Placement of Commercial Antennas on Federal Property, 11881-11885 [E7-4644]
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Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices
percent of the voting shares of Spalding
City Corporation, Omaha, Nebraska, and
thereby indirectly acquire voting shares
of Spalding City Bank, Spalding,
Nebraska.
Board of Governors of the Federal Reserve
System, March 7, 2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7–4439 Filed 3–13–07; 8:45 am]
BILLING CODE 6210–01–S
Board of Governors of the Federal Reserve
System, March 8, 2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7–4606 Filed 3–13–07; 8:45 am]
FEDERAL RESERVE SYSTEM
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Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
BILLING CODE 6210–01–S
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
Web site at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than April 9, 2007.
A. Federal Reserve Bank of Chicago
(Patrick M. Wilder, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690-1414:
1. Paramount Bancorp, Inc.,
Farmington Hills, Michigan; to acquire
100 percent of the voting shares of
Paramount Bank Nevada (in
organization), Las Vegas, Nevada.
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B. Federal Reserve Bank of Kansas
City (Donna J. Ward, Assistant Vice
President) 925 Grand Avenue, Kansas
City, Missouri 64198-0001:
1. AMG National Corp., Englewood,
Colorado; to become a bank holding
company by retaining 100 percent of the
voting shares of AMG National Trust
Bank, Englewood, Colorado, upon its
conversion from a trust company to a
commercial bank.
11881
Hennepin Avenue, Minneapolis,
Minnesota 55480-0291:
1. Hayward Bancshares, Inc., Eau
Claire, Wisconsin; to acquire 100
percent of of the voting shares of
Summit Community Bank, Maplewood,
Minnesota, a de novo bank.
Board of Governors of the Federal Reserve
System, March 9, 2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7–4651 Filed 3–13–07; 8:45 am]
BILLING CODE 6210–01–S
GENERAL SERVICES
ADMINISTRATION
[GSA Bulletin FMR 2007–B2]
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
website at https://www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than April 9, 2007.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
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Placement of Commercial Antennas on
Federal Property
General Services
Administration.
ACTION: Notice of bulletin.
AGENCY:
SUMMARY: The attached bulletin cancels
and replaces FPMR Bulletin D–242,
Placement of Commercial Antennas on
Federal Property. It provides all Federal
agencies with the general guidelines and
processes for implementing President
Clinton’s memorandum of August 10,
1995, entitled ‘‘Facilitating Access to
Federal Property for the Siting of Mobile
Services,’’ and section 704(c) of the
Telecommunications Act of 1996, Pub.
L. 104–104 (Feb. 8, 1996), as codified at
47 U.S.C. 332 note.
DATES: Effective Date: March 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Stanley C. Langfeld, Director,
Regulations Management Division,
Office of Governmentwide Policy, 202–
501–1737 or stanley.langfeld@gsa.gov.
Dated: March 7, 2007.
Kevin Messner,
Acting Associate Administrator, Office of
Governmentwide Policy.
[GSA Bulletin FMR Bulletin 2007–B2]
Real Property
To: Heads of Federal Agencies.
Subject: Placement of Commercial
Antennas on Federal Property.
1. Purpose. This bulletin cancels and
replaces FPMR Bulletin D–242,
Placement of Commerical Antennas on
Federal Property, which was published
in the Federal Register on June 16,
1997, with an effective date of June 11,
1997 (62 FR 32611), and provides all
Federal agencies with the general
guidelines and processes for
implementing President Clinton’s
memorandum of August 10, 1995,
entitled ‘‘Facilitating Access to Federal
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Property for the Siting of Mobile
Services Antennas,’’ which
memorandum is still in effect, and
section 704(c) of the
Telecommunications Act of 1996, Pub.
L. 104–104 (Feb. 8, 1996), 47 U.S.C. 332
note. This bulletin contains much of the
same guidance as D–242 and includes
updated information concerning the
antenna siting program.
2. Expiration. This bulletin contains
information of a continuing nature and
will remain in effect until canceled.
3. Background
a. On August 10, 1995, President
Clinton signed a memorandum directing
the Administrator of General Services,
in consultation with the heads of other
Federal agencies, to develop procedures
necessary to facilitate access to Federal
property for the siting of ‘‘mobile
services antennas’’ (telecommunications
service provider equipment).
b. On February 8, 1996, the President
signed the Telecommunications Act of
1996, which included a provision for
making Federal property available for
placement of telecommunications
equipment by duly authorized
providers.
c. On March 29, 1996, GSA published
a Notice in the Federal Register
outlining the guiding principles and
actions necessary for Federal agencies to
implement the antenna siting program
promulgated by the Presidential
memorandum and the
Telecommunications Act of 1996.
d. In response to inquiries from the
wireless telecommunications industry
regarding the Federal Government’s
progress in this program, GSA
conducted three Antenna Siting
Forums: March 5, 1997, for Federal
agencies; March 19, 1997, for the
wireless telecommunications industry;
and a joint forum on April 15, 1997.
e. A fact-finding working group
comprised of industry and Federal
agency representatives was established
and met to discuss the issues raised
during the initial two forums. These
issues were:
(1) Development of a uniform
evaluation process, including timely
response and an appeals process, to
facilitate and explain the basic
application process;
(2) Site pricing to enable Federal
agencies to retain flexibility in
establishing the antenna rates;
(3) Site competition to provide timely
response to requests and, where
feasible, encourage industry collocation;
(4) Fee reimbursement to provide
payment to the Federal Government for
services and resources provided as part
of the siting request review process;
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(5) Site security, access, and rights-ofway to identify roles and
responsibilities of both the Federal
Government and the wireless
telecommunications service provider;
and
(6) Site request denial tracking to
enable GSA and the wireless
telecommunications industry to track
antenna requests and denials.
f. GSA subsequently identified
environmental and historic resource
implications as additional issues to be
considered by the working group and
these issues are addressed in this
document.
g. This collaborative effort, along with
further meetings and discussions, has
resulted in a better understanding of
processes and procedures between the
wireless telecommunications industry
and the Federal agencies.
h. The updated guidelines and
procedures described in this bulletin
will further efforts for a more
cooperative relationship between the
Federal Government and the wireless
telecommunications industry and
continue efforts to facilitate
implementing the requirements of
section 704(c) of the
Telecommunications Act of 1996 and
President Clinton’s memorandum on
facilitating access to Federal Property.
