[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Proposed Rules]
[Pages 39611-39618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13835]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WT Docket No. 15-180; DA 16-519]
Comment Sought on Proposed Amended Nationwide Programmatic
Agreement for the Collocation of Wireless Antennas
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; request for comments.
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SUMMARY: In this document, the Federal Communications Commission's
Wireless Telecommunications Bureau (Bureau) seeks public comment on a
proposed Amended Nationwide Programmatic Agreement for the Collocation
of Wireless Antennas to address the review of deployments of small
wireless antennas and associated equipment under Section 106 of the
National Historic Preservation Act (NHPA).
DATES: Comments are due on or before June 27, 2016.
ADDRESSES: You may submit comments, identified by DA No. 16-519; WT
Docket No. 15-180, by any of the following methods:
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the Commission's Electronic Comment
Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/.
[ssquf] Paper Filers: Parties who choose to file by paper should
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
should submit two additional copies for each additional docket or
rulemaking number.
[ssquf] Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be
addressed to 445 12th Street SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Stephen DelSordo, (202) 418-1986 or
[email protected], or Paul D'Ari, 202-418-1550 or
[email protected]. Media contact: Cecilia Sulhoff, (202) 418-0587 or
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's document
in, DA No. 16-519, WT Docket No. 15-180, released May 12, 2016. The
full text of this document, including the associated attachments, is
available for inspection and copying from 8:00 a.m. to 4:30 p.m. ET
Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays
in the FCC Reference Information Center, Portals II, 445 12th Street
SW., Room CY-A257, Washington, DC 20554. The complete text is also
available on the Commission's Web site at http://wireless.fcc.gov, or
by using the search function on the ECFS Web page at http://www.fcc.gov/cgb/ecfs/. Alternative formats are available to persons
with disabilities by sending an email to [email protected] or by calling
the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
By this document, the Wireless Telecommunications Bureau (Bureau)
seeks public comment on the proposed Amended Nationwide Programmatic
Agreement for the Collocation of Wireless Antennas (Amended Collocation
Agreement) to address the review of deployments of small wireless
antennas and associated equipment under Section 106 of the National
Historic Preservation Act (NHPA) (54 U.S.C. 306108 (formerly codified
at 16 U.S.C. 470f)). The Bureau proposes to amend the current
Nationwide Programmatic Agreement for the Collocation of Wireless
Antennas (Collocation Agreement) (47 CFR pt. 1, App. B) to account for
the limited potential of small wireless antennas and associated
equipment, including Distributed Antenna Systems (DAS) and small cell
facilities, to affect historic properties. The Bureau also proposes
minor amendments intended to clarify pre-existing provisions of the
Collocation Agreement without modifying how those provisions will be
administered going forward.
The Bureau proposes these amendments in order to enable swift and
responsible deployment of wireless broadband services--including
deployments that will support next generation ``5G'' wireless service
offerings--while maintaining the vital role that States and Tribal
Nations play in reviewing projects with potentially significant
effects. As Federal Communications Commission (``Commission or FCC'')
Chairman Wheeler has observed, the evolution to 5G is a ``hinge
moment'' in technological advancement. The Bureau's proposal is
designed to leverage this moment and facilitate nationwide wireless
broadband deployment while ensuring at the same
[[Page 39612]]
time that the Commission's rules reflect the NHPA's values and
obligations.
To fulfill its responsibilities under the NHPA, the Commission has
incorporated the requirements of Section 106 of the NHPA into its
environmental rules. Section 1.1307(a)(4) of the Commission's rules (47
CFR 1.1307(a)(4)) directs licensees and applicants to follow the
procedures in the rules of the Advisory Council for Historic
Preservation (ACHP), as modified by two programmatic agreements
executed by the Commission with ACHP and the National Conference of
State Historic Preservation Officers (NCSHPO) (47 CFR pt. 1, Apps. B
and C), in order to determine whether certain undertakings will affect
historic properties. The Nationwide Programmatic Agreement for Review
of Effects on Historic Properties for Certain Undertakings Approved by
the Federal Communications Commission (NPA) generally addresses new
tower construction, and the Collocation Agreement addresses historic
preservation review for collocations on existing towers, buildings, and
other non-tower structures. Under the Collocation Agreement, most
antenna collocations on existing structures are excluded from Section
106 historic preservation review, with a few defined exceptions to
address potentially problematic situations.
