NATIONWIDE PROGRAMMATIC AGREEMENT
for the
COLLOCATION OF WIRELESS ANTENNAS

Executed by

	The FEDERAL COMMUNICATIONS COMMISSION, 
	The NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS
	and
	The ADVISORY COUNCIL ON HISTORIC PRESERVATION
	 
		
WHEREAS, the Federal Communications Commission (FCC) establishes rules and procedures 
for the licensing of wireless communications facilities in the United States and its Possessions and 
Territories; and, 

WHEREAS, the FCC has largely deregulated the review of applications for the construction of 
individual wireless communications facilities and, under this framework, applicants are required to 
prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed 
facility falls within one of certain environmental categories described in the FCCs rules (47 C.F.R.  
1.1307), including situations which may affect historical sites listed or eligible for listing in the National 
Register of Historic Places (National Register); and,
 
WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C.  470 et seq.) 
(the Act) requires federal agencies to take into account the effects of their undertakings on historic 
properties and to afford the Advisory Council on Historic Preservation (Council) a reasonable opportunity 
to comment; and,

WHEREAS, Section 800.14(b) of the Councils regulations, Protection of Historic Properties 
(36 CFR  800.14(b)), allows for programmatic agreements to streamline and tailor the Section 106 
review process to particular federal programs; and, 

WHEREAS, in August 2000, the Council established a Telecommunications Working Group to 
provide a forum for the FCC, Industry representatives, State Historic Preservation Officers (SHPOs) and 
Tribal Historic Preservation Officers (THPOs), and the Council to discuss improved coordination of 
Section 106 compliance regarding wireless communications projects affecting historic properties; and, 

WHEREAS, the FCC, the Council and the Working Group have developed this Collocation 
Programmatic Agreement in accordance with 36 CFR Section 800.14(b) to address the Section 106 
review process as it applies to the collocation of antennas (collocation being defined in Stipulation I.A 
below); and,  

WHEREAS, the FCC encourages collocation of antennas where technically and economically 
feasible, in order to reduce the need for new tower construction; and, 

	WHEREAS, the parties hereto agree that the effects on historic properties of collocations of 
antennas on towers, buildings and structures are likely to be minimal and not adverse, and that in the 
cases where an adverse effect might occur, the procedures provided and referred to herein are proper and 
sufficient, consistent with Section 106, to assure that the FCC will take such effects into account; and

WHEREAS, the execution of this Nationwide Collocation Programmatic Agreement will 
streamline the Section 106 review of collocation proposals and thereby reduce the need for the 
construction of new towers, thereby reducing potential effects on historic properties that would otherwise 
result from the construction of those unnecessary new towers; and, 

WHEREAS, the FCC and the Council have agreed that these measures should be incorporated 
into a Nationwide Programmatic Agreement to better manage the Section 106 consultation process and 
streamline reviews for collocation of antennas; and,
  
WHEREAS, since collocations reduce both the need for new tower construction and the potential 
for adverse effects on historic properties, the parties hereto agree that the terms of this Agreement should 
be interpreted and implemented wherever possible in ways that encourage collocation; and

	WHEREAS, the parties hereto agree that the procedures described in this Agreement are, with 
regard to collocations as defined herein, a proper substitute for the FCCs compliance with the Councils 
rules, in accordance and consistent with Section 106 of the National Historic Preservation Act and its 
implementing regulations found at 36 CFR Part 800; and

WHEREAS, the FCC has consulted with the National Conference of State Historic Preservation 
Officers (NCSHPO) and requested the President of NCSHPO to sign this Nationwide Collocation 
Programmatic Agreement in accordance with 36 CFR Section 800.14(b)(2)(iii); and, 

WHEREAS, the FCC sought comment from Indian tribes and Native Hawaiian Organizations 
regarding the terms of this Nationwide Programmatic Agreement by letters of January 11, 2001 and 
February 8, 2001; and,

WHEREAS, the terms of this Programmatic Agreement do not apply on tribal lands as defined 
under Section 800.16(x) of the Councils regulations, 36 CFR  800.16(x) (Tribal  lands means all lands 
within the exterior boundaries of any Indian reservation and all dependent Indian communities.); and,

WHEREAS, the terms of this Programmatic Agreement do not preclude Indian tribes or Native 
Hawaiian Organizations from consulting directly with the FCC or its licensees, tower companies and 
applicants for antenna licenses when collocation activities off tribal lands may affect historic properties of 
religious and cultural significance to Indian tribes or Native Hawaiian organizations; and,

WHEREAS, the execution and implementation of this Nationwide Collocation Programmatic 
Agreement will not preclude members of the public from filing complaints with the FCC or the Council 
regarding adverse effects on historic properties from any existing tower or any activity covered under the 
terms of this Programmatic Agreement.
 
NOW THEREFORE, the FCC, the Council, and NCSHPO agree that the FCC will meet its 
Section 106 compliance responsibilities for the collocation of antennas as follows.

	STIPULATIONS

The FCC, in coordination with licensees, tower companies and applicants for antenna licenses, will 
ensure that the following measures are carried out. 