4. Action. The following guidelines
and procedures should be followed by
all Executive departments and agencies.
In addition, all independent regulatory
commissions and other federal agencies
also are requested to comply with the
following:
a. Determining impact to controlled
property. Each Executive department
and agency that controls and operates
real property, rights-of-way or
easements affecting property by virtue
of specific statutory authority is
responsible for determining the extent
and programmatic impact of placing
commercially-owned antennas on its
properties.
b. Review of internal agency rules.
Each Executive department and agency
should review its rules, policies and
procedures for allowing commercial use
of its properties and modify them, as
necessary, to support the siting of
commercial telecommunications service
antennas as provided in this bulletin.
c. Dissemination of antenna
guidelines. Executive department and
agency officials in national, regional,
and local offices who are responsible for
the siting of commercial
telecommunications service antennas
should comply with the requirements
and policies prescribed by the
Telecommunications Act of 1996
concerning property, rights-of-way and
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easements under their agency’s control,
and President Clinton’s memorandum
on facilitating access to Federal
property.
d. Preliminary response to siting
request. Each Executive department and
agency should provide at least a
preliminary written response to any
antenna siting request no later than
sixty (60) days after receipt of the
request. This response should be sent
after performing an initial evaluation of
the request. In the event that the
Executive department or agency does
not provide a preliminary written
response to the siting request within
sixty (60) days after receipt of the
request, the request shall be deemed
denied and the service provider shall
have the right to appeal such denial in
accordance with the procedures set
forth at Section 6.d, below.
e. Open communications. Each
Executive department and agency
should maintain open communications
with the requesting wireless
telecommunications provider.
Communication is critical once a siting
request has been submitted and should
be maintained throughout the term of
the working relationship.
f. Points of contact. Each Executive
department and agency should, upon
request, provide firms and individuals
with the agency’s point of contact for
placing commercial telecommunications
service antennas on Federal properties.
Generally, Federal buildings and
courthouses are controlled by the
General Services Administration;
military posts and bases, by the
Department of Defense; Veterans
hospitals and clinics, by the Department
of Veterans Affairs; and open land areas,
including National Parks, National
Forests and other public lands, by the
Department of the Interior or the
Department of Agriculture.
g. Headquarters points of contact.
Attachment A is a listing of the agency
points of contact in the headquarters of
Federal real property holding
departments and agencies. Anyone
interested in placing antennas on
specific Federally-owned properties
should contact the appropriate agency
official.
h. Information required.
Telecommunications service providers
must be duly licensed by the Federal
Communications Commission (FCC) to
be eligible to site antennas on federal
property. Qualified, interested parties
should specifically identify the Federal
property and provide the basic
information described in Attachment B
(Uniform Review Process). Federal
agencies should advise the applicants of
any specific application procedures, and
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provide the name of the local site or
facility manager responsible for
determining site suitability as well as
the term and type of instrument (e.g.,
lease, permit, license) required to
facilitate access to the property.
i. Assistance in determining property
ownership. In instances where the
identity of the department or agency
that has custody and control of the
property is unknown, the GSA Office of
Governmentwide Policy Office of Real
Property Management should be
contacted. This office maintains a listing
of all properties owned by the Federal
Government world-wide and will assist
in the identification of such property.
This office may be reached at (202) 501–
0856, or by writing to the Office of Real
Property Management (MP), Room 6207,
General Services Administration, 1800 F
Street, NW., Washington, DC 20405. To
assist in identifying the appropriate
Federal department or agency, inquiries
should include the state, city/county,
building/ property name and mailing
address of the property in question.
5. Applicability. These guidelines are
applicable to Executive departments
and agencies for antenna siting requests
for rooftops, open land or other requests
for access under this program. These
guidelines do not apply to lands held by
the United States in trust for individual
or Native American Tribal
Governments. For antenna sites on
property not under the jurisdiction,
custody or control of GSA, agencies also
should review the Department of
Commerce Report entitled ‘‘Improving
Rights-of-Way Management Across
Federal Lands: A Roadmap for Greater
Broadband Deployment’’ (April 2004).
6. Antenna Siting Principles and
Regulatory Guidance. To facilitate
compliance with the
Telecommunications Act of 1996, and
President Clinton’s memorandum on
facilitating access to Federal property,
the following principles should be
applied in evaluating requests for
antenna siting access. In addition,
agencies operating under, or subject to,
the authorities of GSA should review 41
CFR 102–79.70—100 for additional
regulatory guidance on siting antennas
on federal property.
a. Property availability. Upon request,
and to the extent permitted by law and
to the extent practicable, Executive
departments and agencies may make
available Federal Government buildings
and lands for the siting of
telecommunications service antennas.
This should be done in accordance with
Federal, State and local laws and
regulations, as applicable, and
consistent with national security
concerns. Care should be exercised to
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avoid electromagnetic intermodulations
and interferences. The evaluation of the
siting request must include
consideration of environmental and
historic preservation issues, including,
but not limited to:
(1) Public health and safety with
respect to the antenna installation and
maintenance;
(2) Aesthetics;
(3) Effects on historic districts, sites,
buildings, monuments, structures, or
other objects pursuant to the National
Historic Preservation Act of 1966, as
amended, and implementing
regulations, and the September 2004
Nationwide Programmatic Agreement
for Review of Effects on Historic
Properties for Certain Undertakings
Approved by the Federal
Communications Commission;
(4) Protection of natural and cultural
resources (e.g., National Parks and
Wilderness areas, National Wildlife
Refuge systems);
(5) Compliance with the appropriate
level of review and documentation as
necessary under the National
Environmental Policy Act of 1969, as
amended, and implementing regulations
of each Federal department and agency
responsible for the antenna siting
project, and the Federal Aviation
Administration, the National
Telecommunications and Information
Administration, and other relevant
departments and agencies; and
(6) Compliance with the FCC’s
guidelines for radiofrequency exposure,
OET Bulletin 65, Edition 97–01, entitled
‘‘Evaluating Compliance with FCC
Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields’’
(August 1997), as the same may be
revised from time to time, and any other
guidance relating to radiofrequency
guidelines and their enforcement. These
updated guidelines for addressing
health concerns reflect the latest
scientific knowledge in this area, and
are supported by Federal health and
safety agencies such as the
Environmental Protection Agency and
the Food and Drug Administration.
b. Site evaluation. The evaluation of
any siting request will also be subject to
any additional requirements of the
Federal agency managing the facility,
the FCC, the Federal Aviation
Administration, the National
Telecommunications and Information
Administration, and other relevant
departments and agencies. In addition,
the National Capital Planning
Commission should be consulted for
siting requests within the Washington,
DC metropolitan area.
c. Granting siting requests. As a
general rule, requests for the use of
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11883
property, rights-of-way and easements
by telecommunications service
providers duly licensed by the FCC
should be granted, unless there are
unavoidable conflicts with the
department’s or agency’s mission, or
current or planned use of the property
or access to that property. A denial of
a siting request based on these criteria
should be fully explained, in writing, as
noted in paragraph d., below.
d. Agency discretion for site denial.
