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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                            
                                                                         
                                            )                            
                                                                         
                                            )   File No.: EB-10-SE-172   
     In the Matter of                                                    
                                            )   Acct. No.: 201232100036  
     Caprock Cellular Limited Partnership                                
                                            )   FRN: 0001665900          
                                                                         
                                            )                            
                                                                         
                                            )                            


                                     ORDER

   Adopted: August 7, 2012 Released: August 7, 2012

   By the Chief, Enforcement Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau (Bureau) of the Federal Communications
       Commission (Commission), Caprock Cellular Limited Partnership, and its
       managing general partner, CR Telco, Inc. (Caprock). The Consent Decree
       resolves and terminates the Bureau's investigation into Caprock's
       compliance with Sections 1.1307(a)(4) and 1.1312(a) of the
       Commission's rules (Rules) pertaining to the required assessment of
       the potential effect on the environment of the construction of a
       wireless communications facility.

    2. The Bureau and Caprock have negotiated the Consent Decree that
       resolves this matter. A copy of the Consent Decree is attached hereto
       and incorporated herein by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether Caprock possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
       of the Communications Act of 1934, as amended, and Sections 0.111 and
       0.311 of the Rules, the Consent Decree attached to this Order IS
       ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Jim Whitefield, President and Chief Executive Officer,
       CR Telco, Inc., Managing General Partner of Caprock Cellular Limited
       Partnership, P.O. Box 119, 121 E. Third Street, Spur, Texas 79370, and
       to Marjorie Spivak, Esq., counsel for Caprock Cellular Limited
       Partnership, Bennet & Bennet, PLLC, 6124 MacArthur Boulevard,
       Bethesda, MD 20816.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                            
                                                                         
                                            )                            
                                                                         
                                            )   File No.: EB-10-SE-172   
     In the Matter of                                                    
                                            )   Acct. No.: 201232100036  
     Caprock Cellular Limited Partnership                                
                                            )   FRN: 0001665900          
                                                                         
                                            )                            
                                                                         
                                            )                            


                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   Caprock Cellular Limited Partnership, by their authorized representatives,
   hereby enter into this Consent Decree for the purpose of terminating the
   Enforcement Bureau's investigation into possible violations of Sections
   1.1307(a)(4) and 1.1312(a) of the Commission's rules pertaining to the
   required assessment of the potential effect on the environment of the
   construction of a wireless communications facility.

   I. DEFINITIONS

    1. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Caprock Cellular Limited Partnership" or "Caprock" means Caprock
       Cellular Limited Partnership and its managing general partner, CR
       Telco, Inc., as well as their predecessors-in-interest and
       successors-in-interest.

    e. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    f. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Caprock is subject by virtue of its business activities,
       including but not limited to, the Environmental Laws.

    g. "Compliance Plan" means the compliance obligations, program, and
       procedures described in this Consent Decree at paragraph 10.

    h. "Covered Employees" means all employees and agents of Caprock who
       perform, or supervise, oversee, or manage the performance of, duties
       that relate to Caprock's responsibilities under the Environmental
       Rules.

    i. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    j. "Environmental Rules" means Sections 1.1307(a)(4) and 1.1312(a) of the
       Rules and other Communications Laws implementing the National
       Environmental Policy Act of 1969, as amended.

    k. "Investigation" means the investigation commenced by the Bureau in
       response to a referral from the Wireless Telecommunications Bureau
       regarding Caprock's possible violations of Sections 1.1307(a)(4) and
       1.1312(a) of the Rules.

    l. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by Caprock to implement
       the Compliance Plan.

    m. "Parties" means Caprock and the Bureau, each of which is a "Party."

