US Operator Fined for Illegal Cell Phone Tower

The US telecoms regulator, the FCC has proposed a fine of US$200,000 against the rural cellular operator, Western Wireless for operating radio transmitting equipment from an unauthorized location in violation of the Communications Act.

Western constructed a 180-foot tower on a ridge overlooking Medora, North Dakota, near sites that are listed or eligible for listing in the National Register of Historic Places ("National Register"). The NAL concludes that Western's tower significantly affects these Historic Properties and that Western was required to comply with the Commission's environmental rules and obtain authorization prior to constructing its tower and operating from the tower. As a result, Western did not have authority to operate its tower and its continued unauthorized operation apparently violates Section 301 of the Communications Act.

This is the first case in which the Commission has proposed a monetary forfeiture for an unlawful operation that stems from an apparent failure to comply with the Commission's environmental rules.

The FCC's Chairman, Michael Powell commented "I recently announced a comprehensive, proactive approach for addressing the Commission's responsibilities in the communications tower-siting area. Enforcement action, where necessary, will be an integral part of this approach as demonstrated by our action today."

"As I described in the Action Plan, the siting of communications towers places a number of worthy, but competing, federal interests in tension -- widespread deployment of advanced telecommunications networks, the protection of birds and endangered species, aviation safety, and the preservation of historic and cultural sites, to name a few. Balancing these interests requires cooperation from a number of interested parties -- including state and federal agencies, Indian tribes, environmental groups, and the communications and tower industries."

Posted to the site on 14th May 2003