[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Notices]
[Pages 795-797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-126]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 00-2907]


The Wireless Telecommunications Bureau Seeks Comment on a Draft 
Programmatic Agreement With Respect to Co-Locating Wireless Antennas on 
Existing Structures

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this public notice, we request comments on a Nationwide 
Programmatic Agreement that would adopt streamlined procedures for 
review of co-locations of antennas under the National Historic 
Preservation Act (NHPA), 16 U.S.C. 470 et seq. This Nationwide 
Programmatic Agreement is being considered for potential execution by 
the Federal Communications Commission, the National Conference of State 
Historic Preservation Officers, and the Advisory Council on Historic 
Preservation on or about January 29, 2001.

DATES: Comments are due on or before January 23, 2001.

ADDRESSES: All comments should reference DA 00-2907 and should be filed 
with the Office of the Secretary, Federal Communications Commission, 
445 Twelfth Street, SW., TW B204, Washington, DC 20554. A copy of each 
filing should be sent to International Transcription Services, Inc. 
(ITS), 445 Twelfth Street, SW., Room CY-B402, Washington, DC 20554. In 
addition, parties should send two copies to Joel Taubenblatt, Federal 
Communications Commission, Wireless Telecommunications Bureau, 
Commercial Wireless Division, 445 Twelfth Street, SW., Room 4A260, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Joel Taubenblatt, Wireless 
Telecommunications Bureau, at (202) 418-1513.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, DA 
00-2907, released December 26, 2000. The Public Notice is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, 445 Twelfth Street, SW., Washington DC. The complete 
text may be purchased from the Commission's copy contractor, 
International Transcription Service, Inc., 445 Twelfth Street, SW., 
Room CY-B402, Washington DC 20554, (202) 857-3800. The document is also 
available via the internet at: http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000 under the DA 00-2907 file.

Appendix A to the Public Notice

Draft Nationwide Programmatic Agreement among the Federal 
Communications Commission, the National Conference of State Historic 
Preservation Officers and the Advisory Council on Historic Preservation 
for the Co-location of Antennas

    Whereas, the Federal Communications Commission (FCC) establishes 
rules and procedures for licensing wireless communications systems in 
the United States and its Possessions and Territories; and,
    Whereas, the FCC has deregulated the review of applications for the 
construction of individual wireless communications antennas and, under 
this framework, licensees are required to prepare an environmental 
assessment (EA) when the licensee determines that the proposed 
construction falls within one of certain environmental categories, 
including situations which may affect historical sites listed or 
eligible for listing in the National Register; and,
    Whereas, Section 106 of the National Historic Preservation Act 
requires federal agencies to take into account the effects of their 
undertakings on historic properties and to give the Advisory Council on 
Historic Preservation (Council) a reasonable opportunity to comment; 
and,
    Whereas, Section 36 CFR 800.14(b) of the Council's regulations, 
``Protection of Historic Properties'' (36 CFR Part 800), 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 Organizations (THPOs), and the Council 
to discuss improved coordination of Section 106 compliance regarding 
wireless communications projects involving historic properties; and,
    Whereas, the FCC, the Council and Working Group have developed this 
Programmatic Agreement in accordance with 36 CFR 800.14(b) to address 
the Section 106 review process as it applies to the co-location of 
antennas (i.e., the placement of antennas on existing towers and 
existing buildings and other non-tower structures); and,
    Whereas, the FCC encourages licensees to consider co-location of 
antennas where technically and economically feasible, in order to 
minimize the need for new tower construction; and,
    Whereas, the execution of this Nationwide Programmatic Agreement 
will streamline the Section 106 review of co-location proposals and 
thereby minimize the need for the construction of new towers, thus 
limiting potential effects on historic properties resulting from the 
construction of new towers; and,
    Whereas, the FCC and the Council have agreed that measures should 
be incorporated into a Nationwide Programmatic Agreement to better 
manage the Section 106 consultation process and streamline reviews for 
co-location of antennas; and,
    Whereas, the FCC has consulted with the National Conference of 
State Historic Preservation Officers (NCSHPO) and requested its 
signature on this Nationwide Programmatic Agreement in accordance with 
36 CFR 800.14(b)(2)(iii); and,
    Whereas, the FCC has consulted with Indian Tribes regarding the 
terms of this Nationwide Programmatic Agreement and clarified that the 
terms of this Programmatic Agreement do not apply on tribal lands, nor 
does it preclude Indian tribes or Native Hawaiian Organizations from 
requesting consultation with the FCC regarding co-location activities; 
and,
    Whereas, the execution and implementation of this Nationwide 
Programmatic Agreement will not preclude members of the public from 
filing complaints regarding Section 106 with the FCC or the Council 
regarding the construction of 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 co-
location of antennas involving historic properties as follows.

