> **DA 06-2060**

**October 19, 2006**

**WIRELESS TELECOMMUNICATIONS BUREAU INTRODUCES ENHANCEMENTS TO THE
FCC'S**

**TOWER CONSTRUCTION NOTIFICATION SYSTEM (TCNS)**

**FOR INDIAN TRIBES, NATIVE HAWAIIAN ORGANIZATIONS**

**AND THE COMMUNICATIONS INDUSTRY**

As part of a continuing effort to improve the Federal Communications
Commission's (Commission's) Tower Construction Notification System
(TCNS) that was introduced in February 2004, the Wireless
Telecommunications Bureau today implemented modifications and
enhancements to TCNS to benefit federally-recognized Indian Tribes,
including Alaska Native Villages (collectively "Tribes"); Native
Hawaiian Organizations (NHOs); and licensees, applicants and private
tower constructors (collectively "applicants").

The TCNS is a voluntary system to facilitate applicants' identification
of and early communication with Tribes, NHOs, and State Historic
Preservation Officers, as required under Section 106 of the National
Historic Preservation Act (NHPA) and the Commission's rules.[^1] The
TCNS is an interactive, login and password-protected system, which
allows tower builders to notify Tribes and NHOs of proposed
construction, and allows the Tribes/NHOs to reply to tower builders by
using the system. Unless a Tribe consents, the TCNS is not to be used in
place of the consultation that is required under Section 106 of the NHPA
and the Commission's rules.[^2]

**[Previous Enhancements]{.underline}**

The Commission has been engaged in an ongoing effort to improve TCNS by
making it more user-friendly and a more productive tool for submitting
and responding to TCNS notifications. On March 31, 2006, the Wireless
Telecommunications Bureau introduced enhancements to save Tribes, NHOs,
and applicants time and resources in the Section 106 process.[^3] These
enhancements included: 1) a batch Reply functionality so Tribes and NHOs
can send identical responses simultaneously to multiple notifications;
2) preset language that Tribes and NHOs may use to indicate that if they
do not respond to a TCNS notification within 30 days, they have no
interest in participating in preconstruction review for that site; and
3) an automated process for applicants to refer proposed constructions
where a Tribe or NHO has not timely responded to good faith efforts at
contact.[^4] These efficiencies enhanced the ability of Tribes and NHOs
to protect archaeological resources and sites of traditional religious
and cultural importance to them while avoiding unnecessary burdens on
Tribes, NHOs, and applicants alike.

**[Current Enhancements]{.underline}**

The enhancements introduced today will enable Tribes, NHOs, and
applicants to use TCNS more efficiently by receiving important
notifications in a more timely manner and reducing the amount of paper
mail they receive. Currently, when an applicant refers to the Commission
a proposed construction for which a Tribe or NHO has not timely
responded to good faith efforts at contact, the Commission, consistent
with the *Tribal Process Declaratory Ruling*, prints and mails a Final
Request Letter to the relevant Tribes or NHOs, and also mails a
notification to the applicant. Beginning today, Tribes and NHOs will
have the option to receive Final Request Letters by electronic mail
(e-mail), regular mail, or both. Tribes and NHOs will continue to
receive 20-day letters by regular mail only unless they affirmatively
request to receive either e-mail alone or both e-mail and regular mail.
Notifications to applicants will be sent by e-mail only (unless the
e-mail fails or is undeliverable, in which case a hard copy will be
mailed).

In addition, when making these referrals, applicants will be able on a
single screen to enter a separate "Date of Second Contact" for each
Tribe or NHO to reflect the fact that applicants do not necessarily
follow up with each Tribe or NHO on the same date. Applicants will also
continue to be able to enter a single "Date of Second Contact" where the
date is the same for all Tribes and NHOs. For sites where the initial
contact was not made using TCNS, applicants will have these options for
both the "Date of First Contact" and the "Date of Second Contact."

**[Deployment]{.underline}**

The aforementioned changes and enhancements to TCNS are available to the
public beginning today, **Thursday, October 19, 2006**. Questions may be
directed to the **FCC Support Center at (877) 480-3201 (TTY
202-414-1255) and select Option #2.** For additional information or
assistance, you may also visit the Web at
[http://esupport.fcc.gov](http://esupport.fcc.gov/) or contact:

Anne Marie Wypijewski, Senior Attorney (717) 338-2508 or e-mail
<annemarie.wypijewski@fcc.gov>

Diane Dupert, Program Analyst, (717) 338-2568 or e-mail
<diane.dupert@fcc.gov>.

For further information relating to TCNS, please consult the
Commission's web page dedicated to this program
(<http://wireless.fcc.gov/outreach/notification/index.html>), also
accessible through the Commission's Tribal homepage
(<http://www.fcc.gov/indians>).

\-- FCC \--

[^1]: *See* 36 U.S.C. § 470f; 47 C.F.R. § 1.1307(a)(4); 47 C.F.R. Part
    I, Appendix B, § IV.

[^2]: *See* Nationwide Programmatic Agreement Regarding the Section 106
    National Historic Preservation Act Process, WT Docket No. 03-128,
    *Report and Order*, 20 FCC Rcd 1073, 1107-08, para. 95 (2004).

[^3]: *See* Changes and Enhancements to the FCC's Tower Construction
    Notification System (TCNS) for Indian Tribes, Native Hawaiian
    Organizations and the Communications Industry, Public Demonstration
    & Live Webcast to be Held March 30, 2006, *Public Notice*, 21 FCC
    Rcd 2950 (2006).

[^4]: *See* Clarification of Procedures for Participation of Federally
    Recognized Indian Tribes and Native Hawaiian Organizations Under the
    Nationwide Programmatic Agreement, *Declaratory* *Ruling*, FCC
    05-176, 20 FCC Rcd 16,092 (2005).