Washington, DC — In a cautionary tale of a tech company taking advantage of a federal agency, Yellowstone National Park has waived millions of dollars in right-of-way (ROW) fees for 187 miles of buried fiber-optic cable, according to documents obtained by Public Employees for Environmental Responsibility (PEER). To access the cable itself, the park will have to spend millions to lay spurs to connect with the cable. Meanwhile, questions remain about potential damage to Yellowstone’s thermal resources from the extensive excavation required.

Yellowstone is now engaged in the biggest single expansion of wireless capacity in its history, with 187 miles of fiber-optic cable being laid and the addition of at least four new cell towers, all by one company, Diamond Communications. In its approval process, the National Park Service (NPS) –

• First demanded an annual ROW fee that would rise to more than $200,000 per year for the cable. This fee is supposed to be based on its market value;
• Then, after Diamond objected, it suddenly waived the annual fee in its entirety, even though the then-current regulation authorized a waiver only if the cable was for exclusive park use, and this cable would largely serve commercial customers such as Verizon and AT&T. Yellowstone must install spur lines at its own expense to access the fiber-optic cable’s capacity; and
• Finally, NPS amended its ROW regulations in December to allow a fee waiver for “a project that is clearly in the public interest and consistent with the purposes and values of the park area.” This nebulous language will apparently apply to any wireless facility.

In a 2019 report prompted by complaints from PEER, the Interior’s Office of Inspector General confirmed widespread mismanagement of telecom facilities within national parks:

 “We found the NPS was not properly collecting the appropriate land use fees and recovering ROW permit costs.”

“National parks should not be subsidizing telecom companies,” stated PEER Executive Director Tim Whitehouse, noting that those ROW fees go to the U.S. Treasury. “Nor do national parks have an obligation to wire every square inch of park grounds.”

The current burst of expansion is so large that Yellowstone is planning to scrap its 2009 Wireless Telecommunications Plan. That plan was already being exceeded shortly after it was adopted.

At the same time, the fiber-optic cable is being laid in areas where thermal resources exist. Despite these concerns, the excavation was approved with a Finding of No Significant Impact following a cursory environmental assessment.

“Yellowstone became America’s first park to preserve its unique thermal features,” Whitehouse added. “Today, the unique nature of Yellowstone is being threatened by the telecom industry.”

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Examine timeline of events at Yellowstone

Look at discounted threat to thermal features

See unresolved trench depth concern

Revisit Inspector General report faulting revenue collection from telecoms

Trace the relentless expansion of connectivity at Yellowstone