Executive departments and agencies
shall retain discretion to reject
inappropriate siting requests and assure
adequate protection of public property.
In cases where the antenna siting
request has been denied, Executive
departments and agencies should allow
the service provider to appeal the
decision to a higher level of agency
authority for review. Written denial of a
siting request should be fully explained,
and should advise the service provider
of the name and mailing address of the
appropriate agency official to whom the
appeal should be sent.
e. Site access. All procedures and
mechanisms adopted by Executive
departments and agencies regarding
access to Federal property should be
clear and simple so as to facilitate the
efficient build-out of the national
wireless communications infrastructure.
Obtaining rights of access to Federal
properties through non-Federal lands is
the sole responsibility of the
telecommunications service provider.
f. Costs for services. The
telecommunications service provider is
responsible for any reasonable costs
incurred by Federal agencies associated
with providing access to antenna sites,
including obtaining appropriate
clearance of provider personnel for
access to buildings or land deemed to be
security sensitive as is done with
service contractor personnel. OMB
Circular A–25, entitled ‘‘User Charges,’’
revised July 8, 1993, established
guidelines for agencies to assess fees for
Government services, and for the sale or
use of Government property or
resources.
g. Site fees. Pursuant to the
Telecommunications Act of 1996,
agencies are authorized to charge
reasonable fees for antenna sites on
Federal property. In accordance with
President Clinton’s memorandum,
Executive departments and agencies
should charge fees based on market
value. Fee determinations can be based
on appraisal, use of set rate schedules or
other reasonable means of value
determination. Unless otherwise
authorized by law to retain antenna
siting proceeds, agencies collecting fees
pursuant to the Telecommunications
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Act must remit the fees to the General
Fund of the Treasury.
h. Site requests. Executive
departments and agencies should make
antenna sites available on a fair,
reasonable and nondiscriminatory basis.
Collocation of antennas should be
encouraged where there are multiple
antenna siting requests for the same
location. In cases where this is not
feasible and space availability precludes
accommodating all antenna siting
applicants, competitive procedures may
be used.
i. Priority for siting antennas. The
siting of telecommunications service
provider antennas should not be given
priority over other authorized uses of
Federal buildings or land.
j. Advertising prohibition. Antenna
structures on Federal property may not
contain any advertising.
k. Equipment removal. Terms and
provisions of the lease, permit, license,
or other legal instrument used should
assure the timely removal or transfer of
ownership of equipment and structures
by the service provider. Unless the
express terms of the applicable site
access agreement provide otherwise,
removal of such equipment and
structures should be at the sole cost and
expense of the telecommunications
service provider.
l. Review process. For those Federal
agencies that are unfamiliar with the
siting request application process,
Attachment B, Uniform Review Process,
provides additional processing
information to assist in the antenna
siting request review.
m. Additional Information. Further
information regarding this bulletin may
be obtained by contacting Mr. Stanley C.
Langfeld, Director, Regulations
Management Division, Office of
Governmentwide Policy, General
Services Administration, (202) 501–
1737.
Attachment A—Agency Contact Points
for the Placement of Antennas on
Federal Buildings
Bonneville Power Administration,
Paul Majkut, Office of General Counsel,
905 Northeast 11th Avenue, Portland,
OR 97232, (503) 230–4201.
Federal Communications
Commission, Dennis Dorsey,
Supervisor, Contracts Branch, 1919 M
St., NW., Room 404, Washington, DC
50554, (202) 418–1865.
National Academy of Science,
National Research Council, 2101
Constitution Ave., NW., Mail Stop (HA–
274), Washington, DC 20418, (202) 334–
3384.
National Aeronautics & Space
Administration, Albert Johnson, Team
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Leader—Real Estate, Facilities
Engineering & Real Property Division,
NASA Headquarters, LD030, 300 E
Street, SW, Washington, DC 20546–
0001, (202) 358–1834.
National Archives & Records
Administration, Mark Sprouse, Division
Director, Facilities & Personal Property
Management, (301) 837–3019, and John
Bartell, Branch Chief, Facilities
Management, (301) 837–1813, 8601
Adelphi Road, Room 2320, College Park,
MD 20740–6001.
National Science Foundation,
Property Administrator, Mary Lou
Higgs, 4201 Wilson Blvd., Room 295,
Arlington, VA 22230, (703) 292–8190.
Tennessee Valley Authority, Legal
Department, 1101 Market Street, Mail
Stop: (WR4A–C), Chattanooga, TN
37402–2801, (865) 632–4301.
U.S. Army Corps of Engineers,
Management and Disposal Division in
the Real Estate Directorate, 20
Massachusetts Ave., NW., Room 4224,
Washington, DC 20314–1000, (202) 761–
0511.
U.S. Department of Agriculture,
Property Management Division, AG Box
9840, Washington, DC 20250, (202) 295–
5028.
U.S. Department of Commerce, Office
of Real Estate, 14th & Constitution Ave.,
NW., Room 1040, Washington, DC
20230, (202) 482–3580.
U.S. Department of Defense:
Commercial companies who wish to
place antennas on DOD property should
first contact that property’s Installation
Commander. If unknown, please contact
the following office: Brad Hancock,
Commander—Installations,
Requirements & Management, 3400
Defense Pentagon, Room 5C646,
Washington, DC 20301–3340, (703) 571–
9074.
U.S. Department of Education,
Mitchell Clark, Assistant Secretary of
Mangement & Chief Human Capital
Officer, 400 Maryland Avenue, SW.,
Room FB6–2W311, Washington, DC
20202, (202) 401–5848.
