**GENERAL SERVICES ADMINISTRATION**

**\[GSA Bulletin FMR 2007-B2\]**

**Placement of Commercial Antennas on Federal Property**

**AGENCY:** General Services Administration.

**ACTION:** Notice of bulletin.

**SUMMARY:** The attached bulletin cancels and replaces FPMR Bulletin

D-242, Placement of Commercial Antennas on Federal Property. It provides
all Federal agencies with the general guidelines and processes for
implementing President Clinton's memorandum of August 10, 1995, entitled
''*Facilitating Access to Federal Property for the Siting of Mobile
Services*,'' and section 704(c) of the Telecommunications Act of 1996,
Public Law 104--104 (Feb. 8, 1996), as codified at 47 U.S.C. § 332 note.

**EFFECTIVE DATE:** \[Insert date of publication in the Federal
Register\]

**FOR FURTHER INFORMATION CONTACT:**

Stanley C. Langfeld, Director, Regulations Management Division, Office
of Governmentwide Policy, 202--501-1737 or <stanley.langfeld@gsa.gov>.

Dated:

Kevin Messner

Acting Associate Administrator

Office of Governmentwide Policy

BILLING CODE 6820-RH

**\[GSA Bulletin FMR Bulletin 2007-B2\]**

**Real Property**

TO: Heads of Federal Agencies

SUBJECT: Placement of Commercial Antennas on Federal Property

1.  Purpose. This bulletin cancels and replaces FPMR Bulletin D-242,
    *Placement of Commerical Antennas on Federal Property*, which was
    published in the Federal Register on June 16, 1997, with an
    effective date of June 11, 1997 (62 FR 32611), and provides all
    Federal agencies with the general guidelines and processes for
    implementing President Clinton's memorandum of August 10, 1995,
    entitled ''*Facilitating Access to Federal Property for the Siting
    of Mobile Services Antennas*,'' which memorandum is still in effect,
    and section 704(c) of the Telecommunications Act of 1996, Public Law
    104--104 (Feb. 8, 1996), 47 U.S.C. § 332 note. This bulletin
    contains much of the same guidance as D-242 and includes updated
    information concerning the antenna siting program.

2.  Expiration. This bulletin contains information of a continuing
    nature and will remain in effect until canceled.

3\. Background.

a\. On August 10, 1995, President Clinton signed a memorandum directing
the Administrator of General Services, in consultation with the heads of
other Federal agencies, to develop procedures necessary to facilitate
access to Federal property for the siting of ''mobile services
antennas'' (telecommunications service provider equipment).

b\. On February 8, 1996, the President signed the Telecommunications Act
of 1996, which included a provision for making Federal property
available for placement of telecommunications equipment by duly
authorized providers.

c\. On March 29, 1996, GSA published a Notice in the **Federal
Register** outlining the guiding principles and actions necessary for
Federal agencies to implement the antenna siting program promulgated by
the Presidential memorandum and the Telecommunications Act of 1996.

d\. In response to inquiries from the wireless telecommunications
industry regarding the Federal Government's progress in this program,
GSA conducted

three Antenna Siting Forums: March 5, 1997, for Federal agencies; March
19,

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1997, for the wireless telecommunications industry; and a joint forum on
April 15, 1997.

e\. A fact-finding working group comprised of industry and Federal
agency representatives was established and met to discuss the issues
raised during the initial two forums. These issues were:

(1) Development of a uniform evaluation process, including timely
    response and an appeals process, to facilitate and explain the basic
    application process;

(2) Site pricing to enable Federal agencies to retain flexibility in
    establishing the antenna rates;

(3) Site competition to provide timely response to requests and, where
    feasible, encourage industry collocation;

(4) Fee reimbursement to provide payment to the Federal Government for
    services and resources provided as part of the siting request review
    process;

(5) Site security, access, and rights-of ­way to identify roles and
    responsibilities of both the Federal Government and the wireless
    telecommunications service provider; and

(6) Site request denial tracking to enable GSA and the wireless
    telecommunications industry to track antenna requests and denials.