In the Infrastructure Report and Order, 80 FR 1238, Jan. 8, 2015,
the Commission recognized that DAS networks and small cell facilities
use components that are a fraction of the size of traditional cell
tower deployments and can often be installed on utility poles,
buildings, and other existing structures with limited or no potential
to cause adverse effects on historic properties. Accordingly, the
Commission eliminated some Section 106 reviews of proposed deployments
of small wireless communications facilities by adopting two targeted
exclusions from Section 106 review for certain small-facility
collocations on utility structures and on buildings and other non-tower
structures, provided that they meet certain specified criteria. The
Commission also stated that there is room for additional improvement in
this area, and determined that any more comprehensive measures would
require additional consideration and consultation and would be more
appropriately addressed and developed through the program alternative
process. The Commission committed to work with ACHP and other
interested parties to develop a program alternative to promote
additional appropriate efficiencies in the historic preservation review
of DAS and small-cell deployments.
This proposal to amend the Collocation Agreement modifies an
existing program alternative established in accordance with Section
800.14 of ACHP's rules (36 CFR 800.14). The Collocation Agreement
establishes procedures for its amendment, and ACHP's rules require that
the Commissions arrange for public participation appropriate to the
subject matter and the scope of the category of covered undertakings.
On July 28, 2015, the Bureau formally commenced this proceeding by
releasing the Public Notice and Section 106 Scoping Document (Comment
Sought on Scoping Document Under Section 106 of the National Historic
Preservation Act, 80 FR 51174, Aug. 8, 2015), inviting comment on
amending the Collocation Agreement to facilitate the review process for
deployments of small wireless communications facilities under Section
106 of the NHPA (54 U.S.C. 306108).
The Bureau developed its specific proposal for amending the
Collocation Agreement after considering the comments filed in response
to the Section 106 Scoping Document and additional information provided
at meetings with industry representatives and other interested parties.
The proposal has been informed by engagement with ACHP, State Historic
Preservation Officers (SHPOs), Tribal Historic Preservation Officers
(THPOs), and Tribal Nations. In accordance with ACHP's requirements,
this document seeks comment on the proposed Amended Collocation
Agreement; the Bureau will also publish notice of the proposed Amended
Collocation Agreement in the Federal Register, giving all interested
parties an opportunity to comment on the record at the decisional
stage.
After considering the comments received in response to this
document, the Bureau expects to submit a proposed Amended Collocation
Agreement to the other original signatories: ACHP and NCSHPO.
The proposed Amended Collocation Agreement would supplement the two
targeted exclusions from Section 106 review and the NPA that the
Commission adopted in the Infrastructure Report and Order for DAS and
small cell deployments, as well as the exclusions set forth in the
Collocation Agreement, as adopted in 2001. The proposed Amended
Collocation Agreement would tailor the Section 106 process for DAS and
small cell deployments by excluding deployments that have minimal
potential for adverse effects on historic properties. Illustrative
examples of small facility deployments may be viewed at https://www.fcc.gov/file/3813/download.
Exclusion Relating to the Collocation of Small Wireless Antennas
and Associated Equipment on Buildings and Non-Tower Structures Outside
of Historic Districts. The current Collocation Agreement provides an
exclusion for collocations, outside of historic districts, on buildings
and non-tower structures that are not over 45 years of age. The
proposed amendment to the Collocation Agreement would add new
Stipulation VI, which establishes an exclusion for small wireless
antennas and associated equipment mounted on buildings or non-tower
structures or in the interior of buildings that are over 45 years of
age if they are not historic properties and are outside of historic
districts. Under the terms of the proposed exclusion, a small wireless
antenna may be mounted on an existing building or non-tower structure
or in the interior of a building regardless of the building's or
structure's age without review under the Section 106 process set forth
in the NPA unless: (1) The building or structure is inside the boundary
of a historic district, or if the antenna is visible from the ground
level of a historic district, the building or structure is within 250
feet of the boundary of the historic district; (2) the building or
structure is either a designated National Historic Landmark, or listed
in or eligible for listing in the National Register of Historic Places;
or (3) the licensee or owner of the building or structure has received
notification that the Commission has received a complaint from a member
of the public, a Tribal Nation, a SHPO, or ACHP that the collocation
has an adverse effect on one or more historic properties. This
amendment establishes volumetric limits for antennas and other wireless
equipment associated with the structure that are eligible for the
exclusion, and restrictions on ground disturbance, with an exemption
for up to four lightning grounding rods not exceeding a specified size
per project. The volume of any deployed equipment that is not visible
from public spaces at the ground level from 250 feet or less may be
omitted from the calculation of volumetric limits cited in this
Stipulation.