    n. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    2. Section 1.1307(a)(4) of the Rules requires applicants and licensees to
       consider whether their proposed facilities would affect properties
       listed or eligible for listing (historic properties) in the National
       Register of Historic Places (National Register). This obligation
       expressly applies to facilities for which no pre-construction
       authorization is required. In considering the potential effects on
       historic properties, applicants and licensees must, under Section
       1.1307(a)(4) of the Rules, follow the prescribed procedures
       established by the Programmatic Agreements for collocated antennas and
       for historic preservation review. The Collocation Agreement and the
       Nationwide Agreement are designed to tailor and streamline in the
       context of communications tower and antenna construction the review
       and consultation procedures required by the National Historic
       Preservation Act of 1966, as amended (NHPA), and the implementing
       regulations issued by the Advisory Council on Historic Preservation
       (Advisory Council). Section 1.1307(a)(4) became effective on March 7,
       2005.

    3. Caprock is a Tier III wireless carrier serving rural areas in Texas.
       On March 17, 2005, Caprock notified the FCC via ASR No. 1246558 that
       it had completed construction of a replacement tower located at
       Barnett Ranch in Guthrie, Texas, on March 15, 2005. At the time
       construction was completed, Caprock had not yet performed the required
       review of the tower's potential effects on historic properties.
       Caprock explained that it believed that construction of the
       replacement tower was exempt from the requirements of Section
       1.307(a)(4). Caprock subsequently determined that the Burnett Ranch
       tower did not qualify as a replacement tower "because the height of
       the replacement tower was substantially increased and the boundaries
       of the original site were expanded by more than 30 feet."

    4. After conducting the required historic preservation review of the
       Barnett Ranch tower, Caprock submitted on July 12, 2010, its FCC Form
       620 (FCC Wireless Telecommunications Bureau New Tower (NT) Submission
       Packet) to the Texas Historic Commission State Historic Preservation
       Officer (Texas SHPO). The Texas SHPO subsequently stated that if it
       had been consulted prior to construction of the Barnett Ranch tower,
       it likely would not have found any adverse effect on historic
       properties from the construction of the facility. After reviewing
       these substantive environmental filings, including the findings of the
       Texas SHPO, WTB referred the matter to the Bureau for investigation
       and possible enforcement action. The Bureau and Caprock entered into
       tolling agreements to toll the statute of limitations.

   III. TERMS OF AGREEMENT

    5. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

    6. Jurisdiction. Caprock agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and that the Bureau
       has the authority to enter into and adopt this Consent Decree.

    7. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date as defined herein. As of
       the Effective Date, the Adopting Order and this Consent Decree shall
       have the same force and effect as any other order of the Commission.
       Any violation of the Adopting Order or of the terms of this Consent
       Decree shall constitute a separate violation of a Commission order,
       entitling the Commission to exercise any rights and remedies attendant
       to the enforcement of a Commission order.

    8. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of the
       Investigation, Caprock agrees to the terms, conditions, and procedures
       contained herein. The Bureau further agrees that in the absence of new
       material evidence, the Bureau will not use the facts developed in the
       Investigation through the Effective Date, or the existence of this
       Consent Decree, to institute on its own motion any new proceeding,
       formal or informal, or take any action on its own motion against
       Caprock concerning the matters that were the subject of the
       Investigation. The Bureau also agrees that in the absence of new
       material evidence it will not use the facts developed in the
       Investigation through the Effective Date, or the existence of this
       Consent Decree, to institute on its own motion any proceeding, formal
       or informal, or take any action on its own motion against Caprock with
       respect to Caprock's basic qualifications, including its character
       qualifications, to be a Commission licensee or to hold Commission
       authorizations.

    9. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, Caprock shall designate a senior corporate manager
       with the requisite corporate and organizational authority to serve as
       Compliance Officer and to discharge the duties set forth below. The
       person designated as the Compliance Officer shall be responsible for
       developing, implementing, and administering the Compliance Plan and
       ensuring that Caprock complies with the terms and conditions of the
       Compliance Plan and this Consent Decree. In addition to the general
       knowledge of the Communications Laws necessary to discharge his/her
       duties under this Consent Decree, the Compliance Officer shall have
       specific knowledge of the Environmental Rules prior to assuming
       his/her duties.

