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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:

  • LPFM Station Fined $15,000 for Airing Commercial Advertisements
  • FCC Issues Notices to the Landowners of Sixteen Pirate Radio Sites
  • Telecommunications Carrier Pays $227,200 To Resolve 911 Outage Investigation

Violations of Noncommercial Broadcasting Underwriting Laws Result in $15,000 Penalty for Low Power FM Station

The licensee of a Colorado low power FM (LPFM) radio station must pay a $15,000 penalty for airing commercial advertisements in violation of the Communications Act and the FCC’s rules for noncommercial broadcasting.

All LPFM radio stations are licensed as noncommercial educational stations and are therefore prohibited from airing advertisements (defined as programming material broadcast “in exchange for any remuneration” and intended to “promote any service, facility, or product” of for-profit entities).  Such stations are permitted to identify contributors and underwriters that provide financial support to the station but may not promote a contributor or underwriter’s products, services, or businesses.  The FCC articulated its noncommercial broadcasting policy in a 1981 Report and Order, explaining that “[t]the Commission’s interest in creating a ‘noncommercial’ service has been to remove the programming decisions of public broadcasters from the normal kinds of commercial market pressures under which broadcasters in the unreserved spectrum usually operate.”  In exchange, LPFM and other noncommercial stations benefit from being exempt from regulatory fees and from having fewer regulatory requirements than those imposed on commercial stations.

In 2015, the FCC started receiving complaints about an LPFM station airing advertisements and began investigating and monitoring the station in 2018.  The investigation found that over a period of three months in 2018 the station aired more than 1,600 advertisements promoting the products, services, or business of at least 14 of the station’s financial contributors, including a steakhouse, shoe store, and jeweler.  The FCC issued a Notice of Apparent Liability for Forfeiture (NAL) in 2020 proposing a $15,000 fine.

The licensee did not dispute the FCC’s findings but filed a response to the NAL requesting a reduction or elimination of the proposed penalty based on its inability to pay and history of compliance with the FCC’s Rules and citing consent decrees in which the FCC agreed to reduce proposed fines.  The FCC reviewed the station’s financial statements and IRS filings and the record of advertisement complaints made about the station and ultimately decided that no reduction or elimination of the forfeiture was warranted.  In releasing the Forfeiture Order affirming the $15,000 fine, the FCC distinguished the facts underlying the cited consent decrees and also noted that consent decrees are negotiated between a party and the FCC and have no precedential value on third parties.

FCC’s Pirate Radio Enforcement Targets Sixteen Landowners Across New York and New Jersey

As we discussed last May, the Enforcement Bureau (Bureau) has turned its attention to the landowners of illegal broadcast radio (colloquially known as “pirate radio”) sites.  Last month, the Bureau issued sixteen warnings to New York and New Jersey landowners for apparently allowing illegal pirate radio broadcasting from their respective properties.  The Communications Act prohibits the transmission of radio signals without prior FCC authorization because such signals can, among other things, pose risks to public safety by interfering with licensed operations such as air traffic control. Continue reading →

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June 1 is the deadline for broadcast stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, New Mexico, Nevada, Ohio, Utah, Virginia, West Virginia, and Wyoming to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances,[1] (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.

Deadline for the Annual EEO Public File Report for Nonexempt Radio and Television SEUs

Consistent with the above, June 1, 2023 is the date by which Nonexempt SEUs of radio and television stations licensed to communities in the states identified above, including Class A television stations, must (i) place their Annual EEO Public File Report in the Public Inspection Files of all stations comprising the SEU, and (ii) post the Report on the websites, if any, of those stations.  LPTV stations are also subject to the broadcast EEO Rule, even though LPTV stations are not required to maintain a Public Inspection File.  Instead, these stations must maintain a “station records” file containing the station’s authorization and other official documents and must make it available to an FCC inspector upon request.  Therefore, if an LPTV station has five or more full-time employees, or is otherwise part of a Nonexempt SEU, it must prepare an Annual EEO Public File Report and place it in its station records file.

