Wireless Industry Group Supports Compromise
The Tower Siting Policy Alliance, representing 2 tower companies and 3 major wireless carriers including Cingular, said in a filing at the FCC it would support a compromise offered by historic preservationists on the National Programmatic Agreement (NPA) on wireless towers, if that will lead to a successful agreement. The offer comes amidst reports the NPA may still get an FCC vote this week.
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“This industry group will support the best and most inclusive reasonable compromise available for the industrial area exclusion that will allow prompt adoption of the NPA,” the alliance said in an ex parte filing at the FCC. “If the language proposed by the Trust will achieve that goal, we can accept inclusion of that proposal in the NPA.”
The National Trust for Historic Preservation, which hoped to tighten the “exclusion” rules in the NPA, filed an ex parte letter in late Aug. seeking a compromise with carriers on exclusions. Other members of the alliance include American Tower, T-Mobile USA, SBA Communications and Western Wireless.
A vote on the NPA could come soon, as early as the Sept. 9 agenda meeting. The FCC stopped just short of placing the NPA on the sunshine notice Thurs., after some lobbyists close to the issue had speculated through the day it was headed for the agenda. Sources say Chmn. Powell may still put the NPA on the agenda before Thurs., which would be unusual but not unprecedented.
Questions will remain even if the FCC votes for the NPA. Three parties must sign the agreement - the FCC, the National Conference of State Historic Preservation Officers (NCSHPO) and the Advisory Council on Historic Preservation. NCSHPO signoff, at least, isn’t guaranteed.
The NCSHPO board has had a copy of the NPA several months, but under FCC rules hasn’t been allowed to share it with the membership. Nancy Schamu, exec. dir., told us the board decided in March that the full membership has to agree, and she awaited an order she can circulate.
“We're where we've been since March,” she said. “It’s not completed until I sign it.” Schamu said she hoped to circulate the NPA and get a response from the state officers within a month of its public release.
The alliance reminded the FCC that the original proposal, without the proposed compromise, came after years of negotiations. “It was the product of many contentious hours of discussion and many compromises on the part of all participants,” the group said. “The alliance believes that the sincere and productive work that was put into the NPA should not go to waste. Although none in industry are aware of what changes the Commission may have made to the NPA, and therefore industry must reserve the right to challenge any objectionable new provisions, nevertheless these industry members believe that the Commission should adopt the NPA as soon as possible.”
“It’s hard to read too much into it when we don’t know the real reason [it was placed on the agenda],” said a source who represents wireless carriers. “It’s obvious that something has happened to cause at least the chairman to decide this needs to move. I think the industry is largely happy to see this released after such a long gestation period.”
A 2nd carrier lobbyist said Powell appears ready to get the NPA issue behind the FCC and move to other issues. “Industry has mixed feelings,” the lobbyist said. “It’s been a long time since we've seen the agreement. The elephant in the room is, what is this going to do to tribal consultation? The status quo is a problem, but at this point it’s the devil that we know.”