   10. Compliance Plan. For purposes of settling the matters set forth
       herein,  Caprock agrees that it shall within sixty (60) calendar days
       after the Effective Date, develop and implement a Compliance Plan
       designed to ensure future compliance with the Communications Laws and
       with the terms and conditions of this Consent Decree. With respect to
       the Environmental Rules, Caprock shall implement the following
       procedures:

   (a) Operating Procedures on Environmental Rules. Within sixty (60)
   calendar days after the Effective Date, Caprock shall establish Operating
   Procedures that all Covered Employees must follow to help ensure
   compliance with the Environmental Rules. Caprock's Operating Procedures
   shall include internal procedures and policies specifically designed to
   ensure that Caprock performs the required review of the potential effects
   on the environment and on historic properties of any proposed facilities,
   including facilities for which no pre-construction authorization is
   required, prior to the initiation of construction of such proposed
   facilities. In connection with this Consent Decree, Caprock has developed
   a Scope of Work for Compliance with the FCC's Environmental Rules (Scope
   of Work), which Caprock shall incorporate into its Operating Procedures.
   The Scope of Work sets forth the procedures that Caprock's third-party
   contractors and Covered Employees who supervise and manage such
   third-party contractors shall follow to ensure compliance with the
   Environmental Rules at each stage of the tower construction process.
   Caprock's Operating Procedures shall incorporate a Compliance Checklist
   that describes the steps that a Covered Employee must follow to determine
   whether construction of the proposed facility is categorically excluded
   from environmental processing under Section 1.1306 of the Rules or may
   have a significant environmental effect, as defined in Section 1.1307 of
   the Rules. Caprock shall periodically review and revise the Operating
   Procedures, including the Scope of Work, as necessary to ensure that it
   remains current and complete and to enhance its effectiveness.

   (b) Compliance Manual. Within sixty (60) calendar days after the Effective
   Date, the Compliance Officer shall develop and distribute a Compliance
   Manual to all Covered Employees. The Compliance Manual shall explain the
   Environmental Rules and set forth the Operating Procedures that Covered
   Employees shall follow to help ensure Caprock's compliance with the
   Environmental Rules. Caprock shall periodically review and revise the
   Compliance Manual as necessary to ensure that the information set forth
   therein remains current and complete. Caprock shall distribute any
   revisions to the Compliance Manual promptly to all Covered Employees.

   (c) Compliance Training. Caprock shall establish and implement a
   Compliance Training Program on compliance with the Environmental Rules and
   the Operating Procedures. As part of the Compliance Training Program,
   Covered Employees shall be advised of Caprock's obligation to report any
   noncompliance with the Environmental Rules under paragraph 11 of this
   Consent Decree and shall be instructed on how to disclose noncompliance to
   the Compliance Officer. All Covered Employees shall be trained pursuant to
   the Compliance Training Program within sixty (60) calendar days after the
   Effective Date,  except that any person who becomes a Covered Employee at
   any time after the Effective Date shall be trained within thirty (30)
   calendar days after the date such person becomes a Covered Employee.
   Caprock shall repeat the compliance training on an annual basis, and shall
   periodically review and revise the Compliance Training Program as
   necessary to ensure that it remains current and complete and to enhance
   its effectiveness.

   11. Reporting Noncompliance. Caprock shall report any noncompliance with
       the Environmental Rules and with the terms and conditions of this
       Consent Decree within fifteen (15) calendar days after discovery of
       such noncompliance. Such reports shall include a detailed explanation
       of (i) each instance of noncompliance; (ii) the steps that Caprock has
       taken or will take to remedy such noncompliance; (iii) the schedule on
       which such proposed remedial actions will be taken; and (iv) the steps
       that Caprock has taken or will take to prevent the recurrence of any
       such noncompliance. All reports of noncompliance shall be submitted to
       the Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, S.W., Rm. 3C366,
       Washington, D.C. 20554, with copies submitted electronically to Linda
       Nagel at Linda.Nagel@fcc.gov and to Ricardo Durham at
       Ricardo.Durham@fcc.gov.

