Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) ) UINTAH BASIN ELECTRONIC ) TELECOMMUNICATIONS, LLC ) D/B/A STRATA NETWORKS ) ) To: The Commission PETITION FOR DECLARATORY RELIEF AND IN ALTERNATIVE INFORMAL REQUEST FOR COMMISSION ACTION NORTHWEST BAND OF SHOSHONE NATION SKULL VALLEY BAND OF GOSHUTE INDIANS Stephen Díaz Gavin RIMON, P.C. 1717 K Street, N.W., Suite 900 Washington, D.C. 20006 (202) 871-3772
[email protected] Their Counsel Dated: March 27, 2020 Summary Section 106 of the National Historic Preservation Act (“NHPA”) provides that Native American tribes be afforded the opportunity to be consulted regarding the means by which adverse effects on historic property will be considered before the construction of the undertaking.1 In the context of antenna towers and communications facilities, the Commission has made clear that applicants and licensees are required to assess whether certain proposed facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules, specifically including construction that might disturb Native American religious sites. In re Sprint Corporation (Consent Decree), 33 FCC Rcd 3440 (Enforcement Bur. 2018). See also In re Nationwide Agreement Regarding the Section 106 [NHPA] Review Process (Section 106 Agreement), 20 FCC Rcd 1073 (2004). The D.C. Circuit of the U.S. Court of Appeals has only recently reiterated that the Commission has a binding legal duty under the NHPA to consider the impact of radio tower constructions on sites of historical, cultural and religious importance to the Native American tribes. United Keetoowah Band of Cherokee Indians in Okla.