These Reports will cover the period from June 1, 2022 through May 31, 2023.  However, Nonexempt SEUs may “cut off” the reporting period up to ten days before May 31, so long as they begin the next annual reporting period on the day after the cut-off date used in the immediately preceding Report.  For example, if the Nonexempt SEU uses the period June 1, 2022 through May 21, 2023 for this year’s report (cutting it off up to ten days prior to May 31, 2023), then next year, the Nonexempt SEU must use a period beginning May 22, 2023 for its report.

Deadline for Performing Menu Option Initiatives

The Annual EEO Public File Report must contain a discussion of the Menu Option initiatives undertaken during the preceding year.  The FCC’s EEO Rule requires each Nonexempt SEU to earn a minimum of two or four Menu Option initiative-related credits during each two-year segment of its eight-year license term, depending on the number of full-time employees and the market size of the Nonexempt SEU.

  • Nonexempt SEUs with between five and ten full-time employees, or that are located in “smaller markets,” must earn at least two Menu Option credits over each two-year segment.
  • Nonexempt SEUs with 11 or more full-time employees and which are not located in “smaller markets” must earn at least four Menu Option credits over each two-year segment.

The SEU is deemed to be located in a “smaller market” for these purposes if the communities of license of the stations comprising the SEU are (1) in a county outside of all metropolitan areas, or (2) in a county located in a metropolitan area with a population of less than 250,000 persons.

Because the filing date for license renewal applications varies depending on the state in which a station’s community of license is located, the time period in which Menu Option initiatives must be completed also varies.  Radio and television stations licensed to communities in the states identified above should review the following to determine which current two-year segment applies to them:

  • Nonexempt radio station SEUs licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, New Mexico, Nevada, Utah, Virginia, West Virginia, and Wyoming, must heave earned at least the required minimum number of Menu Option credits during the two year “segment” between June 1, 2021 and May 31, 2023, as well as during the previous two-year “segments” of their license terms.
  • Nonexempt radio station SEUs licensed to communities in Michigan and Ohio must earn at least the required minimum number of Menu Option credits during the two-year “segment” between June 1, 2022 and May 31, 2024, as well as during the previous two-year “segments” of their license terms.
  • Nonexempt television station SEUs licensed to communities in Michigan and Ohio must have earned at least the required minimum number of Menu Option credits during the two-year “segment” between June 1, 2021 and May 31, 2023, as well as during the previous two-year “segments” of their license terms.
  • Nonexempt television station SEUs licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, New Mexico, Nevada, Utah, Virginia, West Virginia, and Wyoming must earn at least the required minimum number of Menu Option credits during the two-year “segment” between June 1, 2022 and May 31, 2024, as well as during the previous two-year “segments” of their license terms.

Recommendations

It is critical that every SEU maintain adequate records of its performance under the EEO Rule and that it practice overachieving when it comes to earning the required number of Menu Option credits.  The FCC will not give credit for Menu Option initiatives that are not duly reported in an SEU’s Annual EEO Public File Report or that are not adequately documented.  Accordingly, before an Annual EEO Public File Report is finalized and made public by posting it on a station’s website or placing it in the Public Inspection File, the draft document, including supporting material, should be reviewed by communications counsel.

Finally, note that the FCC is continuing its program of EEO audits.  These random audits check for compliance with the FCC’s EEO Rule, and are sent to approximately five percent of all broadcast stations each year.  Any station may become the subject of an FCC audit at any time.  For more information on the FCC’s EEO Rule and its requirements, as well as practical advice for compliance, please contact any of the attorneys in Pillsbury’s Communications Practice.

A PDF of this article can be found at EEO Public File Deadline. 

[1] In light of the significant layoffs and workforce reductions caused by the COVID-19 pandemic, the FCC has waived the requirement that broadcasters engage in broad outreach when rehiring employees that were laid off in connection with the COVID-19 pandemic, but only where the employee is rehired within nine months of being laid off.  Additional information on this limited waiver of EEO obligations can be found in our CommLawCenter article on this subject.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:

  • Repeated Failure to Pay Annual Regulatory Fees Puts Texas Station License in Jeopardy
  • FCC Proposes First-Ever PIRATE Act Fines, Including $2 Million-Plus Statutory Maximum
  • Failure to File License Renewal Applications Brings $13,500 Proposed Fine for Utah Television Translator Stations

Texas Radio Station at Risk of Losing License Over Unpaid Regulatory Fees

A Texas AM radio station’s license is at risk over the licensee’s failure to pay regulatory fees for nine years, dating back to Fiscal Year 2012.  The licensee owes more than $36,000 in fees before accounting for associated interest, late penalties, and administrative costs.