   12. Compliance Reports. Caprock shall file Compliance Reports with the
       Commission ninety (90) calendar days after the Effective Date, twelve
       (12) months after the Effective Date, and twenty-four (24) months
       after the Effective Date.

    a. Each Compliance Report shall include a detailed description of
       Caprock's efforts during the relevant period to comply with the terms
       and conditions of this Consent Decree and the Environmental Rules. In
       addition, each Compliance Report shall include a certification by the
       Compliance Officer, as an agent of and on behalf of Caprock, stating
       that the Compliance Officer has personal knowledge that Caprock (i)
       has established and implemented the Compliance Plan; (ii) has utilized
       the Operating Procedures since the implementation of the Compliance
       Plan; and (iii) is not aware of any instances of noncompliance with
       the terms and conditions of this Consent Decree, including the
       reporting obligations set forth in paragraph 11 hereof.

    b. The Compliance Officer's certification shall be accompanied by a
       statement explaining the basis for such certification and must comply
       with Section 1.16 of the Rules and be subscribed to as true under
       penalty of perjury in substantially the form set forth therein.

    c. If the Compliance Officer cannot provide the requisite certification,
       the Compliance Officer, as an agent of and on behalf of Caprock, shall
       provide the Commission with a detailed explanation of the reason(s)
       why and describe fully (i) each instance of noncompliance; (ii) the
       steps that Caprock has taken or will take to remedy such
       noncompliance, including the schedule on which proposed remedial
       actions will be taken; and (iii) the steps that Caprock has taken or
       will take to prevent the recurrence of any such noncompliance,
       including the schedule on which such preventive action will be taken.

    d. All Compliance Reports shall be submitted to the Chief, Spectrum
       Enforcement Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, S.W., Rm. 3C366, Washington, D.C. 20554.
       All reports shall also be submitted electronically to Linda Nagel at
       Linda.Nagel@fcc.gov and to Ricardo Durham at Ricardo.Durham@fcc.gov.

   13. Termination Date. Unless stated otherwise, the obligations set forth
       in paragraphs 9 through 12 of this Consent Decree shall expire
       twenty-four (24) months after the Effective Date.

   14. Section 208 Complaints; Subsequent Investigations. Nothing in this
       Consent Decree shall prevent the Commission or its delegated authority
       from adjudicating complaints filed pursuant to Section 208 of the Act
       against Caprock or its affiliates for alleged violations of the Act,
       or for any other type of alleged misconduct, regardless of when such
       misconduct took place. The Commission's adjudication of any such
       complaints will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by Caprock with the Communications Laws.

   15. Voluntary Contribution.  Caprock agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of six
       thousand five hundred dollars ($6,500) within thirty (30) calendar
       days after the Effective Date.  Caprock shall also send electronic
       notification of payment to Linda Nagel at Linda.Nagel@fcc.gov, Ricardo
       Durham at Ricardo.Durham@fcc.gov, and Samantha Peoples at
       Sam.Peoples@fcc.gov on the date said payment is made. The payment must
       be made by check or similar instrument, wire transfer, or credit card,
       and must include the NAL/Account number and FRN referenced above.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted. When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other ID)
       and enter the letters "FORF" in block number 24A (payment type code).
       Below are additional instructions you should follow based on the form
       of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   If you have questions regarding payment procedures, please contact the
   Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov.

     1. Waivers. Caprock waives any and all rights it may have to seek
        administrative or judicial reconsideration, review, appeal or stay,
        or to otherwise challenge or contest the validity of this Consent
        Decree and the Adopting Order, provided the Bureau issues an Adopting
        Order as defined herein. Caprock shall retain the right to challenge
        Commission interpretation of the Consent Decree or any terms
        contained herein. If either Party (or the United States on behalf of
        the Commission) brings a judicial action to enforce the terms of the
        Adopting Order, neither Caprock nor the Commission shall contest the
        validity of the Consent Decree or the Adopting Order, and Caprock
        shall waive any statutory right to a trial de novo. Caprock hereby
        agrees to waive any claims it may have under the Equal Access to
        Justice Act relating to the matters addressed in this Consent Decree.