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f.  GSA subsequently identified environmental and historic resource
    implications as additional issues to be considered by the working
    group and these issues are addressed in this document.

g.  This collaborative effort, along with further meetings and
    discussions, has

resulted in a better understanding of processes and procedures between
the wireless telecommunications industry and the Federal agencies.

h\. The updated guidelines and procedures described in this bulletin
will further efforts for a more cooperative relationship between the
Federal Government and the wireless telecommunications industry and
continue efforts to facilitate implementing the requirements of section
704(c) of the Telecommunications Act of 1996 and President Clinton's
memorandum on facilitating access to Federal Property.

4.  Action*.* The following guidelines and procedures should be followed
    by all Executive departments and agencies. In addition, all
    independent regulatory commissions and other federal agencies also
    are requested to comply with the following:

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a.  *Determining impact to controlled property.* Each Executive
    department and agency that controls and operates real property,
    rights-of-way or easements

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affecting property by virtue of specific statutory authority is
responsible for determining the extent and programmatic impact of
placing commercially-owned antennas on its properties.

b.  *Review of internal agency rules.* Each Executive department and
    agency should review its rules, policies and procedures for allowing
    commercial use of its properties and modify them, as necessary, to
    support the siting of commercial telecommunications service antennas
    as provided in this bulletin.

c.  *Dissemination of antenna guidelines.* Executive department and
    agency officials in national, regional, and local offices who are
    responsible for the siting of commercial telecommunications service
    antennas should comply with the requirements and policies prescribed
    by the Telecommunications Act of 1996 concerning property,
    rights-of-way and easements under their agency's control, and
    President Clinton's memorandum on facilitating access to Federal
    property.

d.  *Preliminary response to siting request.* Each Executive department
    and agency should provide at least a preliminary written response to
    any antenna siting request no later than sixty (60) days after
    receipt of the request. This response should be sent after
    performing an initial evaluation of the request. In the event that
    the Executive department or agency does not provide a preliminary
    written response to the siting request within sixty (60) days after
    receipt of the request, the request shall be deemed denied and the
    service provider shall have the right to appeal such denial in
    accordance with the procedures set forth at Section 6.d, below.

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e.  *Open communications.* Each Executive department and agency should
    maintain open communications with the requesting wireless
    telecommunications provider. Communication is critical once a siting
    request has been submitted and should be maintained throughout the
    term of the working relationship.

f.  *Points of contact.* Each Executive department and agency should,
    upon request, provide firms and individuals with the agency's point
    of contact for placing commercial telecommunications service
    antennas on Federal properties.

Generally, Federal buildings and courthouses are controlled by the
General Services Administration; military posts and bases, by the
Department of Defense; Veterans hospitals and clinics, by the Department
of Veterans Affairs; and open land areas, including National Parks,
National Forests and other public lands, by the Department of the
Interior or the Department of Agriculture.

g\. *Headquarters points of contact.* Attachment A is a listing of the
agency points of

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contact in the headquarters of Federal real property holding departments
and agencies. Anyone interested in placing antennas on specific
Federally-owned properties should contact the appropriate agency
official.

h*. Information required.* Telecommunications service providers must be
duly licensed by the Federal Communications Commission (FCC) to be
eligible to site antennas on federal property. Qualified, interested
parties should specifically identify the Federal property and provide
the basic information described in Attachment B (Uniform Review
Process). Federal agencies should advise the applicants of any specific
application procedures, and provide the name of the local site or
facility manager responsible for determining site suitability as well as
the term and type of instrument (*e.g.*, lease, permit, license)
required to facilitate access to the property.

i\. *Assistance in determining property ownership.* In instances where
the identity of the department or agency that has custody and control of
the property is unknown, the GSA Office of Governmentwide Policy Office
of Real Property Management should be contacted. This office maintains a
listing of all properties owned by the Federal Government world-wide and
will assist in the identification of such property. This office may be
reached at (202) 501--0856, or by writing to the Office of Real Property
Management (MP), Room 6207, General Services Administration, 1800 F
Street, NW, Washington, DC 20405. To assist in identifying the
appropriate Federal department or agency, inquiries should include the
state, city/county, building/ property name and mailing address of the
property in question.

