WASHINGTON-The Federal Communications Commission has proposed fining a carrier for building a tower without seeking the proper authorization.
The FCC wants to fine 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 stop operating 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 & compliance coordinator for the State Historical Society of North Dakota.
The tower was built without getting the necessary FCC approval, said the agency.
The FCC has tried to work informally 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.
In other tower news, a federal appeals court heard more on towers vs. birds.
The FCC is better suited to determine the cumulative impact of towers on migratory birds than individual licensees, the Forest Conservation Council, the Friends of the Earth and the American Bird Conservancy told a federal appeals court last week.
“The FCC-not applicants for individual towers who now prepare [environmental assessments]-is best suited to assess the cumulative impact of the tens of thousands of towers registered and soon to be registered,” said the groups in a filing at the U.S. Court of Appeals for the District of Columbia Circuit.
The groups are trying to have the D.C. Circuit force the FCC to undertake an environmental impact statement on whether migratory birds are killed by flying into towers.
The research is not conclusive as to whether the towers kill the birds by the birds flying into them or whether the lighting-required under Federal Aviation Administration rules-for towers over 200 feet attracts and then confuses the birds.
The groups were not impressed by a notice of proposed rule making. “The FCC persists in its refusal to comply with (certain laws). Instead it proposes an amorphous undefined, and yet to be issued `Notice of Inquiry’ and to `clarify’ the ESA’s consultation process-a process used daily by numerous agencies. It seeks to justify this continuing violation of (the law) by arguing that it is under no deadline, that scientific uncertainty prevents compliance and that it has more important priorities. These arguments have no merit. In the mean time, communications towers would continue to proliferate at a breakneck pace,” said the groups.