Under Section 9 of the Communications Act of 1934 and Section 1.1151 of the FCC’s Rules, the FCC each year assesses regulatory fees on its regulatees to cover the costs of operating the agency.  The fees are typically due during the last two weeks of September so that the agency is fully funded at the start of the federal government’s fiscal year on October 1.  When payments are late or incomplete, the Communications Act and FCC Rules require a penalty assessment of 25% of the fee owed plus interest.

When regulatory fees or interest go unpaid, the FCC is authorized to revoke licenses and authorizations.  In this case, the FCC sent demand letters to the licensee and its counsel, but payments were still not made.  In an Order to Pay or Show Cause, the FCC gives the licensee 60 days to file with the Media Bureau documentation that all outstanding regulatory fee debts have been paid or to show cause why the payments are inapplicable or should be waived or deferred.  The Media Bureau notes that failure to provide evidence of payment or to show cause within the time specified may result in revocation of the station’s license.

Revocation normally requires a hearing, but only if the licensee presents a substantial and material question of fact as to whether the fees are owed.  If a hearing is designated on that basis, the FCC can require the licensee to pay for the costs of the hearing if the licensee does not prevail.

FCC Exercises Its PIRATE Act Monetary Penalty Authority for First Time

In a pair of Notices of Apparent Liability for Forfeiture (NAL), the FCC proposed fines of $2,316,034 and $80,000 against brothers in New York and an individual in Oregon, respectively, for unauthorized radio broadcasting.  The Preventing Illegal Radio Abuse Through Enforcement Act (known as the PIRATE Act) gave the FCC authority to take enforcement action against the pirates themselves and also against landlords and property owners who knowingly and willfully allow pirates to broadcast from their properties.  Illegal broadcast operations can interfere with licensed communications and pose a danger to the public by interfering with licensed stations that carry public safety messages, including Emergency Alert System transmissions.  These proposed fines are the first time the FCC has proposed fines using its PIRATE Act authority. Continue reading →

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April 1 is the deadline for broadcast stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.  In addition, certain of these stations, as detailed below, must submit their two most recent EEO Public File Reports along with FCC Form 2100, Schedule 396 as part of their license renewal applications due by April 3.

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances,[1] (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:

  • Failure to File License Renewal Application Results in Cancelled License
  • Call Provider Receives Cease-and-Desist Letter From FCC for Apparently Transmitting Illegal Robocalls
  • New York Broadcaster Agrees to Consent Decree for Violations Relating to the Public Inspection File

Station Owner Unsuccessful in Reinstatement of Cancelled License After Failing to File Renewal Application

In a recent letter, the Audio Division of the FCC’s Media Bureau (the “Bureau”) upheld the cancellation of a Kentucky AM radio station’s license.  The letter follows a 2022 petition for reconsideration filed by the station’s owner that sought, among other things, to reinstate the station’s license after the station failed to file a license renewal application in 2020, while its prior license renewal application from 2012 was still pending.  Section 1.106 of the FCC’s Rules requires petitions for reconsideration in non-rulemaking proceedings, such as license renewal matters, to be filed within thirty days of the date on which public notice is given of a decision.

The station filed a license renewal application in 2012 during the 2011-2014 radio license renewal cycle. Action on that application was withheld while the Enforcement Bureau investigated the station’s compliance with the FCC’s public file rules and because the licensee had not paid regulatory fees and was in “red light” status.  In 2017, the FCC notified the licensee that the Enforcement Bureau had concluded its investigation and directed the licensee to amend the application to reflect the station’s non-compliance with the public file rules and to also clear the red light hold.  The licensee did not amend the application or clear the hold, and the application remained in pending status.