Exclusion Relating to Minimally Visible Deployments of Small
Wireless Antennas and Associated Equipment on Structures in Historic
Districts or on Historic Properties. The proposed Amended Collocation
Agreement would also add a new Stipulation VII.A to
[[Page 39613]]
provide an exclusion from review for a small wireless antenna and
associated equipment mounted on a building or non-tower structure (or
in the interior of a building) that is a historic property or inside or
within 250 feet of the boundary of a historic district, subject to
visibility limits. Under these limits, that antenna or antenna
enclosure must be the only equipment that is visible from the ground
level or from public spaces within the building (if the antenna is
mounted in the interior of a building), that antenna or enclosure must
not exceed 3 cubic feet in volume, and the antenna must be installed
using stealth techniques that match or complement the structure on
which or within which it is deployed. Under this exclusion, no other
antenna on the building or non-tower structure may be visible from the
ground level or from public spaces within the building (for an antenna
mounted in the interior of a building). The amendment includes
provisions restricting the visibility of an antenna's associated
equipment, and requires that the facilities be installed in a way that
does not damage historic materials and that permits the removal of such
facilities without damaging historic materials. The amendment also
includes limits on the extent of ground disturbance associated with the
collocation, and on the number and size of lightning grounding rods
that may be installed.
Exclusion Relating to Visible Small Wireless Antennas and
Associated Equipment Deployments on Historic Properties or in Historic
Districts. The proposed amendments to the Collocation Agreement would
add new Stipulations VII.B, VII.C, and VII.D, providing narrow
exclusions from the Section 106 process set forth in the NPA for
visible small wireless antennas and associated equipment in historic
districts under limited circumstances. New Section VII.B would provide
an exclusion for a small wireless antenna including associated
equipment mounted on a utility structure (including utility poles or
electric transmission towers, but not including traffic lights, light
poles, lamp posts, and other structures whose primary purpose is to
provide public lighting) that is in active use by a utility company and
either is a historic property, is located on a historic property, or is
located inside or within 250 feet of the boundary of a historic
district. This proposed amendment provides that: (1) The antenna,
excluding the associated equipment, must fit in an enclosure (or if the
antenna is exposed, within an imaginary enclosure, i.e., one that would
be the correct size to contain the equipment) that is no more than
three cubic feet in volume, with a cumulative limit of 6 cubic feet for
more than one antenna/antenna enclosure; (2) the wireless equipment
associated with the antenna and any pre-existing associated equipment
on the structure, but excluding cable runs for the connection of power
and other services, may be no more than 21 cubic feet in volume; and
(3) the extent of ground disturbance associated with the deployment,
and the number and size of lightning grounding rods that may be
installed, is limited.
Proposed Stipulation VII.C specifies that the foregoing proposed
exclusion for utility poles in historic districts would not apply to
collocations on a traffic control structure (i.e., traffic light) or on
a light pole, lamp post, or other structure whose primary purpose is to
provide public lighting, where the structure is located inside or
within 250 feet of the boundary of a historic district. However, this
section also provides that such proposed collocations may be excluded
from such review on a case-by-case basis, if: (1) The collocation meets
specified volumetric and ground disturbance limits; and (2) the
structure is not historic (not a designated National Historic Landmark
or a property listed in or eligible for listing in the National
Register of Historic Places) or considered a contributing element to
the historic district. The amendment sets forth a process under which
such collocations may qualify for the exclusion, which includes
providing the SHPO with an opportunity to concur with the applicant's
determination that the structure is not a contributing element.
The newly proposed Stipulation VII.D excludes from routine Section
106 review a small wireless communications facility located on a
building or non-tower structure or in the interior of a building that
is a historic property or is inside or within 250 feet of the boundary
of a historic district, regardless of visibility, provided that the
facility is an in-kind replacement for an existing facility, and it
does not exceed the greater of the size of the existing antenna/antenna
enclosure and associated equipment, or volumetric limits specified in
the amendment. The replacement of the facilities (including antenna(s)
and associated equipment as defined in the Amended Collocation
Agreement) must not damage historic materials and must permit removal
of such facilities without damaging historic materials. In addition,
the extent of ground disturbance associated with the deployment, and
the number and size of lightning grounding rods that may be installed,
is limited.
