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Law360 (June 26, 2020, 5:26 PM EDT) -- The Federal Communications Commission on Thursday unveiled an electronic process to speed up approval for 5G wireless infrastructure builds on federally designated historic sites and tribal lands during the coronavirus pandemic, when many Americans have been relying on high-speed internet services during quarantine.
The process — developed in conjunction with the Advisory Council on Historic Preservation — allows wireless licensees to use an online portal to request expedited reviews of essential projects and emergency authorization for infrastructure builds deemed necessary to properly respond to the pandemic.
"Internet connectivity is more important than ever," FCC Chairman Ajit Pai said in a statement. "Wireless infrastructure has connected consumers and delivered a lot of value during this pandemic, and the processes announced today will ensure that urgently needed projects can move forward."
The new process is in response to the closure of state and tribal offices due to COVID-19, which has impacted the offices' ability to review historic preservation concerns around proposed builds in a timely manner. The advisory council notified the FCC of the issue in April, according to the commission.
While the FCC said many offices have reopened and it was in contact with tribal partners whose infrastructure builds were affected by the office closures due to the pandemic, some urgently needed projects remain delayed indefinitely.
"I want to commend the Advisory Council on Historic Preservation as well for working with us to develop these processes that will ensure that even more Americans can realize the benefits that a high-speed internet connection can deliver," FCC Commissioner Brendan Carr said in a statement.
According to a Thursday notice announcing the process, FCC licensees may request accelerated historic preservation reviews of projects that respond to the pandemic. They can also ask the commission for emergency authorizations for their projects if they address public safety concerns or critical infrastructure needs, bring coverage to underserved areas or relieve network congestion.
The commission said it specifically reached out to tribes whose offices remained closed to possibly help them get emergency authorizations for proposed projects.
Reid Nelson, director of the Office of Federal Agency Programs at the ACHP, told Law360 on Friday that the FCC's new process was consistent with the conditions the FCC had outlined with the ACHP at the beginning of the pandemic.
Tribes have raised concerns about 5G infrastructure construction projects affecting historic and tribal lands before. In 2018, a group of tribes asked the D.C. Circuit to halt an FCC order that exempted the 5G projects from tribe consultation, and environmental and historic reviews. The order would permit the "desecration of historic sites," the tribes said at the time.
In August, the court sided with the tribes in the case, ruling that the FCC did not sufficiently justify the exemptions from reviews. The court remanded the order to the commission.
--Additional reporting by Danielle Nichole Smith and Christopher Cole. Editing by Kelly Duncan
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