Federal Communications Commission DA 10-143
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Texas RSA 1 Limited Partnership dba XIT 
Wireless 
)
)
)
)
)
File No. EB-09-SE-032
Acct. No. 201032100016
FRN No. 0001678614
ORDER
Adopted:  April 9, 2010 Released:  April 9, 2010
By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) and Texas RSA 1 Limited Partnership dba XIT Wireless (“XIT”).  The 
Consent Decree terminates an investigation by the Bureau against XIT for possible violation of section 
1.1307(a)(4) of the Commission’s Rules (“Rules”) 1 regarding the construction of certain wireless 
communications facilities in Texas.
2. The Bureau and XIT have negotiated the terms of the Consent Decree that resolve this 
matter.  A copy of the Consent Decree is attached hereto and incorporated 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 which terminates 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 XIT 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 section 4(i) of the Communications Act 
of 1934, as amended,2 and sections 0.111 and 0.311 of the Commission’s Rules,3 the Consent Decree 
attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED.
  
1 47 C.F.R. § 1.1307(a)(4).
2 47 U.S.C. § 154(i).
3 47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 10-143
2
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 Marjorie Spivak, Esq., counsel for 
Texas RSA 1 Limited Partnership dba XIT Wireless, Bennet & Bennet PLLC, 10 G Street, NE, Suite 710, 
Washington, DC 20002. 
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission DA 10-143
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Texas RSA 1 Limited Partnership dba XIT 
Wireless (“XIT”)
)
)
)
)
)
File No. EB-09-SE-032
Acct. No. 201032100016
FRN No. 0001678614
CONSENT DECREE
The Enforcement Bureau (“Bureau”) and Texas RSA 1 Limited Partnership dba XIT Wireless (“XIT”), 
by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating 
the Bureau’s investigation into whether XIT violated section 1.1307(a)(4) of the Commission’s Rules 
(“Rules”)1 with respect to the construction of certain wireless communications facilities in Texas.
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. § 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) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(e) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(f) “Investigation” means the investigation commenced by the Bureau upon receipt of a 
referral from the Wireless Telecommunications Bureau regarding XIT’s possible 
violation of the Commission’s environmental regulations set forth in section
1.1307(a)(4).  
(g) “Parties” means XIT and the Bureau.
(h) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(i) “Texas RSA 1 Limited Partnership dba XIT Wireless” or “XIT” means Texas RSA 
1 Limited Partnership dba XIT Wireless and its predecessors-in-interest and 
successors-in-interest.
  
1 47 C.F.R. § 1.1307(a)(4).
Federal Communications Commission DA 10-143
2
II. BACKGROUND
2. Section 1.1307(a)(4) of the Rules requires 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”).  In considering potential effects on historic properties, 
Section 1.1307(a)(4) requires licensees to follow the prescribed procedures established by the 
Programmatic Agreements for collocated antennas2 and for historic preservation review.3 The 
Collocation and Nationwide Agreements4 are designed to tailor and streamline the review and 
consultation procedures required by the National Historic Preservation Act of 1966, as amended 
(“NHPA”),5 and the implementing regulations issued by the Advisory Council on Historic Preservation 
(“Advisory Council”).6  
3. XIT is a provider of cellular service in the Texas 1 - Dallam Cellular Market Area.  This 
market is extremely rural, consisting primarily of open ranchland in the panhandle of Texas.  XIT 
conducted a full due diligence review of its tower sites and identified several towers constructed in late 
2005 to the fall of 2006 for which XIT did not complete the historic review under Section 106 of the 
NHPA7 prior to construction.  XIT has completed the NEPA8 review for effects, including historic 
preservation, and completed the tribal participation process.  XIT’s completed environmental review, 
including the Section 106 review, concluded that no historic properties are identified in the Area of 
Potential Effects for direct effects and that there are no effects on historic properties identified in the Area 
  