5\. *Applicability.* These guidelines are applicable to Executive
departments and agencies for antenna siting requests for rooftops, open
land or other requests for access under this program. These guidelines
do not apply to lands held by the United States in trust for individual
or Native American Tribal Governments. For antenna sites on property not
under the jurisdiction, custody or control of GSA, agencies also should
review the Department of Commerce Report entitled \"*Improving
Rights-of-Way Management Across Federal Lands: A Roadmap for Greater
Broadband Deployment*\" (April 2004).

6\. *Antenna Siting Principles and Regulatory Guidance*. To facilitate
compliance with the Telecommunications Act of 1996, and President
Clinton's memorandum on facilitating access to Federal property, the
following principles should be applied in evaluating requests for
antenna siting access. In addition, agencies operating under, or subject
to, the authorities of GSA should review 41 C.F.R. §§ 102-79.70 -- 100
for additional regulatory guidance on siting antennas on federal
property.

a\. *Property availability.* Upon request, and to the extent permitted
by law and to

the extent practicable, Executive departments and agencies may make

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available Federal Government buildings and lands for the siting of
telecommunications service antennas. This should be done in accordance
with Federal, State and local laws and regulations, as applicable, and
consistent with national security concerns. Care should be exercised to
avoid electromagnetic intermodulations and interferences. The evaluation
of the siting request must include consideration of environmental and
historic preservation issues, including, but not limited to:

(1) Public health and safety with respect to the antenna installation
    and maintenance;

(2) Aesthetics;

(3) Effects on historic districts, sites, buildings, monuments,
    structures, or other objects pursuant to the National Historic
    Preservation Act of 1966, as amended, and implementing regulations,
    and the *September 2004 Nationwide Programmatic Agreement for Review
    of Effects on Historic Properties for Certain Undertakings Approved
    by the Federal Communications Commission*;

(4) Protection of natural and cultural resources (*e.g.*, National Parks
    and Wilderness areas, National Wildlife Refuge systems);

(5) Compliance with the appropriate level of review and documentation as
    necessary under the National Environmental Policy Act of 1969, as
    amended, and implementing regulations of each Federal department and
    agency responsible for the antenna siting project, and the Federal
    Aviation Administration, the National Telecommunications and
    Information Administration, and other relevant departments and
    agencies; and

(6) Compliance with the FCC\'s guidelines for radiofrequency exposure,
    OET Bulletin 65, Edition 97-01, entitled ''*Evaluating Compliance
    with FCC Guidelines for Human Exposure to Radiofrequency
    Electromagnetic Fields*" (August 1997), as the same may be revised
    from time to time, and any other guidance relating to radiofrequency
    guidelines and their enforcement. These updated guidelines for
    addressing health concerns reflect the latest scientific knowledge
    in this area, and are supported by Federal health and safety
    agencies such as the Environmental Protection Agency and the Food
    and Drug Administration.

b*. Site evaluation.* The evaluation of any siting request will also be
subject to any additional requirements of the Federal agency managing
the facility, the

FCC, the Federal Aviation Administration, the National
Telecommunications and Information Administration, and other relevant
departments and agencies. In addition, the National Capital Planning
Commission should be consulted for siting requests within the
Washington, D.C. metropolitan area.

c\. *Granting siting requests.* As a general rule, requests for the use
of property, rights-of-way and easements by telecommunications service
providers duly licensed by the FCC should be granted, unless there are
unavoidable conflicts with the

department's or agency's mission, or current or planned use of the
property or access to that property. A denial of a siting request based
on these criteria should be

5

fully explained, in writing, as noted in paragraph d., below.

d\. *Agency discretion for site denial.* Executive departments and
agencies shall retain discretion to reject inappropriate siting requests
and assure adequate protection of public property. In cases where the
antenna siting request has been denied, Executive departments and
agencies should allow the service provider to appeal the decision to a
higher level of agency authority for review. Written denial of a siting
request should be fully explained, and should advise the service
provider of the name and mailing address of the appropriate agency
official to whom the appeal should be sent.

