Call To Action: FCC Seeks Comments on NEPA and NHPA Permitting Rules

The Federal Communications Commission (FCC) is seeking comments on a new Notice of Proposed Rulemaking (NPRM) titled “Modernizing the Commission’s National Environmental Policy Act Rules.” In response to amendments made to the National Environmental Policy Act (NEPA) in 2023, and Executive Order (EO) 14154 “Unleashing American Energy,” the FCC requests feedback on how it should revise its rules to “streamline the environmental review process, promote efficiency, and encourage deployment of infrastructure that results in more competition and technological innovation.” It also seeks comment on whether updates to existing NEPA review rules may impact its National Historic Preservation Act (NHPA) review guidelines, and whether updates to those processes may also be warranted. 

The NPRM acknowledges that the issues discussed may uniquely affect Tribal Nations. Tribes seeking government-to-government consultation with the FCC may contact the Office of Native Affairs and Policy at [email protected]. 

The NPRM was published in the federal register on August 19. Interested parties may file comments via the FCC’s Electronic Comment Filing System (ECFS). Comments are due within 30 days on September 18. Reply comments are due October 3. 

For additional information about this NPRM, interested parties may contact Jennifer Flynn with the FCC’s Wireless Telecommunications Bureau at [email protected].