Building a Broadcast Facility? FCC Streamlines NEPA Process

Building a broadcast facility triggers federal environmental laws, which are reviewed by the FCC. Meeting the National Environmental Policy Act (NEPA) regulations have been a long and sometimes confusing process. Last week, the FCC took action to “cut through outdated and unnecessary burdens that have slowed deployment of critical communications networks.” This includes broadcasting.

In the decision the FCC stated:

“We adopt our proposal to codify the statutory definition of major Federal action (MFA), the prerequisite to trigger federal agencies’ NEPA obligations, in the Commission’s rules, and we clarify which Commission actions are MFAs. We adopt reforms to streamline other aspects of our NEPA rules, including the Commission’s requirements for categorical exclusions (CEs), environmental assessments (EAs), environmental impact statements (EISs), joint agency actions, and emergency situations. We also make changes to our rules to separate NEPA requirements from our National Historic Preservation Act (NHPA) rules to account for the revisions to environmental review rules in this Order. Throughout, we clarify the Commission’s role with respect to other statutory responsibilities, as these may have intersected with its NEPA work in the past. We issue a Further Notice seeking additional comment on our NHPA and Endangered Species Act (ESA) frameworks. Taking these actions to expedite, simplify, and reduce the costs of environmental review will help clear the way for faster and more infrastructure builds across the country and deliver significant benefits to the American public.”

The decision should help stations that are in the process of constructing new facilities. You can access the decision here.