**DA 05-1013**

April 07, 2005

**WIRELESS TELECOMMUNICATIONS BUREAU AND CONSUMER & GOVERNMENTAL AFFAIRS
BUREAU ANNOUNCE ENHANCEMENT AND PROVIDE CLARIFICATIONS REGARDING USE OF
TOWER CONSTRUCTION NOTIFICATION SYSTEM**

By this Public Notice, the Wireless Telecommunications Bureau ("WTB")
and Consumer & Governmental Affairs Bureau ("CGB") of the Federal
Communications Commission ("Commission") announce enhancements and
provide clarifications relating to the Commission's Tower Construction
Notification System ("TCNS") and the process of tribal participation in
historic preservation reviews. Specifically, we announce the
availability of an electronic listing of federally recognized Indian
tribes and Alaska Native Villages (collectively "Indian tribes"), and
Native Hawaiian Organizations ("NHOs"), who have defined their
geographic preferences for receiving notifications through TCNS. We also
clarify the procedures that an applicant must follow under the
Commission's rules when an Indian tribe or NHO does not respond within a
reasonable time to a TCNS notification. Finally, we clarify the
procedures for obtaining an FCC Registration Number ("FRN") and password
for use in submitting notifications through TCNS.

TCNS was introduced by the Commission to Indian tribes and NHOs, State
Historic Preservation Officers ("SHPOs"), Tribal Historic Preservation
Officers ("THPOs"), and the general public in February 2004.[^1] TCNS is
an interactive, login and password-protected system by which parties
proposing to construct facilities can identify Indian tribes and NHOs
that may attach traditional cultural and religious importance to
historic properties at the proposed location and can make initial
contact with these Indian tribes and NHOs, SHPOs, and THPOs. The system
relies on Indian tribes and NHOs, SHPOs, and THPOs to voluntarily enter
and update, on a nationwide basis, the geographic areas for which they
are interested in receiving notices, as well as the means by which they
prefer to receive notice (electronic mail and/or regular mail) and their
contact information. Entities proposing to construct towers then
voluntarily enter case-by-case information about the sites where they
propose to construct facilities and the types of facilities they propose
to construct. TCNS automatically forwards these notifications to Indian
tribes and NHOs, SHPOs, and THPOs that have expressed an interest in the
relevant geographic area.

On March 7, 2005, a Nationwide Programmatic Agreement ("NPA")[^2] went
into effect[^3] that streamlines procedures for review of certain
Commission undertakings for communications facilities under Section 106
of the National Historic Preservation Act of 1966.[^4] Sections IV.B and
IV.C of the NPA require applicants[^5] to make reasonable and good faith
efforts to identify, and to ensure contact is made with, Indian tribes
and NHOs that may attach religious and cultural significance to historic
properties that may be affected by an undertaking. Where an Indian tribe
or NHO has voluntarily provided information to TCNS regarding the
geographic areas in which historic properties of religious and cultural
significance to that Indian tribe or NHO may be located, reference to
TCNS constitutes a reasonable and good faith effort at identification
with respect to that Indian tribe or NHO. Under Section IV.E of the NPA,
if an applicant does not have a pre-existing relationship with an Indian
tribe or NHO, initial contact with the Indian tribe or NHO shall be made
through the Commission.[^6] Unless the Indian tribe or NHO has indicated
otherwise, the Commission may make this initial contact through TCNS.

Any Indian tribe or NHO located outside of Alaska who has not set
geographic preferences on TCNS will receive tower notifications for the
entire United States until its geographic preferences are set. Following
coordination with the Advisory Council on Historic Preservation,
Commission staff has programmed TCNS to provide Indian tribes located in
Alaska with notifications only of proposed towers throughout the State
of Alaska, unless the Indian tribe sets a different geographic
preference.