e\. *Site access.* All procedures and mechanisms adopted by Executive
departments and agencies regarding access to Federal property should be
clear and simple so as to facilitate the efficient build-out of the
national wireless communications infrastructure. Obtaining rights of
access to Federal properties through non-Federal lands is the sole
responsibility of the telecommunications service provider.

f\. *Costs for services.* The telecommunications service provider is
responsible for any reasonable costs incurred by Federal agencies
associated with providing access to antenna sites, including obtaining
appropriate clearance of provider personnel for access to buildings or
land deemed to be security sensitive as is done with service contractor
personnel. OMB Circular A--25, entitled ''*User Charges*,'' revised July
8, 1993, established guidelines for agencies to assess fees for
Government services, and for the sale or use of Government property or
resources.

g.  *Site fees.* Pursuant to the Telecommunications Act of 1996,
    agencies are authorized to charge reasonable fees for antenna sites
    on Federal property. In accordance with President Clinton's
    memorandum, Executive departments and agencies should charge fees
    based on market value. Fee determinations

can be based on appraisal, use of set rate schedules or other reasonable
means of value determination. Unless otherwise authorized by law to
retain antenna siting proceeds, agencies collecting fees pursuant to the
Telecommunications Act must remit the fees to the General Fund of the
Treasury.

h.  *Site requests.* Executive departments and agencies should make
    antenna sites available on a fair, reasonable and nondiscriminatory
    basis. Collocation of antennas should be encouraged where there are
    multiple antenna siting requests for the same location. In cases
    where this is not feasible and space availability precludes
    accommodating all antenna siting applicants, competitive procedures
    may be used.

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i\. *Priority for siting antennas.* The siting of telecommunications
service provider antennas should not be given priority over other
authorized uses of Federal buildings or land.

j\. *Advertising prohibition.* Antenna structures on Federal property
may not contain any advertising.

k\. *Equipment removal.* Terms and provisions of the lease, permit,
license, or other legal instrument used should assure the timely removal
or transfer of ownership of equipment and structures by the service
provider. Unless the express terms of the applicable site access
agreement provide otherwise, removal of such equipment and structures
should be at the sole cost and expense of the telecommunications service
provider.

l\. *Review process.* For those Federal agencies that are unfamiliar
with the siting request application process, Attachment B, Uniform
Review Process, provides additional processing information to assist in
the antenna siting request review.

m\. *Additional Information.* Further information regarding this
bulletin may be obtained by contacting Mr. Stanley C. Langfeld,
Director, Regulations Management Division, Office of Governmentwide
Policy, General Services Administration, (202) 501--1737.

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**Attachment A---Agency Contact Points for the Placement of Antennas on
Federal Buildings**

Bonneville Power Administration, Paul Majkut, Office of General Counsel,
905 Northeast 11th Avenue, Portland, OR 97232, (503) 230--4201

Federal Communications Commission, Dennis Dorsey, Supervisor, Contracts
Branch, 1919 M St., NW, Room 404, Washington, DC 50554, (202) 418--1865.

National Academy of Science, National Research Council, 2101
Constitution Ave., NW, Mail Stop (HA--274), Washington, DC 20418, (202)
334-- 3384

National Aeronautics & Space Administration, Albert Johnson, Team
Leader- Real Estate, Facilities Engineering & Real Property Division,
NASA Headquarters, LD030, 300 E Street, SW, Washington, DC 20546--0001,
(202) 358--1834.

National Archives & Records Administration, Mark Sprouse, Division
Director, Facilities & Personal Property Management, (301) 837-3019, and
John Bartell, Branch Chief, Facilities Management, (301) 837-1813, 8601
Adelphi Road, Room 2320, College Park, MD 20740--6001.

National Science Foundation, Property Administrator, Mary Lou Higgs,
4201 Wilson Blvd., Room 295, Arlington, VA 22230, (703) 292-8190.

Tennessee Valley Authority, Legal Department, 1101 Market Street, Mail
Stop: (WR4A--C), Chattanooga, TN 37402--2801, (865) 632-4301.