U.S. Department of Energy,
Engineering & Space Management
Branch, 1000 Independence Ave., SW.,
Mail Stop: HR211, Room 1F–039,
Washington, DC 20585, (202) 586–1557.
U.S. Department of Health & Human
Services, Office of Facilities
Management & Policy, 200
Independence Ave., SW., 3rd Floor,
Washington, DC 20001, Diane Stewart
(202) 205–4834.
U.S. Department of the Interior,
Bureau of Land Management, 1849 C
Street, NW., Room 1000–LS,
Washington, DC 20240–9998, (202) 452–
7782.
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U.S. Department of the Interior,
National Park Service, Parks, Planning,
Facilities & Lands, 1849 C Street, NW.,
Washington, DC 20240, Lee Dickinson,
Right-of-Way Program Manager, (202)
513–7092.
U.S. Department of Justice, Real
Property Management Services, Suite
1060, National Place Building,
Washington, DC 20530, (202) 616–2266.
U.S. Department of Labor, Office of
Facility Management, 200 Constitution
Ave., NW., Room S 1520/ OFM,
Washington, DC 20210, (202) 693–6660.
U.S. Department of State, Office of
Real Property, 2201 C Street, NW., Suite
1264, Washington, DC 20520, (202) 647–
3477.
U.S. Department of Transportation,
Office of the Secretary, 400 7th Street,
SW, Mail Stop: M72, Room 2318,
Washington, DC 20590, Rita Martin
(202) 366–9724.
U.S. Department of Treasury, Office of
Real and Personal Property
Management, Office of the Deputy
Assistant Secretary for Departmental
Finance and Management, 1500
Pennsylvania Ave., NW., Room 6140–
ANX, Washington, DC 20220, (202)
622–0500.
U.S. Department of Veterans Affairs,
Land Management Service, 811 Vermont
Ave., NW., Mail Stop: 184A,
Washington, DC 20005, (202) 565–5026.
U.S. Environmental Protection
Agency, Architecture, Engineering and
Asset Management Branch, Facilities
Management and Services Division,
Ronald Reagan Building, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460, William Ridge,
Branch Chief, (202) 564–2160.
U.S. General Services Administration:
Commercial companies who wish to
place antennas on GSA property should
first contact the appropriate Regional
Office of the Public Buildings Service. If
unknown, please contact the Public
Buildings Service, 1800 F St., NW.,
Washington, DC 20405, (202) 501–1100.
U.S. Government Printing Office,
Office of Administrative Support, 710
North Capitol St., NW., Mail Stop: OA,
Washington, DC 20401–0501, (202) 512–
1074.
International Broadcasting Bureau/M/
AF, CohenBuilding, 330 Independence
Ave., SW., Washington, DC 20237, Carol
Baker, Director of Administration, (202)
203–4588.
U.S. Postal Service, Realty Asset
Management, 475 L’Enfant Plaza West,
SW., Washington, DC 20260–6433, Bob
Otto, (202) 268–5700.
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Attachment B—Uniform Review
Process
The following information may be
used as a guide by Federal agencies
upon receipt of an antenna siting
request from a service provider duly
licensed by the FCC. This uniform
review process is intended to assist
those Federal agencies that are
unfamiliar with the review and
evaluation of antenna siting proposals.
This guidance has been developed
based on input from several Federal
agencies that have had extensive
experience in working with the wireless
communications industry and antenna
siting requests for both rooftop and open
land installations. In addition, agencies
operating under, or subject to, the
authorities of GSA should review 41
CFR 102–79.70—100 for additional
regulatory guidance on siting antennas
on Federal property.
a. Siting request review. Federal
agencies should review the siting
request to confirm that the required
basic evaluation information is
provided. This information should
include the following:
(1) Name, address and telephone
number of applicant and authorized or
legal representative for the project;
(2) Specific building name and
address, or, as appropriate, latitude and
longitude or other site specific property
identifier;
(3) Type and size of antenna
installation and support required for the
service provider’s proposed wireless
site, including access to site, utility
requirements, acreage of land or ft/lb
capacity for rooftops, etc. In cases where
the proposed site is to be located on an
established building or wireless facility,
any special modification requirements
unique to the service provider’s
proposal must be clearly identified;
(4) FCC license number and summary
of antenna specifications, including
frequencies;
(5) Proposed term of requirement;
(6) Terms of removal of equipment
and structures or property restoration;
(7) Description of project or larger
antenna installation program, if
applicable; and
(8) As appropriate, proposed method
of achieving environmental and historic
sensitivity compliance.
b. Site survey.
(1) Upon agency completion of an
initial review for information
sufficiency, coordination with the
facility manager, and determination that
there is no obvious reason to deny the
request, a site survey with the wireless
telecommunications provider should be
scheduled, in part to determine whether
VerDate Aug<31>2005
15:03 Mar 13, 2007
Jkt 211001
the site actually meets the needs of the
service provider. If feasible, from the
information available, a response should
be sent to the applicant as soon as
possible, but no later than sixty (60)
days after receipt either granting or
denying the siting request. In the event
that the agency does not provide a
preliminary written response to the
siting request within sixty (60) days
after receipt of the request, the request
shall be deemed denied and the service
provider shall have the right to appeal
such denial in accordance with the
procedures set forth in this bulletin.
(2) If there is insufficient information
to make a decision, the agency should
send a preliminary response to the
applicant as soon as possible, but no
later than sixty (60) days after receipt of
the request. This response should
inform the applicant of the need for any
additional information, unique
conditions or restrictions affecting the
property, or other circumstances that
may influence the timing or ultimate
determination for site approval. In
addition, the National Capital Planning
Commission should be consulted for
siting requests within the Washington,
DC metropolitan area.
c. Point of contact. In all cases, the
agency’s response should include the
name and telephone number of the
agency representative or facility
manager responsible for the project.