Newly proposed Stipulation VII.E provides that a small antenna
mounted inside a building or non-tower structure and subject to the
provisions of Stipulation VII must be installed in a way that does not
damage historic materials and permits removal of such facilities
without damaging historic materials.
Paperwork Reduction Act of 1995
This document contains proposed new information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and OMB to comment
on the information collection requirements contained in this document,
as required by the Paperwork Reduction Act of 1995, Public Law 104-13.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific
comment on how we might further reduce the information collection
burden for small business concerns with fewer than 25 employees.
There are a number of other proposed minor amendments to the
Collocation Agreement. These include revisions to the preamble that:
(1) Define our policy goals in amending the Collocation Agreement; (2)
define ``Antenna''; (3) update the Agreement to refer to the NPA; and
(4) clarify the definition of ``Collocation.'' Other proposed
amendments are intended to clarify and simplify the Collocation
Agreement, without changing the way the exclusions have worked in
practice. Thus, the amended Agreement: (1) Updates the cite to the
NHPA; (2) clarifies the terms of the exclusions under Stipulations III
and IV by simplifying the criteria that make towers ineligible for the
exclusions and making clear that complaints from Tribal Nations (as
well as SHPOs, ACHP, and the public) may make a tower ineligible; and
(3) provides a process for the public to notify the FCC regarding any
concerns with the application of the Collocation Agreement to specific
undertakings (similar to the existing process under the NPA).
This proceeding continues to be treated as exempt under the
Commission's ex parte rules. Accordingly, parties do not need to submit
ex parte filings for communications concerning the development of the
amendments to the Collocation Agreement. See 80 FR at 51175.
Comments may be filed using the Commission's Electronic Comment
[[Page 39614]]
Filing System (``ECFS''). All filings should refer to WT Docket No 15-
180. Comments may be filed using: (1) The Commission's Electronic
Comment Filing System (ECFS), or (2) by filing paper copies. See the
ADDRESSES section.
Availability of Documents: Comments will be available for public
inspection during regular business hours in the FCC Reference Center,
Federal Communications Commission, 445 12th Street SW., CY-A257,
Washington, DC 20554. These documents will also be available via ECFS.
http://fjallfoss.fcc.gov/ecfs2/. Documents will be available
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.
Accessibility information: To request information in accessible
formats (computer diskettes large print, audio recording, and Braille),
send an email to [email protected] or call the FCC's Consumer and
Governmental Affairs Bureau at (202) 418-0530(voice), (202) 418-
0432(TTY). This document can also be downloaded in Word and Portable
Document Format (PDF) at www.fcc.gov.
List of Subjects in 47 CFR Part 1
Broadband, Communications, Communications common carriers,
Reporting and recordkeeping requirements, Telecommunications.
Federal Communications Commission.
Sue McNeil,
Chief of Staff, Wireless Telecommunications Bureau.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 1 as follows:
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79, et seq.; 47 U.S.C. 151, 154(i),
154(j), 155, 157, 160, 201, 225, 227, 303, 309, 332, 1403, 1404,
1451, 1452, and 1455.
0
2. Revise Appendix B to part 1 as follows:
Appendix B to Part 1--Amended 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 FCC's rules (47
CFR 1.1307), including situations which may affect historical sites
listed or eligible for listing in the NationalRegister of Historic
Places (``National Register''); and,
WHEREAS, Section 106 of the National Historic Preservation Act
(54 U.S.C. 300101 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 Council's 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 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.B 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 FCC, the Council, and the National Conference of
State Historic Preservation Officers (NCSHPO) executed this
Nationwide Collocation Programmatic Agreement on March 16, 2001 to
streamline the Section 106 review of collocation proposals and
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, 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 Middle Class Tax Relief and Job Creation Act of
2012 (Title VI--Public Safety Communications and Electromagnetic
Spectrum Auctions, Middle Class Tax Relief and Job Creation Act of
2012, Pub. L. 112-96, 126 Stat. 156 (2012)) was adopted with the
goal of advancing wireless broadband services, and the amended
provisions in this Agreement further that goal; and,
WHEREAS, advances in wireless technologies since 2001 have
produced systems that use smaller antennas and compact radio
equipment, including those used in Distributed Antenna Systems (DAS)
and small cell systems, which are a fraction of the size of
traditional cell tower deployments and can be installed on utility
poles, buildings, and other existing structures as collocations;
and,
WHEREAS, the parties to this Collocation Agreement have taken
into account new technologies involving use of small antennas that
may often be collocated on utility poles, buildings, and other
existing structures and increase the likelihood that such
collocations will have minimal and not adverse effects on historic
properties, and rapid deployment of such infrastructure may help
meet the surging demand for wireless services, expand broadband
access, support innovation and wireless opportunity, and enhance
public safety--all to the benefit of consumers and the communities