U.S. Army Corps of Engineers, Management and Disposal Division in the
Real Estate Directorate, 20 Massachusetts Ave., NW, Room 4224,
Washington, DC 20314--1000, (202) 761--0511

U.S. Department of Agriculture, Property Management Division, AG Box
9840, Washington, DC 20250, (202) 295-5028.

U.S. Department of Commerce, Office of Real Estate, 14th & Constitution
Ave., NW, Room 1040, Washington, DC 20230, (202) 482--3580

U.S. Department of Defense: Commercial companies who wish to place
antennas on DOD property should first contact that property's
Installation Commander. If unknown, please contact the following office:
Brad Hancock, Commander -- Installations, Requirements & Management,
3400 Defense Pentagon, Room 5C646, Washington, DC 20301--3340, (703)
571-9074.

8

U.S. Department of Education, Mitchell Clark, Assistant Secretary of
Mangement & Chief Human Capital Officer, 400 Maryland Avenue, SW, Room
FB6-2W311, Washington, DC 20202, (202) 401--5848.

U.S. Department of Energy, Engineering & Space Management Branch, 1000
Independence Ave., SW, Mail Stop: HR211, Room 1F--039, Washington, DC
20585, (202) 586--1557

U.S. Department of Health & Human Services, Office of Facilities
Management & Policy200 Independence Ave., SW, 3^rd^ Floor, Washington,
DC 20001, Diane Stewart (202) 205-4834.

U.S. Department of the Interior, Bureau of Land Management, 1849 C
Street, NW, Room 1000--LS, Washington, DC 20240--9998, (202) 452--7782.

U.S. Department of the Interior, National Park Service, Parks, Planning,
Facilities & Lands, 1849 C Street, NW, Washington, DC 20240, Lee
Dickinson, Right-of-Way Program Manager, (202) 513-7092.

U.S. Department of Justice, Real Property Management Services, Suite
1060, National Place Building, Washington, DC 20530, (202) 616-- 2266

U.S. Department of Labor, Office of Facility Management, 200
Constitution Ave., NW, Room S 1520/ OFM, Washington, DC 20210, (202)
693-6660.

U.S. Department of State, Office of Real Property, 2201 C Street, NW,
Suite 1264, Washington, DC 20520, (202) 647--3477.

U.S. Department of Transportation, Office of the Secretary, 400 7th
Street, SW, Mail Stop: M72, Room 2318, Washington, DC 20590, Rita Martin
(202) 366-- 9724

U.S. Department of Treasury, Office of Real and Personal Property
Management, Office of the Deputy Assistant Secretary for Departmental
Finance and Management, 1500 Pennsylvania Ave., NW, Room 6140--- ANX,
Washington, DC 20220, (202) 622--0500

U.S. Department of Veterans Affairs, Land Management Service, 811
Vermont Ave., NW, Mail Stop: 184A, Washington, DC 20005, (202) 565--
5026

U.S. Environmental Protection Agency, Architecture, Engineering and
Asset Management Branch, Facilities Management and Services Division,
Ronald Reagan Building, 1200 Pennsylvania Avenue, NW, Washington, DC
20460, William Ridge, Branch Chief, (202) 564-2160.

9

U.S. General Services Administration: Commercial companies who wish to

> place antennas on GSA property should first contact the appropriate
> Regional Office of the Public Buildings Service. If unknown, please
> contact the Public Buildings Service, 1800 F St., NW, Washington, DC
> 20405, (202) 501--1100.

U.S. Government Printing Office, Office of Administrative Support, 710
North Capitol St., NW, Mail Stop: OA, Washington, DC 20401--0501,

\(202\) 512--1074.

International Broadcasting Bureau/M/AF, CohenBuilding, 330 Independence
Ave., SW, Washington, DC 20237, Carol Baker, Director of Administration,
(202) 203-4588.

U.S. Postal Service, Realty Asset Management, 475 L'Enfant Plaza West,
SW, Washington, DC 20260--6433, Bob Otto, (202) 268--5700.