Stipulations

    The FCC, in coordination with licensees or tower construction 
companies, will ensure that the following measures are carried out. For 
the purpose of this Programmatic Agreement, ``towers'' are defined as 
structures built for the primary purpose of siting equipment used for 
radio communications services.

[[Page 796]]

I. Co-Location of Antennas on Existing Towers Constructed on or Before 
December 31, 2000
    A. A licensee or tower construction company may place new antennas 
on existing towers constructed on or before December 31, 2000 without 
such undertakings having to be 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 Attachment A; or
    2. The construction of the tower has been determined to have an 
effect on historic properties by the FCC, unless such effect has been 
avoided, minimized or mitigated through an existing conditional No 
Adverse Effect determination or Memorandum of Agreement; 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 licensee or tower construction company or its authorized 
representative has received written or electronic notice from any 
source, which notice can be provided at any time, that the FCC is in 
receipt of a pending complaint or allegation from a member of the 
public, a SHPO/THPO or the Council that the co-location has an adverse 
effect on historic properties.
II. Co-Location of Antennas on New Towers Constructed After December 
31, 2000
    A. A licensee or tower construction company may mount antennas on 
towers constructed after December 31, 2000 without such undertakings 
having to be 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 Attachment A; or
    3. The construction of the tower has been determined to have an 
effect on historic properties by the FCC, unless such effect has been 
avoided, minimized or mitigated through a conditional No Adverse Effect 
determination or execution of a Memorandum of Agreement; or
    4. The licensee or tower construction company or its authorized 
representative has received written or electronic notice from any 
source, which notice can be provided at any time, that the FCC is in 
receipt of a pending complaint or allegation from an interested person, 
a SHPO/THPO or the Council that the co-location has an adverse effect 
on historic properties.
III. Co-Location of Antennas on Buildings and Non-Tower Structures 
Outside of Historic Districts
    A. A licensee may mount antennas on buildings or non-tower 
structures without such undertakings having to be 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 visible from the ground level of the historic district, 
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, designated as an historic property by the local 
jurisdiction, listed in the State register of historic properties, or 
listed in or eligible for listing in the National Register of Historic 
Places based upon the review of the licensee or tower construction 
company; or
    4. The mounting of the antenna on the non-tower structure or 
building 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
    5. The licensee or tower construction company or its authorized 
representative has received written or electronic notice from any 
source, which notice can be provided at any time, that the FCC is in 
receipt of a pending complaint or allegation from an interested person, 
a SHPO/THPO or the Council that the mounting of the antenna on the 
building or other non-tower structure has an adverse effect on historic 
properties.
    B. Should the SHPO/THPO or Council determine that the co-location 
of an antenna or its associated equipment installed under the terms of 
Stipulation III has resulted in an adverse effect on historic 
properties, the SHPO/THPO or Council shall notify the FCC accordingly. 
The FCC shall comply with the requirements of Section 106 and 36 CFR 
Part 800 for this particular undertaking.
IV. Monitoring
    A. Licensees and tower construction companies shall retain records 
of the placement of all their antennas, including co-locations subject 
to this Nationwide Programmatic Agreement, consistent with FCC rules 
and procedures.
    B. The Council will forward to the FCC any written objections it 
receives from members of the public regarding a co-location 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 company.
V. Termination
    A. If the FCC determines that it cannot implement the terms of this 
Nationwide Programmatic Agreement, or if the NCSHPO or Council 
determines that the Programmatic Agreement is not being properly 
implemented, the FCC, NCSHPO or Council may propose to other 
signatories that the Programmatic Agreement be terminated.
    B. The party proposing to terminate the Programmatic Agreement 
shall so notify all signatories in writing, explaining the reasons for 
the proposed termination and affording them at least thirty (30) days 
to consult and seek alternatives to termination. Should the 
consultation fail, the Programmatic Agreement will be terminated.
    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 Section 106 on a case-by-
case basis for co-location activities.
VI. Duration of the Programmatic Agreement
    A. This Programmatic Agreement for co-location 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 co-
location of antennas covered under the FCC's rules, and that the FCC 
has taken into account the effects of these undertakings 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

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Advisory Council on Historic Preservation

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National Conference of State Historic Preservation Officers

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Attachment A

Definition of ``Substantial Increase in the Size of the Tower''

    For purposes of this document, the term ``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; 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; 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.

    Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 01-126 Filed 1-3-01; 8:45 am]
BILLING CODE 6712-01-P