License renewal applications for Kentucky radio stations were next due by April 1, 2020.  In advance of the start of the 2019-2022 radio license renewal cycle, the FCC released a public notice setting out the procedures for stations to follow when filing for renewal of their license.  In that notice, the FCC wrote that “[l]icensees with pending applications from the prior renewal cycle also are subject to [these] filing requirements.”  The station owner did not file a license renewal application by the April 1, 2020 deadline and the station was included in a public notice stating that the station’s license would expire on August 1, 2020, if no renewal application was filed.  On August 6, 2020, the FCC released another public notice—this one stating that the station’s license had been cancelled, and on the same day dismissed the 2012 renewal application but did not release a public notice about that action.  After outreach from the owner’s counsel, Media Bureau staff on March 16, 2022 reinstated and granted the 2012 application, with no explanation for doing so in the public notices that accompanied those actions, but otherwise left the station’s license in cancelled status.

In the petition for reconsideration, the station owner argued that when the Bureau reinstated and granted the 2012 application in 2022, it should have also rescinded the 2020 cancellation of the license.  The owner argued that reinstatement of the 2012 application should have reinstated the license for the station, giving him the opportunity to file the license renewal application that was due in 2020.  The station owner further noted that he was unaware of the 2020 public notice announcing that the station’s license was set to expire and that, in any event, he was not required to file a renewal application in 2020 because the 2012 renewal application was still pending, meaning he did not hold a license with an August 2020 expiration, so no license could have expired at that time. Continue reading →

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The FCC announced this afternoon that due to continuing difficulties with its Licensing Management System (“LMS”) and Online Public Inspection File (“OPIF”) filing systems, the deadlines to file or upload a number of documents are being extended.  The new deadline for these documents will be February 28, 2023.

As we previously discussed, the FCC released a Public Notice on January 6, 2023 acknowledging that issues with its OPIF filing system were preventing broadcasters from uploading documents to their Public Files.  In response, the Commission announced an extension of all January 2023 Public File deadlines to January 31, 2023.  That prior announcement left in place the deadlines for: (a) Children’s Television Programming Reports (which are filed in LMS, not in the OPIF), (b) Annual EEO Public File Reports for stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, Oklahoma, New Jersey and New York (normally due February 1), and (c) license renewal applications for television stations in New York and New Jersey (normally due February 1).  Today’s announcement not only further extends the deadline for January Public File uploads, but now includes these additional filings in the new extension.

As a result of today’s Public Notice, the deadlines that would normally fall on January 10 for stations to upload Quarterly Issues Programs Lists, on January 30 for television stations to upload Annual Children’s Television Commercial Limits documentation, and on February 1 for stations in the above states to upload Annual EEO Public File Reports to their Public Files are all extended until February 28, 2023.  In addition, the deadlines that would normally fall on January 30 for television stations to file their Annual Children’s Television Programming Reports and on February 1 for television stations in New York and New Jersey to file their license renewal applications in LMS are also extended until the new February 28, 2023 deadline.

Given the technical difficulties that have plagued the OPIF and LMS all month, along with the fact that many broadcasters will be trying to make two months’ worth of FCC filings in the last few days leading up to February 28, broadcasters are well advised to do all that they can to avoid being part of that last minute filing crush.  Of course, that will require the Commission’s filing systems to cooperate.  Stay tuned.

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February 1 is the deadline for broadcast stations licensed to communities in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.  In addition, certain of these stations, as detailed below, must submit their two most recent EEO Public File Reports along with FCC Form 2100, Schedule 396 as part of their license renewal applications due by February 1. 

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances,[1] (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.  As discussed below, nonexempt SEUs must submit to the FCC their two most recent Annual EEO Public File Reports when they file their license renewal applications.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group. Continue reading →

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The FCC announced late this afternoon that all items required to be placed in the Online Public Inspection File (“OPIF”) between January 1 and January 31, 2023 may now be uploaded to the OPIF by January 31, 2023 and be considered timely.  The FCC released a Public Notice today announcing that the OPIF filing system has been experiencing technical difficulties since at least January 1, 2023, necessitating the extension.