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**Attachment B---Uniform Review Process**

The following information may be used as a guide by Federal agencies
upon receipt of an antenna siting request from a service provider duly
licensed by the FCC. This uniform review process is intended to assist
those Federal agencies that are unfamiliar with the review and
evaluation of antenna siting proposals. This guidance has been developed
based on input from several Federal agencies that have had extensive
experience in working with the wireless communications industry and
antenna siting requests for both rooftop and open land installations. In
addition, agencies operating under, or subject to, the authorities of
GSA should review 41 C.F.R. §§ 102-79.70 -- 100 for additional
regulatory guidance on siting antennas on Federal property.

a\. *Siting request review.* Federal agencies should review the siting
request to confirm that the required basic evaluation information is
provided. This information should include the following:

\(1\) Name, address and telephone number of applicant and authorized or
legal representative for the project;

\(2\) Specific building name and address, or, as appropriate, latitude
and longitude or other site specific property identifier;

\(3\) Type and size of antenna installation and support required for the
service provider's proposed wireless site, including access to site,
utility requirements, acreage of land or ft/lb capacity for rooftops,
etc. In cases where the proposed site is to be located on an established
building or wireless facility, any special modification requirements
unique to the service provider's proposal must be clearly identified;

\(4\) FCC license number and summary of antenna specifications,
including frequencies;

\(5\) Proposed term of requirement;

\(6\) Terms of removal of equipment and structures or property
restoration;

\(7\) Description of project or larger antenna installation program, if
applicable; and

\(8\) As appropriate, proposed method of achieving environmental and
historic sensitivity compliance.

b\. *Site survey.*

\(1\) Upon agency completion of an initial review for information
sufficiency, coordination with the facility manager, and determination
that there is no obvious reason to deny the request, a site survey with
the wireless telecommunications provider should be scheduled, in part to
determine whether the site actually meets the needs of the service
provider. If feasible, from the

11

information available, a response should be sent to the applicant as
soon as possible, but no later than sixty (60) days after receipt either
granting or denying the siting request. In the event that the agency
does not provide a preliminary written response to the siting request
within sixty (60) days after receipt of the request, the request shall
be deemed denied and the service provider shall have the right to appeal
such denial in accordance with the procedures set forth in this
bulletin.

\(2\) If there is insufficient information to make a decision, the
agency should send a preliminary response to the applicant as soon as
possible, but no later than sixty (60) days after receipt of the
request. This response should inform the applicant of the need for any
additional information, unique conditions or restrictions affecting the
property, or other circumstances that may influence the timing or
ultimate determination for site approval. In addition, the National
Capital Planning Commission should be consulted for siting requests
within the Washington, D.C. metropolitan area.

c\. Point of contact. In all cases, the agency's response should include
the name and telephone number of the agency representative or facility
manager responsible for the project. This information will enable the
applicant to initiate planning for the potential use of the requested
site.

d*. Need for additional information.* If the preliminary response
indicates additional information is required, the agency should review
the applicant's response in a timely manner upon its receipt. The
applicant should be advised, in writing, if there are any other review
and reporting requirements necessary due to statutory, legal, or the
agency's internal requirements prior to issuing a final decision. This
may include an Environmental Assessment or an Environmental Impact
Statement and public meetings as part of the National Environmental
Policy Act of 1969, as amended, or any other potential reviews,
including Section 106 of the National Historic Preservation Act of 1966,
as amended, if applicable.

e\. *Notification of fees.* Applicants should be advised as soon as
possible of their responsibility for any charges for Government services
provided in the review process or other issues that need to be resolved.
This response should provide the applicant with an estimated time frame
for completing the necessary actions and should be based on experience
in dealing with projects of similar complexity.

f\. *Final decisions.* Final decisions should be rendered, in writing,
in a timely manner and after completion of all required reviews,
evaluations or assessments. Denials of requests should provide the
applicant with a written explanation of the reasons for denying the
request. In addition, the applicant should be advised of the agency's
appeal procedure, and the name and mailing address of the appropriate
agency official to whom the appeal should be sent.

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g\. *Formal documentation.* After agency determination to approve the
project, a lease, permit, license or other legal instrument should be
executed to document the terms, conditions and responsibilities of both
the Federal Government and the telecommunications service antenna
provider.

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