WASHINGTON-The Federal Communications Commission has rescinded a proposed $200,000 fine against Western Wireless for operating a transmitter on a historic site in North Dakota.
The FCC said Western Wireless made good-faith efforts to address the historic preservation issues and that mitigation proposals could potentially resolve the adverse effect from the Medora tower.
At the same time, the agency said its action should not be interpreted as a policy retreat.
“Based on the unique circumstances at issue, we conclude that it is appropriate as a matter of equity to cancel the NAL (Notice of Apparent Liability) and not to impose a forfeiture here,” the FCC stated. “We emphasize that our decision here to cancel the NAL was based on the unusual and unique facts and circumstances of this case and does not represent a more generalized weakening of our enforcement obligations. In the future, if entities fail to prepare and file EAs (environmental assessments) and the facts and circumstances warrant enforcement action, we will take such action.”
In a separate statement, FCC Chairman Michael Powell appeared to reluctantly support the fine reversal.
“I note … that the commission recently revised its environmental rules to implement a Nationwide Programmatic Agreement that tailors, streamlines, and clarifies the procedures for evaluating the effects of undertakings on historic properties under the National Historic Preservation Act,” said Powell.
“The new rule makes clear that the provisions of the Nationwide Programmatic Agreement are mandatory and binding upon applicants, and that non-compliance with its procedures will subject a party to potential enforcement action,” added Powell. “Given the clarity of the procedures specified in the Nationwide Programmatic Agreement, I would find it particularly difficult to excuse a failure to follow these mandatory steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations.”
