AT&T Mobility, LLC proposes the construction of a new telecommunications facility in Brownsville, Texas. The facility will include a 193-foot monopole tower with a six-foot lightning rod bringing the total overall height to 199 feet, and support equipment within a 100-foot by 100-foot lease area with a 4594-foot by 20-foot access and utility easement.  The access/utility easement extends east then north from the lease area to terminate at Boca Chica Boulevard. The total area to be included in the proposed project is 2.34-acre.

The First Responder Network Authority (FirstNet Authority), as both an independent federal authority and a licensee of the FCC, must satisfy its own National Historic Preservation Act (NHPA) and National Environmental Policy Act (NEPA) requirements as well as comply with FCC-promulgated NHPA and NEPA procedures. Since the primary purpose for the construction of this tower is to establish adequate coverage of the nationwide public safety broadband network (NPSBN) in this area, the FirstNet Authority will assume the role of lead agency for NHPA and NEPA compliance. 

With concurrence from the Texas Historical Commission (TXSHPO), FirstNet Authority has determined that the proposed project will have an Adverse Effect (visual) on a Historic Property and a National Historic Landmark (NHL) – the Palmito Ranch Battlefield. The public was initially notified of this proposed project on December 5, 2019 in The Brownsville Herald, and public comments were requested. The Federal Communications Commission’s (FCC) Tower Construction Notification System (TCNS) was used to identify federally-recognized tribes that may have an interest in consulting on the proposed project. Tribes were consulted at the beginning of the Section 106 of NHPA process and then again when the adverse effect to this historic property was identified.  Local government and other potentially interested parties were also consulted. To date, no tribes, local government, or other parties have expressed an interest in consulting on the proposed project. Consulting parties involved in the Section 106 of NHPA process include the FCC, U.S. Fish and Wildlife Service (USFWS), Department of Interior, National Park Service, TXSHPO, and American Battlefield Trust.

The consulting parties reviewed alternatives that would eliminate or reduce the effects of the proposed tower on the Palmito Ranch Battlefield, and no reasonable alternatives were identified due to coverage requirements, use incompatibility of federal lands, and lack of other appropriate privately owned land. The public was notified of the adverse effect and determination of the consulting parties on March 27, 2021 in The Brownsville Herald, and public comments were requested. The consulting parties considered potential measures to mitigate the potential adverse effects to the historic property. The mitigation option that was chosen by the consulting parties consists of AT&T constructing a new interpretation area in a location selected by USFWS for the interpretation of the Union Force’s involvement in the Battle of Palmito Ranch of the U.S. Civil War.  This new interpretive area shall integrate and complement existing visitor experiences and interpretive signage within the battlefield. The interpretation areas will include an observation deck, three interpretation panels, an Americans with Disabilities Act-compliant walkway, a parking lot, and fencing to prevent vehicular access to the adjacent areas of the wildlife refuge.  The consulting parties negotiated a Memorandum of Agreement (MOA) to commit the responsible agencies to carry out the undertaking in accordance with the terms of the agreement in satisfaction with their responsibilities under Section 106 of NHPA.  The MOA would serve as both the FirstNet Authority and FCC compliance with NHPA.

NEPA provides a framework to evaluate the impact of major federal actions on the environment and allows the public the opportunity to provide input on implementation alternatives. NEPA requires federal agencies to integrate environmental values into their decision-making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. The FirstNet Authority is required to examine the environmental, social, historic, and cultural impacts of its proposed actions before it irretrievably commits resources to undertake them. Through AT&T, the FirstNet Authority has prepared an Environmental Assessment (EA) that analyzes the direct, indirect, and cumulative impacts of the alternative approaches to the deployment, operation, and maintenance of the proposed project on natural, cultural, and social resources. Please see AT&T’s consultant’s EA for additional detailed environmental analysis.