in which they live; and,
WHEREAS, the FCC, the Council, and NCSHPO have agreed that these
new measures should be incorporated into this programmatic agreement
to better manage the Section 106 consultation process and streamline
reviews for collocation of antennas; and,
WHEREAS, the FCC, the Council, and NCSHPO have crafted these new
measures with the goal of promoting technological neutrality, with
the goal of obviating the need for further amendments in the future
as technologies evolve; and,
WHEREAS, notwithstanding the intent to draft provisions in a
manner that obviates the need for future amendments, in light of the
public benefits associated with rapid deployment of the facilities
required to provide broadband wireless services, the FCC, the
Council, and NCSHPO have agreed that changes in technology and other
factors relating to the placement and operation of wireless antennas
and associated equipment may necessitate further amendments to this
Collocation Agreement in the future; and,
WHEREAS, the FCC, the Council, and NCSHPO have agreed that with
respect to the amendments involving the use of small antennas, such
amendments affect only the FCC's review process under Section 106 of
the NHPA, and would not limit State and local governments' authority
to enforce their own historic preservation requirements consistent
with Section 332(c)(7) of the Communications Act and Section 6409(a)
of the Middle Class Tax Relief and Job Creation Act of 2012; 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 FCC's compliance with the
Council's rules, in accordance and consistent with Section 106 of
the National Historic Preservation Act and
[[Page 39615]]
its implementing regulations found at 36 CFR part 800; and,
WHEREAS, the FCC has consulted with 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, February 8,
2001, April 17, 2015, July 28, 2015, and May 12, 2016, and through
dialogue at intertribal conferences and during conference calls;
and,
WHEREAS, the terms of this Programmatic Agreement do not apply
on ``tribal lands'' as defined under Section 800.16(x) of the
Council's 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,
applicants for antenna licenses, and others deemed appropriate by
the FCC, will ensure that the following measures are carried out.
I. Definitions
For purposes of this Nationwide Programmatic Agreement, the
following definitions apply.
A. ``Antenna'' means an apparatus designed for the purpose of
emitting radio frequency (``RF'') radiation, to be operated or
operating from a fixed location pursuant to FCC authorization, for
the transmission of writing, signs, signals, data, images, pictures,
and sounds of all kinds, including the transmitting device and any
on-site equipment, switches, wiring, cabling, power sources,
shelters or cabinets associated with that antenna and added to a
Tower, structure, or building as part of the original installation
of the antenna. For purposes of this Agreement, the term Antenna
does not include unintentional radiators, mobile stations, or
devices authorized under Part 15 of the FCC's rules.
B. ``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, whether or not there is an existing antenna
on the structure.
C. ``NPA'' is the Nationwide Programmatic Agreement Regarding
the Section 106 National Historic Preservation Act Review Process
(47 CFR part 1, App. C).
D. ``Tower'' is any structure built for the sole or primary
purpose of supporting FCC-licensed antennas and their associated
facilities.
E. ``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 Stipulations I.A
and I.B, 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
through the Section 106 process set forth in the NPA, unless:
1. The mounting of the antenna will result in a substantial
increase in the size of the tower as defined in Stipulation I.E,
above; or
2. The tower has been determined by the FCC to have an adverse
effect on one or more historic properties, where such effect has not
been avoided or mitigated through a conditional no adverse effect
determination, a Memorandum of Agreement, a programmatic agreement,
or a finding of compliance with Section 106 and the NPA; 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, an Indian Tribe,
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 through
the Section 106 process set forth in the NPA, unless:
1. The Section 106 review process for the existing tower set
forth in 36 CFR part 800 (including any applicable program
alternative approved by the Council pursuant to 36 CFR 800.14) 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.E,
above; or
3. The tower as built or proposed has been determined by the FCC
to have an adverse effect on one or more historic properties, where
such effect has not been avoided or mitigated through a conditional
no adverse effect determination, a Memorandum of Agreement, a
Programmatic Agreement, or otherwise in compliance with Section 106
and the NPA; 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, an Indian Tribe,
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 through the
Section 106 process set forth in the NPA, unless:
1. The building or structure is over 45 years old, and the
collocation does not meet
[[Page 39616]]
the criteria established in Stipulation VI herein for collocations
of small antennas; \1\ or
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\1\ Stipulation VI in this Agreement applies to the collocation
of small wireless antennas and associated equipment on buildings and
non-tower structures outside of historic districts regardless of the
building's or structure's age. Suitable methods for determining the
age of a building or structure include, but are not limited to: (1)
Obtaining the opinion of a consultant who meets the Secretary of
Interior's Professional Qualifications Standards for Historian or
for Architectural Historian (36 CFR part 61); or (2) consulting
public records.