This information will enable the
applicant to initiate planning for the
potential use of the requested site.
d. Need for additional information. If
the preliminary response indicates
additional information is required, the
agency should review the applicant’s
response in a timely manner upon its
receipt. The applicant should be
advised, in writing, if there are any
other review and reporting requirements
necessary due to statutory, legal, or the
agency’s internal requirements prior to
issuing a final decision. This may
include an Environmental Assessment
or an Environmental Impact Statement
and public meetings as part of the
National Environmental Policy Act of
1969, as amended, or any other
potential reviews, including Section 106
of the National Historic Preservation Act
of 1966, as amended, if applicable.
e. Notification of fees. Applicants
should be advised as soon as possible of
their responsibility for any charges for
Government services provided in the
review process or other issues that need
to be resolved. This response should
provide the applicant with an estimated
time frame for completing the necessary
actions and should be based on
experience in dealing with projects of
similar complexity.
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
11885
f. Final decisions. Final decisions
should be rendered, in writing, in a
timely manner and after completion of
all required reviews, evaluations or
assessments. Denials of requests should
provide the applicant with a written
explanation of the reasons for denying
the request. In addition, the applicant
should be advised of the agency’s
appeal procedure, and the name and
mailing address of the appropriate
agency official to whom the appeal
should be sent.
g. Formal documentation. After
agency determination to approve the
project, a lease, permit, license or other
legal instrument should be executed to
document the terms, conditions and
responsibilities of both the Federal
Government and the
telecommunications service antenna
provider.
[FR Doc. E7–4644 Filed 3–13–07; 8:45 am]
BILLING CODE 6820–RH–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
[Document Identifier: OS–0990–New]
30-Day Notice; Agency Information
Collection Activities: Proposed
Collection; Comment Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed collection for public
comment. Interested persons are invited
to send comments regarding this burden
estimate or any other aspect of this
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
Type of Information Collection
Request: New collection.
Title of Information Collection:
Evaluation of the Parents Speak Up
National Campaign: Focus Groups.
Form/OMB No.: OS–0990–New.
Use: Evaluation of the Parents Speak
Up National Campaign (PSUNC): Focus
AGENCY:
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Notices]
[Pages 11881-11885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4644]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
[GSA Bulletin FMR 2007-B2]
Placement of Commercial Antennas on Federal Property
AGENCY: General Services Administration.
ACTION: Notice of bulletin.
-----------------------------------------------------------------------
SUMMARY: The attached bulletin cancels and replaces FPMR Bulletin D-
242, Placement of Commercial Antennas on Federal Property. It provides
all Federal agencies with the general guidelines and processes for
implementing President Clinton's memorandum of August 10, 1995,
entitled ``Facilitating Access to Federal Property for the Siting of
Mobile Services,'' and section 704(c) of the Telecommunications Act of
1996, Pub. L. 104-104 (Feb. 8, 1996), as codified at 47 U.S.C. 332
note.
DATES: Effective Date: March 14, 2007.
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director,
Regulations Management Division, Office of Governmentwide Policy, 202-
501-1737 or stanley.langfeld@gsa.gov.
Dated: March 7, 2007.
Kevin Messner,
Acting Associate Administrator, Office of Governmentwide Policy.
[GSA Bulletin FMR Bulletin 2007-B2]
Real Property
To: Heads of Federal Agencies.
Subject: Placement of Commercial Antennas on Federal Property.
1. Purpose. This bulletin cancels and replaces FPMR Bulletin D-242,
Placement of Commerical Antennas on Federal Property, which was
published in the Federal Register on June 16, 1997, with an effective
date of June 11, 1997 (62 FR 32611), and provides all Federal agencies
with the general guidelines and processes for implementing President
Clinton's memorandum of August 10, 1995, entitled ``Facilitating Access
to Federal
[[Page 11882]]
Property for the Siting of Mobile Services Antennas,'' which memorandum
is still in effect, and section 704(c) of the Telecommunications Act of
1996, Pub. L. 104-104 (Feb. 8, 1996), 47 U.S.C. 332 note. This bulletin
contains much of the same guidance as D-242 and includes updated
information concerning the antenna siting program.
2. Expiration. This bulletin contains information of a continuing
nature and will remain in effect until canceled.
3. Background
a. On August 10, 1995, President Clinton signed a memorandum
directing the Administrator of General Services, in consultation with
the heads of other Federal agencies, to develop procedures necessary to
facilitate access to Federal property for the siting of ``mobile
services antennas'' (telecommunications service provider equipment).
b. On February 8, 1996, the President signed the Telecommunications
Act of 1996, which included a provision for making Federal property
available for placement of telecommunications equipment by duly
authorized providers.
c. On March 29, 1996, GSA published a Notice in the Federal
Register outlining the guiding principles and actions necessary for
Federal agencies to implement the antenna siting program promulgated by
the Presidential memorandum and the Telecommunications Act of 1996.
d. In response to inquiries from the wireless telecommunications
industry regarding the Federal Government's progress in this program,
GSA conducted three Antenna Siting Forums: March 5, 1997, for Federal
agencies; March 19, 1997, for the wireless telecommunications industry;
and a joint forum on April 15, 1997.
e. A fact-finding working group comprised of industry and Federal
agency representatives was established and met to discuss the issues
raised during the initial two forums. These issues were:
(1) Development of a uniform evaluation process, including timely
response and an appeals process, to facilitate and explain the basic
application process;
(2) Site pricing to enable Federal agencies to retain flexibility
in establishing the antenna rates;
(3) Site competition to provide timely response to requests and,
where feasible, encourage industry collocation;
(4) Fee reimbursement to provide payment to the Federal Government
for services and resources provided as part of the siting request
review process;
(5) Site security, access, and rights-of-way to identify roles and
responsibilities of both the Federal Government and the wireless
telecommunications service provider; and
(6) Site request denial tracking to enable GSA and the wireless
telecommunications industry to track antenna requests and denials.
f. GSA subsequently identified environmental and historic resource
implications as additional issues to be considered by the working group
and these issues are addressed in this document.
g. This collaborative effort, along with further meetings and
discussions, has resulted in a better understanding of processes and
procedures between the wireless telecommunications industry and the
Federal agencies.
h. The updated guidelines and procedures described in this bulletin
will further efforts for a more cooperative relationship between the
Federal Government and the wireless telecommunications industry and
continue efforts to facilitate implementing the requirements of section
704(c) of the Telecommunications Act of 1996 and President Clinton's
memorandum on facilitating access to Federal Property.