   17. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

   18. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent Rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which Caprock does not expressly
       consent), that provision will be superseded by such Rule or Commission
       order.

   19. Successors and Assigns. Caprock Cellular Limited Partnership and CR
       Telco, Inc. agree that the provisions of this Consent Decree shall be
       binding on their successors, assigns, and transferees.

   20. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation. The Parties further agree that this
       Consent Decree does not constitute either an adjudication on the
       merits or a factual or legal finding or determination regarding any
       compliance or noncompliance with the Communications Laws.

   21. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   22. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   23. Authorized Representative. The individual signing this Consent Decree
       on behalf of Caprock represents and warrants that he is authorized by
       Caprock Cellular Limited Partnership and CR Telco, Inc. to execute
       this Consent Decree and to bind Caprock to the obligations set forth
       herein. The FCC signatory represents that he is signing this Consent
       Decree in his official capacity and that he is authorized to execute
       this Consent Decree.

   24. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   ____________________________

   John D. Poutasse

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   ____________________________

   Date

   ____________________________

   Jim Whitefield

   President and Chief Executive Officer

   CR Telco, Inc., the managing general partner of Caprock Cellular Limited
   Partnership

   ____________________________

   Date

   47 C.F.R. S:S: 1.1307(a)(4), 1.1312(a).

   47 U.S.C. S:S: 154(i), 503(b).

   47 C.F.R. S:S: 0.111, 0.311.

   47 C.F.R. S:S: 1.1307(a)(4), 1.1312(a).

   National Environmental Policy Act of 1969, Pub. L. No. 91-190, 83 Stat.
   852 (1970), as amended (codified at 42 U.S.C. S:S: 4321-4347).

   See 47 C.F.R. S:S: 1.1307(a)(4), 1.1312(a).

   See 47 C.F.R. S: 1.1307(a)(4). Although the current version of Section
   1.1307(a)(4) became effective March 7, 2005, the prior version of Section
   1.1307(a)(4) also required the preparation of an Environmental Assessment
   for "[f]acilities that may affect districts, sites, buildings, structures
   or objects, significant in American history, architecture, archeology,
   engineering or culture, that are listed, or are eligible for listing, in
   the National Register of Historic Places." 47 C.F.R. 1.1307(a)(4) (2004).

   Id. S: 1.1312(a) ("In the case of facilities for which no Commission
   authorization prior to construction is required by the Commission's rules
   and regulations the licensee or applicant shall initially ascertain
   whether the proposed facility may have a significant environmental impact
   as defined in S: 1.1307 of this part ....").

   See id. Part 1, App. B (Collocation Agreement); see also Wireless
   Telecommunications Bureau Announces Execution of Programmatic Agreement
   with respect to Collocating Wireless Antennas on Existing Structures,
   Public Notice, 16 FCC Rcd 5574 (Wireless Tele. Bur. 2001), recon. denied,
   20 FCC Rcd 4084 (Wireless Tele. Bur. 2005).

   See id. Part 1, App. C (Nationwide Agreement); see also Nationwide
   Programmatic Agreement Regarding the Section 106 National Historic
   Preservation Act Review Process, Report and Order, WT Docket No. 03-128,
   20 FCC Rcd 1073 (2004), clarified, 20 FCC Rcd 17995 (2005), aff'd,
   CTIA-The Wireless Ass'n. v. FCC, 466 F.3d 105 (D.C. Cir. 2006) (Nationwide
   Agreement Report and Order).