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2. The building or structure is inside the boundary of a
historic district, or if the antenna is visible from the ground
level of a historic district, the building or structure is within
250 feet of the boundary of the historic district, and the
collocation does not meet the criteria established in Stipulation
VII herein for collocations of small or minimally visible antennas;
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,\2\ and the collocation does
not meet the criteria established in Stipulation VII herein for
collocations of small or minimally visible antennas; or
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\2\ The NPA provides that in order to determine whether a
property is listed in or eligible for being listed in the National
Register, the Applicants are required to review records that are
available at the offices of the SHPO/THPO or through publicly
available sources identified by the SHPO/THPO. NPA, Stipulation
VI.D.1.A.
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4. The collocation licensee or the owner of the building or non-
tower structure has received written or electronic notification that
the FCC is in receipt of a complaint from a member of the public, an
Indian Tribe, 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 the NPA for this particular
collocation.
VI. Collocation of Small Wireless Antennas and Associated Equipment on
Buildings and Non-Tower Structures Outside of Historic Districts
A. A small wireless antenna (including associated equipment
included in the definition of Antenna in Stipulation I.A.) may be
mounted on an existing building or non-tower structure or in the
interior of a building regardless of the building's or structure's
age without such collocation being reviewed through the Section 106
process set forth in the NPA unless:
1. The building or structure is inside the boundary of a
historic district, or if the antenna is visible from the ground
level of a historic district, the building or structure is within
250 feet of the boundary of the historic district; or
2. The building or non-tower structure is either a designated
National Historic Landmark, or listed in or eligible for listing in
the National Register of Historic Places; or
3. The collocation licensee or the owner of the building or non-
tower structure has received written or electronic notification that
the FCC is in receipt of a complaint from a member of the public, an
Indian Tribe, 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; or
4. The antennas and associated equipment exceed the volume
limits specified below:
a. Each individual antenna, excluding the associated equipment
(as defined in the definition of Antenna in Stipulation I.A.), that
is part of the collocation must fit within an enclosure (or if the
antenna is exposed, within an imaginary enclosure, i.e., one that
would be the correct size to contain the equipment) that is
individually no more than three cubic feet in volume, and all
antennas on the structure, including any pre-existing antennas on
the structure, must in aggregate fit within enclosures (or if the
antennas are exposed, within imaginary enclosures, i.e., ones that
would be the correct size to contain the equipment) that total no
more than six cubic feet in volume; and,
b. All other wireless equipment associated with the structure,
including pre-existing enclosures and including equipment on the
ground associated with antennas on the structure, but excluding
cable runs for the connection of power and other services, may not
cumulatively exceed:
i. 28 cubic feet for collocations on all non-pole structures
(including but not limited to buildings and water tanks) that can
support fewer than 3 providers;
ii. 21 cubic feet for collocations on all pole structures
(including but not limited to light poles, traffic signal poles, and
utility poles) that can support fewer than 3 providers;
iii. 35 cubic feet for non-pole collocations that can support at
least 3 providers; and,
iv. 28 cubic feet for pole collocations that can support at
least 3 providers; or,
5. The depth and width of any proposed ground disturbance
associated with the collocation exceeds the depth and width of any
previous ground disturbance (including footings and other anchoring
mechanisms). Up to four lightning grounding rods of no more than
three-quarters of an inch in diameter may be installed per project
regardless of the extent of previous ground disturbance.
B. The volume of any deployed equipment that is not visible from
public spaces at the ground level from 250 feet or less may be
omitted from the calculation of volumetric limits cited in this
Section.