4. Action. The following guidelines and procedures should be
followed by all Executive departments and agencies. In addition, all
independent regulatory commissions and other federal agencies also are
requested to comply with the following:
a. Determining impact to controlled property. Each Executive
department and agency that controls and operates real property, rights-
of-way or easements affecting property by virtue of specific statutory
authority is responsible for determining the extent and programmatic
impact of placing commercially-owned antennas on its properties.
b. Review of internal agency rules. Each Executive department and
agency should review its rules, policies and procedures for allowing
commercial use of its properties and modify them, as necessary, to
support the siting of commercial telecommunications service antennas as
provided in this bulletin.
c. Dissemination of antenna guidelines. Executive department and
agency officials in national, regional, and local offices who are
responsible for the siting of commercial telecommunications service
antennas should comply with the requirements and policies prescribed by
the Telecommunications Act of 1996 concerning property, rights-of-way
and easements under their agency's control, and President Clinton's
memorandum on facilitating access to Federal property.
d. Preliminary response to siting request. Each Executive
department and agency should provide at least a preliminary written
response to any antenna siting request no later than sixty (60) days
after receipt of the request. This response should be sent after
performing an initial evaluation of the request. In the event that the
Executive department or agency does not provide a preliminary written
response to the siting request within sixty (60) days after receipt of
the request, the request shall be deemed denied and the service
provider shall have the right to appeal such denial in accordance with
the procedures set forth at Section 6.d, below.
e. Open communications. Each Executive department and agency should
maintain open communications with the requesting wireless
telecommunications provider. Communication is critical once a siting
request has been submitted and should be maintained throughout the term
of the working relationship.
f. Points of contact. Each Executive department and agency should,
upon request, provide firms and individuals with the agency's point of
contact for placing commercial telecommunications service antennas on
Federal properties. Generally, Federal buildings and courthouses are
controlled by the General Services Administration; military posts and
bases, by the Department of Defense; Veterans hospitals and clinics, by
the Department of Veterans Affairs; and open land areas, including
National Parks, National Forests and other public lands, by the
Department of the Interior or the Department of Agriculture.
g. Headquarters points of contact. Attachment A is a listing of the
agency points of contact in the headquarters of Federal real property
holding departments and agencies. Anyone interested in placing antennas
on specific Federally-owned properties should contact the appropriate
agency official.
h. Information required. Telecommunications service providers must
be duly licensed by the Federal Communications Commission (FCC) to be
eligible to site antennas on federal property. Qualified, interested
parties should specifically identify the Federal property and provide
the basic information described in Attachment B (Uniform Review
Process). Federal agencies should advise the applicants of any specific
application procedures, and
[[Page 11883]]
provide the name of the local site or facility manager responsible for
determining site suitability as well as the term and type of instrument
(e.g., lease, permit, license) required to facilitate access to the
property.
i. Assistance in determining property ownership. In instances where
the identity of the department or agency that has custody and control
of the property is unknown, the GSA Office of Governmentwide Policy
Office of Real Property Management should be contacted. This office
maintains a listing of all properties owned by the Federal Government
world-wide and will assist in the identification of such property. This
office may be reached at (202) 501-0856, or by writing to the Office of
Real Property Management (MP), Room 6207, General Services
Administration, 1800 F Street, NW., Washington, DC 20405. To assist in
identifying the appropriate Federal department or agency, inquiries
should include the state, city/county, building/ property name and
mailing address of the property in question.
5. Applicability. These guidelines are applicable to Executive
departments and agencies for antenna siting requests for rooftops, open
land or other requests for access under this program. These guidelines
do not apply to lands held by the United States in trust for individual
or Native American Tribal Governments. For antenna sites on property
not under the jurisdiction, custody or control of GSA, agencies also
should review the Department of Commerce Report entitled ``Improving
Rights-of-Way Management Across Federal Lands: A Roadmap for Greater
Broadband Deployment'' (April 2004).
6. Antenna Siting Principles and Regulatory Guidance. To facilitate
compliance with the Telecommunications Act of 1996, and President
Clinton's memorandum on facilitating access to Federal property, the
following principles should be applied in evaluating requests for
antenna siting access. In addition, agencies operating under, or
subject to, the authorities of GSA should review 41 CFR 102-79.70--100
for additional regulatory guidance on siting antennas on federal
property.
a. Property availability. Upon request, and to the extent permitted
by law and to the extent practicable, Executive departments and
agencies may make available Federal Government buildings and lands for
the siting of telecommunications service antennas. This should be done
in accordance with Federal, State and local laws and regulations, as
applicable, and consistent with national security concerns. Care should
be exercised to avoid electromagnetic intermodulations and
interferences. The evaluation of the siting request must include
consideration of environmental and historic preservation issues,
including, but not limited to:
(1) Public health and safety with respect to the antenna
installation and maintenance;
(2) Aesthetics;
(3) Effects on historic districts, sites, buildings, monuments,
structures, or other objects pursuant to the National Historic
Preservation Act of 1966, as amended, and implementing regulations, and
the September 2004 Nationwide Programmatic Agreement for Review of
Effects on Historic Properties for Certain Undertakings Approved by the
Federal Communications Commission;
(4) Protection of natural and cultural resources (e.g., National
Parks and Wilderness areas, National Wildlife Refuge systems);
(5) Compliance with the appropriate level of review and
documentation as necessary under the National Environmental Policy Act
of 1969, as amended, and implementing regulations of each Federal
department and agency responsible for the antenna siting project, and
the Federal Aviation Administration, the National Telecommunications
and Information Administration, and other relevant departments and
agencies; and
(6) Compliance with the FCC's guidelines for radiofrequency
exposure, OET Bulletin 65, Edition 97-01, entitled ``Evaluating
Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields'' (August 1997), as the same may be revised from
time to time, and any other guidance relating to radiofrequency
guidelines and their enforcement. These updated guidelines for
addressing health concerns reflect the latest scientific knowledge in
this area, and are supported by Federal health and safety agencies such
as the Environmental Protection Agency and the Food and Drug
Administration.
b. Site evaluation. The evaluation of any siting request will also
be subject to any additional requirements of the Federal agency
managing the facility, the FCC, the Federal Aviation Administration,
the National Telecommunications and Information Administration, and
other relevant departments and agencies. In addition, the National
Capital Planning Commission should be consulted for siting requests
within the Washington, DC metropolitan area.
c. Granting siting requests. As a general rule, requests for the
use of property, rights-of-way and easements by telecommunications
service providers duly licensed by the FCC should be granted, unless
there are unavoidable conflicts with the department's or agency's
mission, or current or planned use of the property or access to that
property. A denial of a siting request based on these criteria should
be fully explained, in writing, as noted in paragraph d., below.
