Comment Sought on Proposed Amended Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, 39611-39618 [2016-13835]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[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): https://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 
stephen.delsordo@fcc.gov, or Paul D'Ari, 202-418-1550 or 
paul.dari@fcc.gov. Media contact: Cecilia Sulhoff, (202) 418-0587 or 
cecilia.sulhoff@fcc.gov.

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 https://wireless.fcc.gov, or 
by using the search function on the ECFS Web page at https://www.fcc.gov/cgb/ecfs/. Alternative formats are available to persons 
with disabilities by sending an email to FCC504@fcc.gov 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. 
https://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 fcc504@fcc.gov 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