I. DEFINITIONS

For purposes of this Nationwide Programmatic Agreement, the following definitions apply.

A. Collocation means the mounting or installation of an antenna on an existing tower, building 
or structure for the purpose of transmitting and/or receiving radio frequency signals for 
communications purposes.

B. Tower is any structure built for the sole or primary purpose of supporting FCC-licensed 
antennas and their associated facilities.  

C. Substantial increase in the size of the tower means:

1) The mounting of the proposed antenna on the tower would increase the existing height of 
the tower by more than 10%, or by the height of one additional antenna array with 
separation from the nearest existing antenna not to exceed twenty feet, whichever is 
greater, except that the mounting of the proposed antenna may exceed the size limits set 
forth in this paragraph if necessary to avoid interference with existing antennas; or

2) The mounting of the proposed antenna would involve the installation of more than the 
standard number of new equipment cabinets for the technology involved, not to exceed 
four, or more than one new equipment shelter; or

3) The mounting of the proposed antenna would involve adding an appurtenance to the body 
of the tower that would protrude from the edge of the tower more than twenty feet, or 
more than the width of the tower structure at the level of the appurtenance, whichever is 
greater, except that the mounting of the proposed antenna may exceed the size limits set 
forth in this paragraph if necessary to shelter the antenna from inclement weather or to 
connect the antenna to the tower via cable; or

4) The mounting of the proposed antenna would involve excavation outside the current tower 
site, defined as the current boundaries of the leased or owned property surrounding the 
tower and any access or utility easements currently related to the site.

II. APPLICABILITY

A. This Nationwide Collocation Programmatic Agreement applies only to the collocation of 
antennas as defined in Stipulation I.A, above.

B. This Nationwide Collocation Programmatic Agreement does not cover any Section 106 
responsibilities that federal agencies other than the FCC may have with regard to the 
collocation of antennas.

III. COLLOCATION OF ANTENNAS ON TOWERS CONSTRUCTED ON OR BEFORE MARCH 
16, 2001

A. An antenna may be mounted on an existing tower constructed on or before March 16, 2001 
without such collocation being reviewed under the consultation process set forth under Subpart B 
of 36 CFR Part 800, unless:

1. The mounting of the antenna will result in a substantial increase in the size of the tower 
as defined in Stipulation I.C, above; or

2. The tower has been determined by the FCC to have an effect on one or more historic 
properties, unless such effect has been found to be not adverse through a no adverse 
effect finding, or if found to be adverse or potentially adverse, has been resolved, such as  
through a conditional no adverse effect determination, a Memorandum of Agreement, a 
programmatic agreement, or otherwise in compliance with Section 106 and Subpart B of 
36 CFR Part 800; or 

3. The tower is the subject of a pending environmental review or related proceeding 
before the FCC involving compliance with Section 106 of the National Historic 
Preservation Act; or

4. The collocation licensee or the owner of the tower has received written or electronic 
notification that the FCC is in receipt of a complaint from a member of the public, a 
SHPO or the Council, that the collocation has an adverse effect on one or more historic 
properties.  Any such complaint must be in writing and supported by substantial evidence 
describing how the effect from the collocation is adverse to the attributes that qualify any 
affected historic property for eligibility or potential eligibility for the National Register. 

IV. COLLOCATION OF ANTENNAS ON TOWERS CONSTRUCTED AFTER MARCH 16, 2001

A. An antenna may be mounted on an existing tower constructed after March 16, 2001 without 
such collocation being reviewed under the consultation process set forth under Subpart B of 36 
CFR Part 800, unless:

1. The Section 106 review process for the tower set forth in 36 CFR Part 800 and any 
associated environmental reviews required by the FCC have not been completed; or

2. The mounting of the new antenna will result in a substantial increase in the size of the 
tower as defined in Stipulation I.C, above; or

3. The tower as built or proposed has been determined by the FCC to have an effect on 
one or more historic properties, unless such effect has been found to be not adverse 
through a no adverse effect finding, or if found to be adverse or potentially adverse, has 
been resolved, such as  through a conditional no adverse effect determination, a 
Memorandum of Agreement, a programmatic agreement, or otherwise in compliance 
with Section 106 and Subpart B of 36 CFR Part 800; or

4. The collocation licensee or the owner of the tower has received written or electronic 
notification that the FCC is in receipt of a complaint from a member of the public, a 
SHPO or the Council, that the collocation has an adverse effect on one or more historic 
properties.  Any such complaint must be in writing and supported by substantial evidence 
describing how the effect from the collocation is adverse to the attributes that qualify any 
affected historic property for eligibility or potential eligibility for the National Register.
   