**[Electronic Link to List of Indian Tribes and NHOs:]{.underline}**

In response to requests from several applicants, WTB has created a new
electronic link that allows the public to view a listing of all Indian
tribes and NHOs who have defined their geographic preferences for
receiving notifications through TCNS, as well as Indian tribes located
in Alaska for which Commission staff has programmed TCNS to provide
notification of proposed constructions within Alaska. To view a current
listing of these Indian tribes and NHOs, go to WTB's TCNS Homepage
([**http://wireless.fcc.gov/outreach/notification)**](http://wireless.fcc.gov/outreach/notification))
and then click on "**[View Tribe List]{.underline}**." This list is
automatically updated as additional Indian tribes and NHOs set their
geographic preferences on TCNS.

In order to further facilitate the availability of information regarding
which Indian tribes and NHOs have specified geographic preferences in
TCNS, WTB has reprogrammed TCNS so that the notifications sent to
proposed tower constructors identifying the Indian tribes and NHOs to
which a proposed tower notification was forwarded now separately
identify those Indian tribes and NHOs that have or have not set such
preferences. For proposed tower constructions in Alaska, the list of
Indian tribes that have specified their preferences includes those for
which the Commission has programmed Alaska as the area of interest. The
ready availability of this information will assist applicants in
determining what procedure they must follow if an Indian tribe or NHO
does not respond within a reasonable time, as discussed below.

In addition, WTB and CGB staff continue to make contact with Indian
tribes and NHOs who have not yet set their geographic preferences,
including those Alaska Native Villages whose preferences were preset, in
an effort to answer any questions and to assist them with setting their
preferences.

**[Required Procedures in Cases of Tribal/NHO
Non-Response:]{.underline}**

Also in response to several applicant inquiries, we take this
opportunity to clarify the procedures that are required when an Indian
tribe or NHO does not respond within a reasonable time to a notification
provided through TCNS. Under Section IV.F.4 of the NPA, all Indian
tribes and NHOs must be afforded a reasonable opportunity to respond to
a TCNS notification, unless the proposed construction falls within an
exclusion designated by the Indian tribe or NHO. For those Indian tribes
and NHOs that have specified an interest in the geographic area of a
proposed construction, if the Indian tribe or NHO fails to respond
within a reasonable time, the applicant should make a reasonable effort
at follow-up contact, unless the Indian tribe or NHO has agreed to
different procedures.[^7] In the event such an Indian tribe or NHO does
not respond to a follow-up inquiry, or if a substantive or procedural
disagreement arises between the applicant and an Indian tribe or NHO,
the applicant must seek guidance from the Commission.[^8]

For those Indian tribes and NHOs that have not designated their
geographic areas of interest through TCNS, the applicant is required to
use reasonable and good faith efforts to determine if the Indian tribe
or NHO may attach religious and cultural significance to historic
properties that may be affected by its proposed undertaking. Such
efforts may include, but are not limited to, seeking information from
the relevant SHPO or THPO, Indian tribes, state agencies, the U.S.
Bureau of Indian Affairs, or, where applicable, any federal agency with
land holdings within the state.[^9] If, after such reasonable and good
faith efforts, the applicant determines that an Indian tribe or NHO may
attach religious and cultural significance to historic properties in the
area and the Indian tribe or NHO does not respond to TCNS notification
within a reasonable time, the applicant should make a reasonable effort
to follow up, and must seek guidance from the Commission in the event of
continued non-response or a procedural or substantive disagreement. If
the applicant determines that the Indian tribe or NHO is unlikely to
attach religious and cultural significance to historic properties within
the area, the applicant does not need to take further action unless the
Indian tribe or NHO indicates an interest in the proposed construction
or other evidence of potential interest comes to the applicant's
attention.

In the case of proposed construction within the State of Alaska,
applicants should contact Commission staff for guidance with respect to
Indian tribes that do not respond to a TCNS notification within a
reasonable time.

**[How to Obtain an FCC Registration Number (FRN) and Password for Use
on TCNS:]{.underline}**

In order to provide notifications to Indian tribes, NHOs, SHPOs, and
THPOs using TCNS,[^10] a tower constructor must have an FRN[^11] and
password. The FRN is used to uniquely identify the tower notifier in all
transactions with the FCC. Some tower constructors choose to obtain a
separate FRN for use on TCNS distinct from the FRN(s) they use for other
transactions. Additionally, some tower constructors submit their
notifications through consultants, and the consultant is eligible to
receive a unique FRN and password for use on TCNS.