   Section 1.1307(a)(4) of the Rules incorporates by reference the
   Collocation Agreement and the Nationwide Agreement. The Nationwide
   Agreement attaches standardized packets for review of collocated antenna
   construction (FCC Form 621) and new tower construction (FCC Form 620). See
   Nationwide Agreement Report and Order, 20 FCC Rcd at 1179-1201, Appendix
   B, Attachments 3 and 4.

   16 U.S.C. S: 470 et seq. The NHPA requires that a federal agency consider
   the effects of its federal undertakings, including actions that it
   authorizes or approves, on historic properties prior to issuing federal
   licenses, permits, or approvals. See 16 U.S.C. S:S: 470f, 470w(7). In
   considering such effects, the NHPA further requires the federal agency to
   consider the views of expert agencies. Specifically, the NHPA requires the
   federal agency to consider the views of the Advisory Council on Historic
   Preservation, the agency tasked with the responsibility for implementing
   the NHPA, the appropriate State Historic Preservation Officer, and, if
   affected historic properties are of religious or cultural significance to
   Indian Tribes or Native Hawaiian organizations, their representatives. See
   id. S:S: 470a(a)(3), (d)(6)(B), 470f, 470i. Consistent with the Advisory
   Council on Historic Preservation's regulations, the Commission's
   Environmental Rules delegate the task of identification and initial
   consideration of the effects that proposed facilities may have on historic
   properties, including identifying and ensuring contact is made with
   potentially affected Indian Tribes, to its licensees, permittees, and
   applicants, but the Commission remains ultimately responsible for
   enforcement of the Environmental Rules. See 47 C.F.R. S: 1.1307(a)(4); see
   also 36 C.F.R. S: 800.2(a)(3); Nationwide Agreement Report and Order, 20
   FCC Rcd at 1076-77, para. 5.

   See 36 C.F.R. S: 800.1 et seq. Under the NHPA and the Advisory Council's
   implementing regulations, a federal agency may, with the agreement of the
   Advisory Council and the relevant State Historic Preservation Officer or
   the National Conference of State Historic Preservation Officers, adopt
   Programmatic Agreements to tailor the historic preservation review and
   consultation procedures, as well as exempt actions that are unlikely to
   affect historic properties. See 16 U.S.C. S: 470v; 36 C.F.R. S:
   800.14(b),(c).

   Caprock is managed by its general partner, CR Telco, Inc., a wholly owned
   subsidiary of Cap Rock Telephone Cooperative, Inc., which provides
   communications service to underserved areas of rural Texas.

   See Letter from Marjorie Spivak, Esq., Bennet & Bennet PLLC, counsel to
   Caprock Cellular Limited Partnership, to Dan Abeyta, Spectrum and
   Competition Policy Division, FCC Wireless Telecommunications Bureau (May
   20, 2010) (May 20 Letter) (on file in EB-10-SE-172) at 2. However, Caprock
   also states that it believes that construction of the Barnett Ranch tower
   may have been completed prior to March 7, 2005. Id. We note that similar
   NEPA requirements would have applied to the construction of the Barnett
   Ranch tower even if construction was completed prior to March 2005. See
   supra note 4.

   May 20 Letter  at 1.

   Id. at 2.

   Id. The Nationwide Agreement exempts from historic preservation review the
   construction of a replacement tower "that does not substantially increase
   the size of the existing tower . . . and that does not expand the
   boundaries of the leased or owned property surrounding the tower by more
   than 30 feet in any direction. . . ." Nationwide Agreement Report and
   Order, Appendix B, 20 FCC Rcd at B-1.

   See, e.g., Tolling Agreement Extension, File No. EB-10-SE-172, executed by
   and between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
   Enforcement Bureau, and Jim Whitefield, General Manager, Managing General
   Partner, CR Telco, Inc. (Apr. 13, 2012).

   47 C.F.R. S: 1.16.

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
   (codified at 5 U.S.C. S: 504); see also 47 C.F.R. S:S: 1.1501-1.1530.

   Federal Communications Commission DA 12-1273

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   Federal Communications Commission DA 12-1273