Nokia, PCIA, Interior Urge Changes to FirstNet’s Proposed Environmental Review Rules

FirstNet should expand its proposed categorical exclusions (CEs) from National Environmental Policy Act (NEPA) assessments, Nokia Solutions and Networks and PCIA said in comments released Monday. The Department of the Interior (DOI) urged FirstNet to revise the proposed CEs to reflect DOI policies on migratory birds. FirstNet had sought public comment on the proposed CEs, which it said in the Federal Register “do not individually or cumulatively have a significant effect on the human environment and, thus, should be categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.” Comments were due Wednesday (CD Jan 8 p10).

Nokia said it believes FirstNet should include “some additional items” as CEs or modify the existing CEs to capture those additional items. FirstNet’s proposed CEs are based on the processes it completed as part of NTIA’s Broadband Technology Opportunities Program (BTOP). Both programs are required to plan and construct telecommunication and broadband infrastructure across the U.S. Nokia said in its comments that while BTOP “is a logical starting point,” FirstNet “is introducing a very different scale and scope of requirements, within the context of a budgetary environment for its construction and operation that is very likely to remain extremely challenging” (http://1.usa.gov/1lqN0wZ).

Nokia urged FirstNet to create a separate CE for cell site hardening, or include it within the proposed CE covering equipment-related modifications or additions to structures. Nokia also urged the inclusion of cell sites in the proposed CE on diesel emergency power generators. Deployable “cells on wheels” systems also deserve a separate CE, Nokia said, but added such systems could be included in the CEs covering diesel generators or equipment-related structural additions. Nokia also urged FirstNet to clarify structural additions CEs to include modifications to towers that exceed 200 feet, as many existing land mobile radio towers used by public safety entities exceed that height. The height clarification “is important for FirstNet’s ability to leverage such existing and potentially complementary infrastructure to help meet coverage and budgetary requirements, Nokia said.

PCIA urged FirstNet to modify two proposed CEs on microwave sites to “expressly encompass all wireless facilities as well as microwave facilities,” as well as clarify that both CEs include towers. Including towers in both CEs would allow FirstNet to “further its goal of leveraging, to the maximum extent economically possible, existing commercial infrastructure in its deployment and operation of the [public safety bureau network],” PCIA said. The group also urged FirstNet to provide further information on when “extraordinary circumstances” (ECs) associated with FirstNet actions would prohibit the CEs from applying. FirstNet’s notice “does not provide any discussion of the rationale for why and when ECs will negate the applicability of CEs,” PCIA said. “Without further guidance, the list of ECs may be so broad and their definitions so vague that ECs could occur with such frequency as to nullify, or at a minimum significantly erode, the use of CEs.”

PCIA also urged FirstNet to “provide more detail concerning the ‘nuts and bolts'” of its proposed NEPA and National Historic Preservation Act (NHPA) procedures, particularly how nonfederal entities are supposed to initiate a FirstNet environmental review or timelines for FirstNet to evaluate filings. FirstNet also needs to clarify which agency will lead environmental reviews, because some FirstNet projects are likely to involve the FCC or other agencies, PCIA said. The group suggested FirstNet establish a forum to collect further input before publishing its next version of the proposed rules (http://1.usa.gov/LQyrWA).

DOI said 13 of FirstNet’s proposed CEs could affect wildlife, underscoring the importance of the department’s comments on FirstNet’s proposed rules. FirstNet should include the Migratory Bird Act and the Bald and Golden Eagle Protection Act in its list of consultation requirements for NEPA reviews, as well as the wildlife included in those two laws as part of the list of environmentally sensitive resources covered as ECs, DOI said. FirstNet should also add “important resources to migratory birds,” including the Western Hemisphere Shorebird Reserve Network, as areas that have special designations to be considered “when contemplating use of a categorical exception,” DOI said. FirstNet should include language in the rules that would “ensure consideration of authorities to which NEPA is supplemental,” rather than just FirstNet, DOI said. Limiting the rules to ensuring the FirstNet mission “would severely limit the range of reasonable alternatives, and likely preclude consideration of more environmentally benign locations or construction practices,” the department said. DOI said it also wants FirstNet to be required to coordinate with federal agencies that have jurisdiction over construction and lighting of towers being built by a nonfederal entity (http://1.usa.gov/1bk4afe).