I have had NEPA take 9 years to finish on some BLM turf.
From: Lewis Bergman
Sent: Monday, October 28, 2019 9:44 PM
To: AnimalFarm Microwave Users Group
Subject: Re: [AFMUG] Tower lawyer
Well, First, an ASR isn't required on anything 200 foot or under. So is it over
200 foot? If yes and you don't plan on renting space out to someone else you
technically don't need an ASR. You can get an ASR for almost any structure
regardless of height. ASR's make some things easier, like getting licensed PTP
links and letting people find the tower that might want to rent it for
instance. If it is over 200 foot or already has an ASR,
I won't bore you with the story but the fact it has no NEPA will likely only
matter to a carrier. You can actually get an ASR and self certify that a NEPA
isn't required in about 15 minutes if you have all the info in front of you and
know what you are doing. The only reason you need a NEPA anyway is that the
Feds say you need one to get an ASR, which is a Fed thing. No ASR needed, no
NEPA required. NEPA can be frustrating. I spent months doing the work, hiring
experts, etc, etc. all to come to the conclusion that no NEPA was required. It
seems cyclical but the bottom line is you can do all the studies and if they
come back clean the only place it is recorded is in the E-106 study, not the
ASR.I'll show you an example of what I mean. The tower below had a full
NEPA/NHPA
ASR 1302897
Here is the Enviro section. As you can see, it says " Environmental
Notification is complete and an Environmental Assessment is not required. " You
don't know it isn't required until you do it, but the effect of doing is the
same as if you just clicked the box that it isn't required, one isn't needed.
You can't submit an assessment if one isn't required, at least not the last
time I did one. Kind of Catch 22 but if you tell the FCC that they can't even
underatand why you would say that.
Environmental Compliance
Does the applicant request a Waiver of the Commission's rules for
environmental notice? Is the applicant submitting an Environmental Assessment?
No No
Is another Federal Agency taking responsibility for environmental
review? Does the applicant certify to No Significant Environmental Effect
pursuant to Section
No Yes
Reason for another Federal Agency taking responsibility for
environmental review Basis for Certification
Environmental Notification is complete and an Environmental
Assessment is not required.
Name of Federal Agency Local Notice Date
05/25/2017
National Notice Date
05/30/2017
Anyway, up to you for what its worth. The bottom line, you are not required to
do anything if you don't want an ASR. If you do, you have to start playing the
Feds games.
On Mon, Oct 28, 2019 at 2:30 PM Roland Houin <[email protected]> wrote:
My concern is that there are rumors that this site may not have been
compliant with fcc requirements.
Tower installed after 2000, no nepa?
Want to make sure that there aren’t any suprises…
Thanks for the advice..
Roland
From: AF <[email protected]> On Behalf Of [email protected]
Sent: Monday, October 28, 2019 3:13 PM
To: AnimalFarm Microwave Users Group <[email protected]>
Subject: Re: [AFMUG] Tower lawyer
Funny, when I saw the original post my first thought was: “do whatever Lewis
says to do”
From: Lewis Bergman
Sent: Monday, October 28, 2019 6:11 PM
To: AnimalFarm Microwave Users Group
Subject: Re: [AFMUG] Tower lawyer
In my experience, lawyers are really good at screwing up deals. But, if you
are buying an asset, there aren't a lot of legal issues that follow assets
other than sales taxes. I'm not saying you don't need a lawyer, just that a lot
of lawyers gum up the negotiations so bad you can't get a deal done. To save
money and time you should a very well defined idea of what the lawyer is going
to do for you and communicate that. They aren't experts in everything and they
charge you for the time it takes them to learn stuff.
The last tower I bought from Crown Castle all I got was a bill of sale. No
contract, no nothing.
On Mon, Oct 28, 2019 at 11:08 AM Roland Houin <[email protected]> wrote:
Does anyone have recommendation for a lawyer etc to handle tower issued.
I’m thinking of purchasing a tower, & want to make sure it’s compliant with
todays legal issues.
Roland
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