V. COLLOCATION OF ANTENNAS ON BUILDINGS AND NON-TOWER STRUCTURES 
OUTSIDE OF HISTORIC DISTRICTS

A. An antenna may be mounted on a building or non-tower structure without such collocation 
being reviewed under the consultation process set forth under Subpart B of 36 CFR Part 800, 
unless:

1. The building or structure is over 45 years old;  or

2. The building or structure is inside the boundary of a historic district, or if the antenna 
is visible from the ground level of the historic district, the building or structure is within 
250 feet of the boundary of the historic district; or 

3. The building or non-tower structure is a designated National Historic Landmark, or 
listed in or eligible for listing in the National Register of Historic Places based upon the 
review of the licensee, tower company or applicant for an antenna license; or 

4. The collocation licensee or the owner of the tower has received written or electronic 
notification that the FCC is in receipt of a complaint from a member of the public, a 
SHPO or the Council, that the collocation has an adverse effect on one or more historic 
properties.  Any such complaint must be in writing and supported by substantial evidence 
describing how the effect from the collocation is adverse to the attributes that qualify any 
affected historic property for eligibility or potential eligibility for the National Register.

B. Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine 
that the collocation of the antenna or its associated equipment installed under the terms of 
Stipulation V has resulted in an adverse effect on historic properties, the SHPO/THPO or Council 
may notify the FCC accordingly.  The FCC shall comply with the requirements of Section 106 
and 36 CFR Part 800 for this particular collocation. 

VI. RESERVATION OF RIGHTS

Neither execution of this Agreement, nor implementation of or compliance with any term herein 
shall operate in any way as a waiver by any party hereto, or by any person or entity complying 
herewith or affected hereby, of a right to assert in any court of law any claim, argument or 
defense regarding the validity or interpretation of any provision of the National Historic 
Preservation Act (16 U.S.C.  470 et seq.) or its implementing regulations contained in 36 CFR 
Part 800.

VII. MONITORING

A. FCC licensees shall retain records of the placement of all licensed antennas, including 
collocations subject to this Nationwide Programmatic Agreement, consistent with FCC rules and 
procedures.

B. The Council will forward to the FCC and the relevant SHPO any written objections it receives 
from members of the public regarding a collocation activity or general compliance with the 
provisions of this Nationwide Programmatic Agreement within thirty (30) days following receipt 
of the written objection.  The FCC will forward a copy of the written objection to the appropriate 
licensee or tower owner.

VIII. AMENDMENTS

If any signatory to this Nationwide Collocation Programmatic Agreement believes that this 
Agreement should be amended, that signatory may at any time propose amendments, whereupon 
the signatories will consult to consider the amendments.  This agreement may be amended only 
upon the written concurrence of the signatories. 

IX. TERMINATION

A. If the FCC determines that it cannot implement the terms of this Nationwide Collocation 
Programmatic Agreement, or if the FCC, NCSHPO or the Council determines that the 
Programmatic Agreement is not being properly implemented by the parties to this Programmatic 
Agreement, the FCC, NCSHPO or the Council may propose to the other signatories that the 
Programmatic Agreement be terminated.

B. The party proposing to terminate the Programmatic Agreement shall notify the other 
signatories in writing, explaining the reasons for the proposed termination and the particulars of 
the asserted improper implementation.  Such party also shall afford the other signatories a 
reasonable period of time of no less than thirty (30) days to consult and remedy the problems 
resulting in improper implementation.  Upon receipt of such notice, the parties shall consult with 
each other and notify and consult with other entities that are either involved in such 
implementation or that would be substantially affected by termination of this Agreement, and 
seek alternatives to termination.  Should the consultation fail to produce within the original 
remedy period or any extension, a reasonable alternative to termination, a resolution of the stated 
problems, or convincing evidence of substantial implementation of this Agreement in accordance 
with its terms , this Programmatic Agreement shall be terminated thirty days after notice of 
termination is served on all parties and published in the Federal Register.

C.  In the event that the Programmatic Agreement is terminated, the FCC shall advise its licensees 
and tower construction companies of the termination and of the need to comply with any 
applicable Section 106 requirements on a case-by-case basis for collocation activities. 

X. ANNUAL MEETING OF THE SIGNATORIES

The signatories to this Nationwide Collocation Programmatic Agreement will meet on or about 
September 10, 2001, and on or about September 10 in each subsequent year, to discuss the 
effectiveness of this Agreement, including any issues related to improper implementation, and to 
discuss any potential amendments that would improve the effectiveness of this Agreement.
 
XI.	DURATION OF THE PROGRAMMATIC AGREEMENT

This Programmatic Agreement for collocation shall remain in force unless the Programmatic 
Agreement is terminated or superseded by a comprehensive Programmatic Agreement for 
wireless communications antennas.

Execution of this Nationwide Programmatic Agreement by the FCC, NCSHPO and the Council, and 
implementation of its terms, evidence that the FCC has afforded the Council an opportunity to comment 
on the collocation as described herein of antennas covered under the FCCs rules, and that the FCC has 
taken into account the effects of these collocations on historic properties in accordance with Section 106 
of the National Historic Preservation Act and its implementing regulations, 36 CFR Part 800.  







FEDERAL COMMUNICATIONS COMMISSION

_______________________________________________ Date: _________________________



ADVISORY COUNCIL ON HISTORIC PRESERVATION

_______________________________________________ Date: _________________________



NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS

_______________________________________________ Date: _________________________


  Suitable methods for determining the age of a building include, but are not limited to: (1) obtaining the opinion of 
a consultant who meets the Secretary of Interiors Professional Qualifications Standards (36 CFR Part 61) or (2) 
consulting public records.