About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-330041 1 (2018-05-17)

handle is hein.gao/gaobadurg0001 and id is 1 raw text is: 



A            O        U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-330041


May 17, 2018

The Honorable John Thune
Chairman
The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Greg Walden
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Federal Communications Commission: Accelerating Wireless Broadband Deployment
        by Removing Barriers to Infrastructure Investment

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Communications Commission (the Commission) entitled
Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment (FCC 18-30). We received the rule on April 6, 2018. It was published in the
Federal Register as a final rule on May 3, 2018. 83 Fed. Reg. 19,440. The rule is effective
July 2, 2018.

The final rule makes a threshold legal determination that the deployment of small wireless
facilities by non-federal entities is neither an undertaking within the meaning of the National
Historic Preservation Act nor a major federal action under the National Environmental
Protection Act. Although the rule clarifies that the deployment of small wireless facilities on non-
tribal lands will not be subject to certain federal historic preservation and environmental review
obligations, the rule leaves undisturbed its existing requirement that the construction and
deployment of larger wireless facilities, including those deployments that are regulated in
accordance with the Commission's antenna structure registration system or subject to site-by-
site licensing, must continue to comply with those environmental and historic preservation
review obligations. The rule also amends the process for tribal participation in historic
preservation reviews for large wireless facilities where such reviews are still required; removes
the requirement that applicants file Environmental Assessments solely due to the location of a
proposed facility in a floodplain, as long as certain conditions are met; and establishes
timeframes for the Commission to act on Environmental Assessments.

Enclosed is our assessment of the Commission's compliance with the procedural steps required
by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most