d. Agency discretion for site denial. Executive departments and
agencies shall retain discretion to reject inappropriate siting
requests and assure adequate protection of public property. In cases
where the antenna siting request has been denied, Executive departments
and agencies should allow the service provider to appeal the decision
to a higher level of agency authority for review. Written denial of a
siting request should be fully explained, and should advise the service
provider of the name and mailing address of the appropriate agency
official to whom the appeal should be sent.
e. Site access. All procedures and mechanisms adopted by Executive
departments and agencies regarding access to Federal property should be
clear and simple so as to facilitate the efficient build-out of the
national wireless communications infrastructure. Obtaining rights of
access to Federal properties through non-Federal lands is the sole
responsibility of the telecommunications service provider.
f. Costs for services. The telecommunications service provider is
responsible for any reasonable costs incurred by Federal agencies
associated with providing access to antenna sites, including obtaining
appropriate clearance of provider personnel for access to buildings or
land deemed to be security sensitive as is done with service contractor
personnel. OMB Circular A-25, entitled ``User Charges,'' revised July
8, 1993, established guidelines for agencies to assess fees for
Government services, and for the sale or use of Government property or
resources.
g. Site fees. Pursuant to the Telecommunications Act of 1996,
agencies are authorized to charge reasonable fees for antenna sites on
Federal property. In accordance with President Clinton's memorandum,
Executive departments and agencies should charge fees based on market
value. Fee determinations can be based on appraisal, use of set rate
schedules or other reasonable means of value determination. Unless
otherwise authorized by law to retain antenna siting proceeds, agencies
collecting fees pursuant to the Telecommunications
[[Page 11884]]
Act must remit the fees to the General Fund of the Treasury.
h. Site requests. Executive departments and agencies should make
antenna sites available on a fair, reasonable and nondiscriminatory
basis. Collocation of antennas should be encouraged where there are
multiple antenna siting requests for the same location. In cases where
this is not feasible and space availability precludes accommodating all
antenna siting applicants, competitive procedures may be used.
i. Priority for siting antennas. The siting of telecommunications
service provider antennas should not be given priority over other
authorized uses of Federal buildings or land.
j. Advertising prohibition. Antenna structures on Federal property
may not contain any advertising.
k. Equipment removal. Terms and provisions of the lease, permit,
license, or other legal instrument used should assure the timely
removal or transfer of ownership of equipment and structures by the
service provider. Unless the express terms of the applicable site
access agreement provide otherwise, removal of such equipment and
structures should be at the sole cost and expense of the
telecommunications service provider.
l. Review process. For those Federal agencies that are unfamiliar
with the siting request application process, Attachment B, Uniform
Review Process, provides additional processing information to assist in
the antenna siting request review.
m. Additional Information. Further information regarding this
bulletin may be obtained by contacting Mr. Stanley C. Langfeld,
Director, Regulations Management Division, Office of Governmentwide
Policy, General Services Administration, (202) 501-1737.
Attachment A--Agency Contact Points for the Placement of Antennas on
Federal Buildings
Bonneville Power Administration, Paul Majkut, Office of General
Counsel, 905 Northeast 11th Avenue, Portland, OR 97232, (503) 230-4201.
Federal Communications Commission, Dennis Dorsey, Supervisor,
Contracts Branch, 1919 M St., NW., Room 404, Washington, DC 50554,
(202) 418-1865.
National Academy of Science, National Research Council, 2101
Constitution Ave., NW., Mail Stop (HA-274), Washington, DC 20418, (202)
334-3384.
National Aeronautics & Space Administration, Albert Johnson, Team
Leader--Real Estate, Facilities Engineering & Real Property Division,
NASA Headquarters, LD030, 300 E Street, SW, Washington, DC 20546-0001,
(202) 358-1834.
National Archives & Records Administration, Mark Sprouse, Division
Director, Facilities & Personal Property Management, (301) 837-3019,
and John Bartell, Branch Chief, Facilities Management, (301) 837-1813,
8601 Adelphi Road, Room 2320, College Park, MD 20740-6001.
National Science Foundation, Property Administrator, Mary Lou
Higgs, 4201 Wilson Blvd., Room 295, Arlington, VA 22230, (703) 292-
8190.
Tennessee Valley Authority, Legal Department, 1101 Market Street,
Mail Stop: (WR4A-C), Chattanooga, TN 37402-2801, (865) 632-4301.
U.S. Army Corps of Engineers, Management and Disposal Division in
the Real Estate Directorate, 20 Massachusetts Ave., NW., Room 4224,
Washington, DC 20314-1000, (202) 761-0511.
U.S. Department of Agriculture, Property Management Division, AG
Box 9840, Washington, DC 20250, (202) 295-5028.
U.S. Department of Commerce, Office of Real Estate, 14th &
Constitution Ave., NW., Room 1040, Washington, DC 20230, (202) 482-
3580.
U.S. Department of Defense: Commercial companies who wish to place
antennas on DOD property should first contact that property's
Installation Commander. If unknown, please contact the following
office: Brad Hancock, Commander--Installations, Requirements &
Management, 3400 Defense Pentagon, Room 5C646, Washington, DC 20301-
3340, (703) 571-9074.
U.S. Department of Education, Mitchell Clark, Assistant Secretary
of Mangement & Chief Human Capital Officer, 400 Maryland Avenue, SW.,
Room FB6-2W311, Washington, DC 20202, (202) 401-5848.
U.S. Department of Energy, Engineering & Space Management Branch,
1000 Independence Ave., SW., Mail Stop: HR211, Room 1F-039, Washington,
DC 20585, (202) 586-1557.
U.S. Department of Health & Human Services, Office of Facilities
Management & Policy, 200 Independence Ave., SW., 3rd Floor, Washington,
DC 20001, Diane Stewart (202) 205-4834.
U.S. Department of the Interior, Bureau of Land Management, 1849 C
Street, NW., Room 1000-LS, Washington, DC 20240-9998, (202) 452-7782.
U.S. Department of the Interior, National Park Service, Parks,
Planning, Facilities & Lands, 1849 C Street, NW., Washington, DC 20240,
Lee Dickinson, Right-of-Way Program Manager, (202) 513-7092.