2 See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to 
Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. 
denied, 20 FCC Rcd 4084 (WTB 2005) (“Collocation Agreement”).
3 See 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, No. 05-1008 (D.C. Cir. September 26, 2006) (“Nationwide Agreement”).
4 Section 1.1307(a)(4) of the Rules incorporates by reference the Collocation Agreement and the Nationwide 
Agreement. 
5 16 U.S.C. § 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. §§ 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 16 U.S.C. §§ 
470a(a)(3), (d)(6)(B), 470f, 470i.  Consistent with the Advisory Council’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. § 1.1307(a)(4); see also 36 C.F.R. § 800.2(a)(3); Nationwide 
Agreement, 20 FCC Rcd at 1076-77 ¶ 5.   
6 See 36 C.F.R. § 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. § 470v; 36 C.F.R. § 800.14(b),(c).
7 16 U.S.C. § 470f. 
8 National Environmental Policy Act of 1969, as amended, 42 U.S.C. § 4321-4335.
Federal Communications Commission DA 10-143
3
of Potential Effects for visual effects. The Commission’s Wireless Telecommunications Bureau (“WTB”) 
reviewed XIT’s Form 620’s and supporting documentation, and concurred that the towers do not have an 
effect on historic properties.  The WTB referred the matter to the Enforcement Bureau for investigation.  
III. TERMS OF AGREEMENT
4. 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 without change, addition, modification, or deletion.
5. Jurisdiction. XIT agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
6. Effective Date; Violations. The Parties agree that this Consent Decree shall become 
effective on the date on which the Bureau releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Bureau.  Any 
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement 
of a Commission Order.
7. 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 its investigation.  In consideration for the termination of said investigation, XIT 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 this investigation through the Effective 
Date of the Consent Decree, 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 XIT concerning the 
matters that were the subject of the investigation.  The Bureau also agrees that it will not use the facts 
developed in this investigation through the Effective Date of this Consent Decree, 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 XIT with respect to XIT’s basic qualifications, including its character 
qualifications, to be a Commission licensee or authorized common carrier.  
8. Compliance Plan. For purposes of settling the matters set forth herein, XIT agrees to 
maintain a Compliance Plan related to future compliance with the Act, the Commission’s Rules, and the 
Commission’s Orders.  The Plan will include, at a minimum, the following components: 
(a) XIT will implement on a company-wide basis detailed procedures to ensure 
environmental compliance.  These procedures may be altered from time to time if XIT 
determines that other procedures may better enable it to comply with the FCC’s 
environmental requirements.  XIT shall notify the Bureau and the Wireless 
Telecommunications Bureau in writing regarding any such modifications at least 25 
calendar days before they take effect and either the Bureau or the Wireless 
Telecommunications Bureau may disapprove such modification within 25 calendar days 
of their receipt of XIT’s notification.  
(b) XIT has recently commissioned and made part of its internal procedures “A Scope of 
Work for Compliance with the FCC’s Environmental Rules” manual.  The “Scope of 
Work” manual describes the FCC’s environmental requirements and the federal laws and 
policies that are cited in or related to the FCC’s environmental rules.  It also spells out in 
detail the responsibilities for environmental compliance of XIT’s outside consultants 
Federal Communications Commission DA 10-143
4
dealing with tower construction and those employees within XIT who supervise the 
consultants and the methods by which environmental compliance will be assured at each 
stage of the tower construction process.  Attached to the “Scope of Work” manual are 
“checklists” by which responsible XIT employees may track environmental compliance 
for each new and collocated tower. 
(c) XIT will provide annual training to its employees responsible for environmental 
compliance to ensure that they are aware of their responsibilities to ensure compliance 
with environmental requirements by XIT. XIT will oversee any consultant it may employ 
to ensure compliance with the environmental requirements.  
(d) XIT has recently appointed an experienced Regulatory Compliance Manager, who is 
thoroughly familiar with the FCC’s environmental requirements.  He will monitor and 
supervise XIT’s regulatory compliance efforts.
(e) Compliance Reports.  XIT will file compliance reports with the Commission ninety (90) 
days after the Effective Date, twelve (12) months after the Effective Date, and twenty-
four (24) months after the Effective Date.  Each report will identify all of XIT’s Section 
106 reviews that were active during the reporting period.  For each such Section 106
review, XIT will specify the dates of any FCC Form 620 submission to the State Historic 
Preservation Officer and notification to tribes, local governments and the public, as well 
as the resolution or current status of the review.  Each report shall also include a 
compliance certificate from an officer, as an agent of XIT, stating that the officer has 
personal knowledge that XIT has established operating procedures intended to ensure 
compliance with this Consent Decree, together with an accompanying statement 
explaining the basis for the officer’s compliance certification.   All reports shall be 
submitted to 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 Jackie Ellington at 
Jackie.Ellington@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
(f) Termination.  Unless stated otherwise, the requirements of this Consent Decree will 
expire twenty-four (24) months from the Effective Date.
9. 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 XIT 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 complaint 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 XIT of the Act, the rules, or the Order.
10. Voluntary Contribution. XIT agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of twenty five thousand dollars ($25,000.00). The payment will be 
made within thirty (30) days after the Effective Date of the Adopting Order.  The payment must be made 
by check or similar instrument, payable to the order of the Federal Communications Commission.  The 
payment must include the Account Number and FRN Number referenced in the caption to the Adopting 
Order.  Payment by check or money order may be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.  Payment 
by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account 
Federal Communications Commission DA 10-143
5
number 27000001.  For payment by credit card, an 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).  XIT shall also 
send electronic notification on the date said payment is made to Jackie Ellington at 
Jackie.Ellington@fcc.gov and to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.
11. Waivers. XIT 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 adopting the Consent 
Decree without change, addition, modification, or deletion.  XIT 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 XIT nor the Commission shall contest the validity of the Consent Decree or the Adopting 
Order, and XIT shall waive any statutory right to a trial de novo.  XIT hereby agrees to waive any claims 
it may otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et 
seq., relating to the matters addressed in this Consent Decree.
12. 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.
13. 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 XIT does not expressly consent) 
that provision will be superseded by such Commission rule or Order.
14. Successors and Assigns. XIT agrees that the provisions of this Consent Decree shall be 
binding on its successors, assigns, and transferees.  
15. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  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 requirements of the Act or the Commission’s Rules and 
Orders.
16. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
17. 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.
18. Authorized Representative. Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
Federal Communications Commission DA 10-143
6
19. 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.
________________________________
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
________________________________
Date
Texas RSA 1 Limited Partnership dba XIT 
Wireless
By: _____________________________
Darrell F. Dennis
General Manager
 _________________________________
Date