Indian Tribe Consultation Requirements for Communications Facilities

November 29, 2010

Back to News Listing

In a decision regarding the review of two wireless communications towers proposed for construction on Santa Cruz Island, California, the FCC clarified that:

  • Only federally recognized Indian tribes have standing to challenge the NPA review process or the FCC’s conclusion that a tower will not have adverse effects on historic properties within the meaning of Section 106 of the National Historic Preservation Act (NHPA).
  • While state-recognized Indian tribes, intertribal organizations, and individual members thereof, may participate in the process as members of the public and may request “consulting party” status, they do not have standing to enforce provisions of the NHPA or other regulations designed to provide protection to federally recognized tribes.
  • The FCC has authority to authorize construction of a communications tower even where not all of the Indian tribes involved concur in a finding of no effect or no adverse effect on historic properties.
  • Considerations of alternative communications sites and need for the proposed site are not dispositive in the absence of an adverse effect.

A copy of the FCC’s Order is available at http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db1123/DA-10-2233A1.pdf

Stay current with Fish Sign up for our Newsletter