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 STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 In  the  Matter  of  Western  Wireless  Corporation  and  WWC  Holding  Co.,  Inc. 
 On  all  the  facts  of  this  matter,  I  support  the  Commission’s  decision  to  cancel  the  Notice  of  Apparent  Liability  for  Forfeiture  previously  issued  against  Western  Wireless  Corporation  and 
 WWC  Holding  Co.,  Inc.  I  note,  however,  that  the  Commission  recently  revised  its  environmental  rules  to  implement  a  Nationwide  Programmatic  Agreement  that  tailors,  streamlines,  and  clarifies 
 the  procedures  for  evaluating  the  effects  of  undertakings  on  historic  properties  under  the  National  Historic  Preservation  Act.  1  The  new  rule  makes  clear  that  the  provisions  of  the  Nationwide 
 Programmatic  Agreement  are  mandatory  and  binding  upon  applicants,  and  that  non-  compliance  with  its  procedures  will  subject  a  party  to  potential  enforcement  action.  2  Given  the  clarity  of  the 
 procedures  specified  in  the  Nationwide  Programmatic  Agreement,  I  would  find  it  particularly  difficult  to  excuse  a  failure  to  follow  these  mandatory  steps  going  forward.  Accordingly,  I  expect 
 to  consider  the  existence  of  this  revised  rule  in  assessing  whether,  and  the  amount  in  which,  a  forfeiture  is  appropriate  in  the  event  of  future  rule  violations. 


 1  Nationwide  Programmatic  Agreement  Regarding  the  Section  106  National  Historic  Preservation  Act 
 Review  Process,  WT  Docket  No.  03-  128,  Report  and  Order,  FCC  04-  222  (rel.  Oct.  5,  2004).  2 
 Id.  at  ¶  169. 
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