This extension impacts, among other things, broadcasters’ Quarterly Issues-Programs Lists, normally due on January 10, 2023, and television stations’ 2022 annual certification of compliance with the commercial limits in children’s programming, which would normally be due on January 30, 2023.  Note that the extension does not affect the filing deadline for television stations’ 2022 Annual Children’s Television Programming Report due on January 30, 2023, because that filing is submitted via the FCC’s Licensing and Management System and then is automatically transferred into the OPIF.  Accordingly, television stations should be sure to file that Report by the normal January 30th deadline.

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The FCC’s Public Safety & Homeland Security Bureau has announced that technical updates to the EAS Test Reporting System (“ETRS”) have been completed and the ETRS is open and available to accept filings of Form One by EAS participants. Under the FCC’s EAS Rules, EAS participants must update their identifying information annually via a Form One filing. This is typically done in connection with a nationwide EAS test. However, the Federal Emergency Management Agency did not conduct such a test in 2022, and has not yet announced a 2023 nationwide test. Therefore, the Form One must be submitted independently of a test to comply with the annual updating requirement.

All broadcasters are generally required to submit a Form One, including low power FM stations, Class D noncommercial educational FM stations, and stations that are silent pursuant to a grant of Special Temporary Authority. Certain broadcasters are exempt from filing a Form One, including:

  • TV translator stations;
  • FM booster stations;
  • FM translator stations that entirely rebroadcast the programming of other local FM broadcast stations; and
  • Stations that operate as satellites or repeaters of a hub station (or common studio or control point if there is no hub station) and rebroadcast 100 percent of the programming of the hub station (or common studio or control point). Note that the hub station (or common studio or control point) must file a Form One.

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Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Violations of Environmental, Historic Preservation, and Tribal Notification Rules Lead to $950,000 Penalty
  • Proposed $300 Million Fine Follows Largest-Ever FCC Robocall Investigation
  • Deceased Licensee’s Estate to Pay $7,000 Penalty for Failing to File Required Applications and Documents

Wireless Provider Pays $950,000 for Violating Environmental, Historic Preservation, and Tribal Notification Rules

A national wireless provider entered into a consent decree with the FCC’s Enforcement Bureau, agreeing to pay $950,000 for violating the FCC’s environmental and historic preservation rules, as well as rules requiring entities to coordinate with relevant state governments and tribal nations in the construction of communications sites.

To resolve the FCC’s investigation, the company admitted to prematurely constructing wireless facilities before completing the required environmental and historic preservation reviews and by constructing wireless facilities without onsite monitoring as requested by the affected tribes.  Under Section 1.1307(a)(4) of the FCC’s Rules, applicants and licensees must assess whether proposed facilities may significantly affect the environment and whether the proposed facilities may affect districts, sites, buildings, structures, or objects that are listed (or eligible for listing) in the National Register of Historic Places, or may affect Native American religious sites.  Applicants must also follow other rules set out by the Advisory Council on Historic Preservation or the National Historic Preservation Act Review Process, as applicable.

By early 2020, the company began deploying newer wireless technology, commonly known as small cells.  Small cell antennas are used to improve wireless service and can be mounted to streetlight poles, utility poles, or even traffic control structures.  During the summer of 2020, the company began constructing the small cell antennas that are the subject of the Consent Decree.  After the company reported concerns regarding its compliance with the environmental rules to the FCC, the Commission opened an investigation and issued a Letter of Inquiry (“LOI”) to the company in January 2022.  The company filed several responses to the LOI throughout 2022.  Ultimately, the Commission determined that the company began and or/completed building wireless facilities in three states prior to, or without completing, the required review process and Tribal notification process.  The FCC also concluded that the company failed to comply with Tribal notification procedures in two states.  While some of the noncompliant construction was found to have been caused by a miscommunication between the company and its third-party contractors, other violations were the result of a company employee who lacked expertise on the National Environmental Policy Act and National Historic Preservation Act requirements.  Before and during the FCC’s investigation, the company stated that it had begun the process of removing any wireless facilities found to have an adverse effect on historic streets. Continue reading →