September 28, 2016–The Competition and Infrastructure Policy Division of the FCC’s Wireless Telecommunications Bureau told Union Pacific Railroad today that it has violated the agency’s rules implementing the National Environmental Policy Act of 1969 (NEPA) and other environmental statutes and rules. “The Wireless Telecommunications Bureau has determined that UP violated Sections 1.923, 1.929., 1.947, 1.1307(a)(4), 1.1307(a)(6), 1.1308(a), 1.1311(a), 1.1312(b), and Part 1, Appendix C of the Commission’s rules by constructing and operating a 120-foot tower in a floodplain, without first performing the required environmental and historic preservation review,” the division said in a letter to the railroad.
The tower is in West Matoon Creek, Kan. “Future violations may result in additional action, including the imposition of monetary penalties, pursuant to the Wireless Telecommunications Bureau’s authority under 47 C.F.R. § 0.111(a)(11) or via referral to the Commission’s Enforcement Bureau. Furthermore, UP’s conduct at issue in this letter may provide grounds for an upward adjustment in the amount of a penalty.”