WASHINGTON-The Federal Communications Commission on Monday proposed fining Western Wireless Corp. $200,000 for constructing and continuing to operate a 180-foot tower in Medora, N.D., on a ridge overlooking a historic area.
The proposed fine, known as a notice of apparent liability, is the first time the FCC has enforced its historic preservation environmental rules.
“Enforcement action, where necessary, will be an integral part of this approach as demonstrated by our action today,” said FCC Chairman Michael Powell, referring to his recently announced environmental action plan.
In addition to the proposed monetary fine, the FCC also warned Western that it must either cease operation of the tower or bring the tower into compliance within 30 days. Finally, Western must file an environmental assessment.
The tower in question is a “visual intrusion” on the Chateau de Mores State Historic Site, the de Mores Packing Plant State Historic Site, the Theodore Roosevelt Maltese Cross Cabin and the Peaceful Valley Ranch, Michael Simonson told the FCC in 1999. Simonson is the review and compliance coordinator for the State Historical Society of North Dakota.
The FCC has tried to informally work with Western and the State Historical Society of North Dakota all to no avail.
“We are currently reviewing the NAL and look forward to resolving this matter at the FCC. We are confident that our actions and continuing service to the public is consistent with existing environmental regulations and with the public interest,” said Gene Dejordy, Western’s vice president of regulatory affairs.
