FCC Clarifies Rules for Tower Notification and Response from Indian Tribes or NHOs
October 12, 2005
Applicants proposing to install communications towers or antennas on properties deemed to have religious or cultural significance to federally recognized Indian tribes or native Hawaiian organizations (NHOs) are required to comply with the notification requirements of the Nationwide Programmatic Agreement (NPA). The FCC has clarified rules regarding the obligations of applicants when no response is received from an Indian tribe or NHO to a tower notification.
The FCC said that it would notify affected Indian tribes or NHO's if they failed to respond after a wireless provider or tower applicant made two "good faith" efforts over a 40 day period to notify them of the proposed communications tower or antenna. If the Indian tribe(s) or NHO still didn't respond within 20 days of the commission's notice, the FCC would determine that the affected parties had no interest in reviewing the proposed facility.
Details are in this FCC news release The rules take effect immediately.