U.S. Department of Justice, Real Property Management Services,
Suite 1060, National Place Building, Washington, DC 20530, (202) 616-
2266.
U.S. Department of Labor, Office of Facility Management, 200
Constitution Ave., NW., Room S 1520/ OFM, Washington, DC 20210, (202)
693-6660.
U.S. Department of State, Office of Real Property, 2201 C Street,
NW., Suite 1264, Washington, DC 20520, (202) 647-3477.
U.S. Department of Transportation, Office of the Secretary, 400 7th
Street, SW, Mail Stop: M72, Room 2318, Washington, DC 20590, Rita
Martin (202) 366-9724.
U.S. Department of Treasury, Office of Real and Personal Property
Management, Office of the Deputy Assistant Secretary for Departmental
Finance and Management, 1500 Pennsylvania Ave., NW., Room 6140-ANX,
Washington, DC 20220, (202) 622-0500.
U.S. Department of Veterans Affairs, Land Management Service, 811
Vermont Ave., NW., Mail Stop: 184A, Washington, DC 20005, (202) 565-
5026.
U.S. Environmental Protection Agency, Architecture, Engineering and
Asset Management Branch, Facilities Management and Services Division,
Ronald Reagan Building, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, William Ridge, Branch Chief, (202) 564-2160.
U.S. General Services Administration: Commercial companies who wish
to place antennas on GSA property should first contact the appropriate
Regional Office of the Public Buildings Service. If unknown, please
contact the Public Buildings Service, 1800 F St., NW., Washington, DC
20405, (202) 501-1100.
U.S. Government Printing Office, Office of Administrative Support,
710 North Capitol St., NW., Mail Stop: OA, Washington, DC 20401-0501,
(202) 512-1074.
International Broadcasting Bureau/M/AF, CohenBuilding, 330
Independence Ave., SW., Washington, DC 20237, Carol Baker, Director of
Administration, (202) 203-4588.
U.S. Postal Service, Realty Asset Management, 475 L'Enfant Plaza
West, SW., Washington, DC 20260-6433, Bob Otto, (202) 268-5700.
[[Page 11885]]
Attachment B--Uniform Review Process
The following information may be used as a guide by Federal
agencies upon receipt of an antenna siting request from a service
provider duly licensed by the FCC. This uniform review process is
intended to assist those Federal agencies that are unfamiliar with the
review and evaluation of antenna siting proposals. This guidance has
been developed based on input from several Federal agencies that have
had extensive experience in working with the wireless communications
industry and antenna siting requests for both rooftop and open land
installations. In addition, agencies operating under, or subject to,
the authorities of GSA should review 41 CFR 102-79.70--100 for
additional regulatory guidance on siting antennas on Federal property.
a. Siting request review. Federal agencies should review the siting
request to confirm that the required basic evaluation information is
provided. This information should include the following:
(1) Name, address and telephone number of applicant and authorized
or legal representative for the project;
(2) Specific building name and address, or, as appropriate,
latitude and longitude or other site specific property identifier;
(3) Type and size of antenna installation and support required for
the service provider's proposed wireless site, including access to
site, utility requirements, acreage of land or ft/lb capacity for
rooftops, etc. In cases where the proposed site is to be located on an
established building or wireless facility, any special modification
requirements unique to the service provider's proposal must be clearly
identified;
(4) FCC license number and summary of antenna specifications,
including frequencies;
(5) Proposed term of requirement;
(6) Terms of removal of equipment and structures or property
restoration;
(7) Description of project or larger antenna installation program,
if applicable; and
(8) As appropriate, proposed method of achieving environmental and
historic sensitivity compliance.
b. Site survey.
(1) Upon agency completion of an initial review for information
sufficiency, coordination with the facility manager, and determination
that there is no obvious reason to deny the request, a site survey with
the wireless telecommunications provider should be scheduled, in part
to determine whether the site actually meets the needs of the service
provider. If feasible, from the information available, a response
should be sent to the applicant as soon as possible, but no later than
sixty (60) days after receipt either granting or denying the siting
request. In the event that the agency does not provide a preliminary
written response to the siting request within sixty (60) days after
receipt of the request, the request shall be deemed denied and the
service provider shall have the right to appeal such denial in
accordance with the procedures set forth in this bulletin.
(2) If there is insufficient information to make a decision, the
agency should send a preliminary response to the applicant as soon as
possible, but no later than sixty (60) days after receipt of the
request. This response should inform the applicant of the need for any
additional information, unique conditions or restrictions affecting the
property, or other circumstances that may influence the timing or
ultimate determination for site approval. In addition, the National
Capital Planning Commission should be consulted for siting requests
within the Washington, DC metropolitan area.
c. Point of contact. In all cases, the agency's response should
include the name and telephone number of the agency representative or
facility manager responsible for the project. This information will
enable the applicant to initiate planning for the potential use of the
requested site.
d. Need for additional information. If the preliminary response
indicates additional information is required, the agency should review
the applicant's response in a timely manner upon its receipt. The
applicant should be advised, in writing, if there are any other review
and reporting requirements necessary due to statutory, legal, or the
agency's internal requirements prior to issuing a final decision. This
may include an Environmental Assessment or an Environmental Impact
Statement and public meetings as part of the National Environmental
Policy Act of 1969, as amended, or any other potential reviews,
including Section 106 of the National Historic Preservation Act of
1966, as amended, if applicable.
e. Notification of fees. Applicants should be advised as soon as
possible of their responsibility for any charges for Government
services provided in the review process or other issues that need to be
resolved. This response should provide the applicant with an estimated
time frame for completing the necessary actions and should be based on
experience in dealing with projects of similar complexity.
f. Final decisions. Final decisions should be rendered, in writing,
in a timely manner and after completion of all required reviews,
evaluations or assessments. Denials of requests should provide the
applicant with a written explanation of the reasons for denying the
request. In addition, the applicant should be advised of the agency's
appeal procedure, and the name and mailing address of the appropriate
agency official to whom the appeal should be sent.
g. Formal documentation. After agency determination to approve the
project, a lease, permit, license or other legal instrument should be
executed to document the terms, conditions and responsibilities of both
the Federal Government and the telecommunications service antenna
provider.
[FR Doc. E7-4644 Filed 3-13-07; 8:45 am]
BILLING CODE 6820-RH-P
