Law360 Quotes Nathanael Watson on Downside for Wireless Industry in Following New FCC Rules

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Indian law attorney Nathanael Watson was quoted in Law360 in an article titled “FCC Rules May Spur Legal Battles Between Tribes And Feds,” published April 27, 2018. (Subscription required.) The article discusses the legal challenges that are arising in response to new rules recently approved by the FCC that exempt small cell fixtures needed for the next-generation 5G wireless networks from reviews under the National Historic Preservation Act (NHPA) and the National Environmental Policy Act. The rules have already been the subject of a proposed class action by the Crow Creek Tribe claiming the FCC exceeded its authority in interpreting the NHPA.

Meant to reduce regulatory burdens to faster and cheaper U.S. mobile broadband, the new rules may upset a relationship between tribes and the wireless industry that has worked well for both — in which tribes are kept informed of new projects that might affect tribal cultural sites and are thus subject to review under NHPA — and   could expose companies to further lawsuits.

“The risk of disturbing a site or causing problems might in some cases very much outweigh the new rule,” Watson said.

And when litigation against the FCC occurs, “companies that value their relationships with tribes will probably want to consider complying with the spirit of the old rule while the litigation takes place,” he said.

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