VII. Collocation of Small or Minimally Visible Wireless Antennas and
Associated Equipment in Historic Districts or on Historic Properties
A. A small antenna (including associated equipment included in
the definition of Antenna in Stipulation I.A.) may be mounted on a
building or non-tower structure or in the interior of a building
that is (1) a historic property (including a property listed in or
eligible for listing in the National Register of Historic Places) or
(2) inside or within 250 feet of the boundary of a historic district
without being reviewed through the Section 106 process set forth in
the NPA, provided that:
1. The antenna or antenna enclosure (including any existing
antenna), excluding associated equipment, is the only equipment that
is visible from the ground level, or from public spaces within the
building (if the antenna is mounted in the interior of a building),
and provided that the following conditions are met:
a. No other antennas on the building or non-tower structure are
visible from the ground level, or from public spaces within the
building (for an antenna mounted in the interior of a building);
b. The antenna that is part of the collocation fits within an
enclosure (or if the antenna is exposed, within an imaginary
enclosure i.e., one that would be the correct size to contain the
equipment) that is no more than three cubic feet in volume; and,
c. The antenna is installed using stealth techniques that match
or complement the structure on which or within which it is deployed;
2. The antenna's associated equipment is not visible from:
a. The ground level anywhere in a historic district (if the
antenna is located inside or within 250 feet of the boundary of a
historic district); or,
b. Immediately adjacent streets or public spaces at ground level
(if the antenna is on a historic property that is not in a historic
district); or,
c. Public spaces within the building (if the antenna is mounted
in the interior of a building.
3. The facilities (including antenna(s) and associated equipment
identified in the definition of Antenna in Stipulation I.A.) are
installed in a way that does not damage historic materials and
permits removal of such facilities without damaging historic
materials; and,
4. The depth and width of any proposed ground disturbance
associated with the collocation does not exceed the depth and width
of any previous ground disturbance (including footings and other
anchoring mechanisms). Up to four lightning grounding rods of no
more than three-quarters of an inch in diameter may be installed per
project, regardless of the extent of previous ground disturbance.
B. A small antenna (including associated equipment included in
the definition of Antenna in Stipulation I.A.) may be mounted on a
utility structure (including utility poles or electric transmission
towers, but not including light poles, lamp posts, and other
structures whose primary purpose is to
[[Page 39617]]
provide public lighting) that is in active use by a utility company
(as defined in Section 224 of the Communications Act) and is either:
(1) A historic property (including a property listed in or eligible
for listing in the National Register of Historic Places); (2)
located on a historic property (including a property listed in or
eligible for listing in the National Register of Historic Places);
or (3) located inside or within 250 feet of the boundary of a
historic district, without being reviewed through the Section 106
process set forth in the NPA, provided that:
1. The antenna, excluding the associated equipment, fits within
an enclosure (or if the antenna is exposed, within an imaginary
enclosure, i.e., one that would be the correct size to contain the
equipment) that is no more than three cubic feet in volume, with a
cumulative limit of 6 cubic feet if there is more than one antenna/
antenna enclosure on the structure;
2. The wireless equipment associated with the antenna and any
pre-existing antennas and associated equipment on the structure, but
excluding cable runs for the connection of power and other services,
are cumulatively no more than 21 cubic feet in volume; and,
3. The depth and width of any proposed ground disturbance
associated with the collocation does not exceed the depth and width
of any previous ground disturbance (including footings and other
anchoring mechanisms). Up to four lightning grounding rods of no
more than three-quarters of an inch in diameter may be installed per
project, regardless of the extent of previous ground disturbance.
C. Proposals to mount a small antenna on a traffic control
structure (i.e., traffic light) or on a light pole, lamp post or
other structure whose primary purpose is to provide public lighting,
where the structure is located inside or within 250 feet of the
boundary of a historic district, are generally subject to review
through the Section 106 process set forth in the NPA. These proposed
collocations will be excluded from such review on a case-by-case
basis, if the structure is not historic (not a designated National
Historic Landmark or a property listed in or eligible for listing in
the National Register of Historic Places) or considered a
contributing element to the historic district, under the following
procedures:
1. The applicant must request in writing that the SHPO concur
with the applicant's determination that the structure is not a
contributing element to the historic district.
2. The applicant's written request must specify the traffic
control structure, light pole, or lamp post on which the applicant
proposes to collocate and explain why the structure is not a
contributing element based on the age and type of structure, as well
as other relevant factors.
3. The SHPO has thirty days from its receipt of such written
notice to inform the applicant whether it disagrees with the
applicant's determination that the structure is not a contributing
element to the historic district.
4. If within the thirty-day period, the SHPO informs the
applicant that the structure is a contributing element or that the
applicant has not provided sufficient information for a
determination, the applicant may not deploy its facilities on that
structure without completing the Section 106 review process.
