Verizon to pay $950K FCC fine for building wireless facilities without environmental, historical reviews

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Verizon fine overview:

• Who: The Federal Communications Commission has fined Verizon $950,000.
• Why: Verizon allegedly constructed wireless facilities that failed to comply with the FCC’s environmental and historic preservation rules.
• Where: The Consent Decree was filed with the FCC in Washington, DC.

Verizon Wireless must pay the Federal Communications Commission (FCC) a $950,000 fine for allegedly constructing wireless facilities that failed to comply with the FCC’s environmental and historic preservation rules, Law360 reported.

Verizon has admitted it prematurely constructed Verizon facilities before the required historical or environmental reviews were completed, and that the construction was completed without onsite monitoring requested by affected tribes, according to the FCC order.

In addition to the $950,000 civil penalty, the wireless communications company has also agreed to implement a compliance plan to ensure it does not violate the FCC’s rules in the future.

FCC requires assessment before construction on sites that may have historical, environmental impact

The FCC requires applicants and licensees to assess whether their proposed facilities could significantly impact the environment. In some cases, the commission requires an Environmental Assessment to be prepared before the facility is constructed.

According to the explanation in the FCC’s consent decree, an environmental assessment is required before construction of facilities on sites that may be listed in the National Register of Historic Places, that may affect Native American religious sites or that will involve significant alterations to surface features.

The FCC says these environmental review obligations apply to wireless facilities that otherwise do not require pre-construction authorization.

FCC investigation found Verizon facilities violations stemmed from miscommunication, inexperienced employee

Verizon reportedly began constructing small scale antennas as early as June 2020 without first obtaining the necessary assessments, the FCC says. The commission launched an investigation into the Verizon facilities construction based on a referral from the Wireless Telecommunications Bureau.

On Jan. 5, 2022, the FCC sent Verizon a series of questions regarding its compliance with the environmental rules, and Verizon filed sworn written responses. The FCC investigation found that construction of Verizon facilities were commenced in Indiana, Kentucky and Pennsylvania without obtaining the required pre-construction assessments.

Verizon also reportedly failed to allow tribal on-site monitoring for construction projects in Arizona and Tennessee.

These violations were reportedly related to miscommunications between Verizon and third-party contractors, and by an employee who managed the project sites but who did not have experience with the FCC’s historical and environmental rules.

Verizon recently asked a federal judge to force arbitration in a class action lawsuit alleging it tacks on hidden fees to its purportedly flat-rate monthly wireless plan.

Do you think the Verizon fine is a reasonable penalty for violating the FCC’s rules? Let us know in the comments.

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