To obtain an FRN and Password, tower notifiers or consultants must
register with the Commission. This registration is accomplished through
the **CO**mission **RE**gistration **S**ystem ("CORES") system. Tower
notifiers or consultants may access CORES by clicking on the "Register
with the FCC" link on the TCNS Login screen, or they may go directly to
CORES. For direct access to the CORES system, go to:
[www.fcc.gov](http://www.fcc.gov/) and then click on FCC Registration
Number (FRN) - Commission Registration System (CORES) on the left side
of the screen. Click on the "Register" button to proceed to register and
receive an FRN and password.

An FRN and password are issued after the applicant provides a contact
name, address, social security number (individuals), employer
identification number or taxpayer identification number (business
entities), and a contact telephone number. Once this information is
submitted, an FRN and password will be generated immediately for use on
TCNS.

When an FRN is exclusively used on TCNS, it is not used by the
Commission to capture information to maintain required accounts
receivable, or to collect fines and debts due the Commission.

Indian tribes, NHOs, SHPOs, and THPOs have been provided with specially
enabled FRNs and passwords that permit them, and only them, to view and
revise their contact information and geographic preferences. An Indian
tribe, NHO, SHPO, or THPO that has misplaced its FRN and password or
wishes to change its password should contact Anne Marie Wypijewski or
Diane Leer at the telephone number or e-mail address specified below.

For further information, please contact any of the following:

Anne Marie Wypijewski: (717) 338-2508, <annemarie.wypijewski@fcc.gov>

Diane Leer: (717) 338-2568, <diane.leer@fcc.gov>

Geoffrey Blackwell: (202) 418-8192, <geoffrey.blackwell@fcc.gov>

\- FCC -

[^1]: *See* FCC Announces Voluntary Tower Construction Notification
    System to Provide Indian Tribes, Native Hawaiian Organizations, and
    State Historic Preservation Officers with Early Notification of
    Proposed Tower Sites, *Public Notice*, DA 04-270, 19 FCC Rcd. 1998
    (2004).

[^2]: Nationwide Programmatic Agreement for Review of Effects on
    Historic Properties for Certain Undertakings Approved by the Federal
    Communications Commission, 47 C.F.R. Part 1, Appendix B; *see* In
    the Matter of 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. 25,
    2004), 2004 WL 2248768, 34 Communications Reg. (P&F) 112.

[^3]: *See* Nationwide Programmatic Agreement for Review Under the
    National Historic Preservation Act, 70 Fed. Reg. 556 (Jan. 4, 2005).

[^4]: *See* 16 U.S.C. § 470f.

[^5]: An "Applicant" is defined under the Nationwide Programmatic
    Agreement as a Commission licensee, permittee, or registration
    holder, or an applicant or prospective applicant for a wireless or
    broadcast license, authorization or antenna structure registration,
    and the duly authorized agents, employees, and contractors of any
    such person or entity.

[^6]: An applicant that has a pre-existing relationship with an Indian
    tribe or NHO shall make initial contact in the manner that is
    customary to that relationship or in such other manner as may be
    accepted by the Indian tribe or NHO, and then copy the Commission
    with any initial written or electronic direct contact information
    (unless the Indian tribe or NHO has agreed through a best practices
    agreement or otherwise that such copying is not necessary).
    Applicants may copy the Commission with their initial contacts with
    Indian tribes and NHOs by sending an e-mail to
    <TribalTowerExchange@fcc.gov.>

[^7]: NPA, § IV.F.5.

[^8]: *Id.,* § IV.G.

[^9]: *Id.,* § IV.B.

[^10]: Notifications may be submitted by going to the TCNS Homepage
    (**<http://wireless.fcc.gov/outreach/notification)>,** and then
    clicking on the "Notify" button.

[^11]: On August 24, 2001, the Commission adopted a rule requiring an
    FRN for all parties who file applications with the Universal
    Licensing System (ULS) or register towers via Antenna Structure
    Registration (ASR). *See* Adoption of a Mandatory FCC Registration
    Number, MD Docket No. 00-205, Report and Order, 16 FCC Rcd. 16138
    (2001).