5. If, within the thirty day period, the SHPO either informs the
applicant that the structure is not a contributing element, or the
SHPO fails to respond to the applicant within the thirty-day period,
the applicant has no further Section 106 review obligations,
provided that the collocation meets the following requirements:
a. The antenna, excluding the associated equipment, fits within
an enclosure (or if the antenna is exposed, within an imaginary
enclosure, i.e., one that would be the correct size to contain the
equipment) that is no more than three cubic feet in volume, with a
cumulative limit of 6 cubic feet if there is more than one antenna/
antenna enclosure on the structure;
b. The wireless equipment associated with the antenna and any
pre-existing antennas and associated equipment on the structure, but
excluding cable runs for the connection of power and other services,
are cumulatively no more than 21 cubic feet in volume; and,
c. The depth and width of any proposed ground disturbance
associated with the collocation does not exceed the depth and width
of any previous ground disturbance (including footings and other
anchoring mechanisms). Up to four lightning grounding rods of no
more than three-quarters of an inch in diameter may be installed per
project, regardless of the extent of previous ground disturbance.
D. An existing small antenna that is mounted on a building or
non-tower structure or in the interior of a building that is (1) a
historic property (including a designated National Historic Landmark
or a property listed in or eligible for listing in the National
Register of Historic Places) or (2) inside or within 250 feet of the
boundary of a historic district, regardless of visibility, may be
replaced without being reviewed through the Section 106 process set
forth in the NPA, provided that:
1. The facility is a replacement for an existing facility, and
it does not exceed the greater of:
a. The size of the existing antenna/antenna enclosure and
associated equipment that is being replaced; or,
b. The following limits for the antenna and its associated
equipment:
i. The antenna, excluding the associated equipment, fits within
an enclosure (or if the antenna is exposed, within an imaginary
enclosure, i.e., one that would be the correct size to contain the
equipment) that is no more than three cubic feet in volume, with a
cumulative limit of 6 cubic feet if there is more than one antenna/
antenna enclosure on the structure; and,
ii. The wireless equipment associated with the antenna and any
pre-existing antennas and associated equipment on the structure, but
excluding cable runs for the connection of power and other services,
are cumulatively no more than 21 cubic feet in volume; and,
2. The replacement of the facilities (including antenna(s) and
associated equipment as defined in Stipulation I.A.) does not damage
historic materials and permits removal of such facilities without
damaging historic materials; and,
3. The depth and width of any proposed ground disturbance
associated with the collocation does not exceed the depth and width
of any previous ground disturbance (including footings and other
anchoring mechanisms). Up to four lightning grounding rods of no
more than three-quarters of an inch in diameter may be installed per
project, regardless of the extent of previous ground disturbance.
E. A small antenna mounted inside a building or non-tower
structure and subject to the provisions of this Stipulation VII is
to be installed in a way that does not damage historic materials and
permits removal of such facilities without damaging historic
materials.
VIII. 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 (54
U.S.C. 300101 et seq.) or its implementing regulations contained in
36 CFR part 800.
IX. 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.
C. Any member of the public may notify the FCC of concerns it
has regarding the application of this Programmatic Agreement within
a State or with regard to the review of individual undertakings
covered or excluded under the terms of this Agreement. Comments
shall be directed to the FCC's Federal Preservation Officer. The FCC
will consider public comments and, following consultation with the
SHPO, potentially affected Tribes, or the Council, as appropriate,
take appropriate actions. The FCC shall notify the objector of the
outcome of its actions.
X. 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.
XI. 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
[[Page 39618]]
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 either are involved in such implementation or 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 owner and management
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.
XII. Annual Meeting of the Signatories
The signatories to this Nationwide Collocation Programmatic
Agreement will meet annually on or about the anniversary of the
effective date of the NPA to discuss the effectiveness of this
Agreement and the NPA, including any issues related to improper
implementation, and to discuss any potential amendments that would
improve the effectiveness of this Agreement.
XIII. 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, constitutes
evidence that the FCC has afforded the Council an opportunity to
comment on the collocation as described herein of antennas covered
under the FCC's 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
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Date:------------------------------------------------------------------
Advisory Council on Historic Preservation
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Date:------------------------------------------------------------------
National Conference of State Historic Preservation Officers
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Date:------------------------------------------------------------------
[FR Doc. 2016-13835 Filed 6-16-16; 8:45 am]
BILLING CODE 6712-01-P