Second Amendment to Collocation Agreement, 51357-51363 [2020-16542]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Rules and Regulations]
[Pages 51357-51363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16542]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[DA 20-759; FRS 16956]


Second Amendment to Collocation Agreement

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Wireless Telecommunications Bureau of 
the Federal Communications Commission (FCC or Commission) announces 
that on July 10, 2020, the FCC, the Advisory Council on Historic 
Preservation (Council or ACHP), and the National Conference of State 
Historic Preservation Officers (NCSHPO) executed the attached Second 
Amendment to Nationwide Programmatic Agreement for the Collocation of 
Wireless Antennas (Collocation NPA) to facilitate the collocation of 
wireless facilities on existing towers under Section 106 of the 
National Historic Preservation Act (NHPA).

DATES: Effective August 20, 2020.

FOR FURTHER INFORMATION CONTACT: Paul D'Ari, Competition and 
Infrastructure Policy Division, Wireless Telecommunications Bureau, 
(202) 418-1550, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, Public Notice, DA No. 20-759, released on July 20, 2020. This 
document will also be available https://docs.fcc.gov/public/attachments/DA-20-759A1.pdf. The amendment facilitates the collocation 
of wireless facilities on existing towers by eliminating review under 
Section 106 of the National Historic Preservation Act for certain 
collocations that involve a limited expansion beyond the boundaries of 
a tower site.

Synopsis

    1. The Collocation NPA, which was executed in 2001 and first 
amended in 2016, provides that a collocation on an existing tower is 
excluded from Section 106 review unless it involves one of the 
enumerated circumstances, which include a substantial increase in the 
size of the tower. Prior to the amendment, a ``substantial increase in 
the size of the tower'' was defined to include, among other factors, 
any excavation outside the current tower site. In contrast, the 
Nationwide Programmatic Agreement Regarding the Section 106 National 
Historic Preservation Act Review Process (codified at 47 CFR, part 1, 
appendix C)--executed by the FCC, ACHP, and NCSHPO in 2004, subsequent 
to the Collocation NPA--excludes from Section 106 review the 
replacement of a tower that involves deployment and excavation by no 
more than 30 feet in any direction outside the boundaries of an 
existing tower site.
    2. The FCC, ACHP, and NCSHPO agreed to amend section I.E.4 of the 
Collocation NPA, which is codified at 47 CFR, part 1, appendix B, to 
eliminate this inconsistency. Specifically, under this amendment, a 
collocation would be excluded from Section 106 review if it would not 
``expand the boundaries of the current tower site by more than 30 feet 
in any direction or involve excavation outside these expanded 
boundaries'' (Second Amendment to Collocation NPA, Section I.E.4), 
provided that the collocation complies with other criteria for 
exclusion specified in the Collocation NPA.
    3. Paperwork Reduction Act Analysis. The document does not contain 
proposed information collection(s) subject to the Paperwork Reduction 
Act

[[Page 51358]]

of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not 
contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).
    4. Congressional Review Act. The Commission will not send a copy of 
the Second Amendment to the Collocation Agreement, appended for 
reference as 47 CFR part 1, appendix B, to Congress and the General 
Accountability Office pursuant to the Congressional Review Act (CRA) 
because the Second Amendment is not a rule as defined in the CRA, see 5 
U.S.C. 804(3).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedures, Telecommunications.

    Federal Communications Commission.
Amy Brett,
Associate Division Chief, Competition and Infrastructure Policy 
Division, Wireless Telecommunications Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read:

    Authority: 47 U.S.C. 151, 154(i), 155, 157, 225, 303(r), 309, 
1403, 1404, 1451, and 1452.


0
2. Appendix B to part 1 is revised to read as follows:

Appendix B to Part 1--Nationwide Programmatic Agreement for the 
Collocation of Wireless Antennas

Second Amendment to 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), the 
Advisory Council on Historic Preservation (the Council) and the 
National Conference of State Historic Preservation Officers (NCSHPO) 
executed this Nationwide Collocation Programmatic Agreement on March 
16, 2001 in accordance with 36 CFR Section 800.14(b) to address the 
Section 106 review process as it applies to the collocation of 
antennas; and,
    Whereas, the FCC encourages collocation of antennas where 
technically and economically feasible, in order to reduce the need 
for new tower construction; and in its Wireless Infrastructure 
Report and Order, WT Docket No. 13-238, et al, released October 21, 
2014, adopted initial measures to update and tailor the manner in 
which it evaluates the impact of proposed deployments on the 
environment and historic properties and committed to expeditiously 
conclude a program alternative to implement additional improvements 
in the Section 106 review process for small deployments that, 
because of their characteristics, are likely to have minimal and not 
adverse effects on historic properties; 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, Public Law 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 Collocation 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 will 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 FCC, the Council, and NCSHPO acknowledge that 
federally recognized Indian tribes (Indian tribes), Native Hawaiian 
Organizations (NHOs), SHPO/THPOs, local governments, and members of 
the public make important contributions to the Section 106 review 
process, in accordance with Section 800.2(c) & (d) of the Council's 
rules, and note that the procedures for appropriate public 
notification and participation in connection with the Section 106 
process are set forth the Nationwide Programmatic Agreement 
Regarding the Section 106 National Historic Preservation Act Review 
Process (NPA); and,
    Whereas, the parties hereto agree that the amended procedures 
described in this amendment to the Collocation 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 its implementing regulations found at 36 CFR part 800; and,
    Whereas, the FCC sought comment from Indian tribes and Native 
Hawaiian Organizations regarding the terms of this amendment to the 
Collocation Agreement by letters dated April 17, 2015, July 28, 
2015, and May 12, 2016, as well as during face-to-face meetings and 
conference calls, including during the Section 106 Summit in 
conjunction with the 2015 annual conference of the National 
Association of Tribal Historic Preservation Officers (NATHPO); and,
    Whereas, the terms of this amendment to the Collocation 
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 amendment to the Collocation 
Agreement do not preclude Indian tribes or NHOs 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 NHOs; and,
    Whereas, the execution and implementation of this amendment to 
the Collocation 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 Collocation Agreement;
    Now therefore, in accordance with Stipulation XI (as renumbered 
by this amendment), the FCC, the Council, and NCSHPO agree to amend 
the Collocation Agreement to read as follows:

[[Page 51359]]

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 National Register 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 have 
developed this Collocation Programmatic Agreement in accordance with 
36 CFR 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 execution of this Nationwide Collocation 
Programmatic Agreement will streamline the Section 106 review of 
collocation proposals and thereby reduce the need for the 
construction of new towers, thereby reducing potential effects on 
historic properties that would otherwise result from the 
construction of those unnecessary new towers; and,
    Whereas, the FCC and the Council have agreed that these measures 
should be incorporated into a Nationwide Programmatic Agreement to 
better manage the Section 106 consultation process and streamline 
reviews for collocation of antennas; and,
    Whereas, since collocations reduce both the need for new tower 
construction and the potential for adverse effects on historic 
properties, the parties hereto agree that the terms of this 
Agreement should be interpreted and implemented wherever possible in 
ways that encourage collocation; and,
    Whereas, the parties hereto agree that the procedures described 
in this Agreement are, with regard to collocations as defined 
herein, a proper substitute for the FCC's compliance with the 
Council's rules, in accordance and consistent with Section 106 of 
the National Historic Preservation Act and its implementing 
regulations found at 36 CFR part 800; and,
    Whereas, the FCC has consulted with the National Conference of 
State Historic Preservation Officers (NCSHPO) and requested the 
President of NCSHPO to sign this Nationwide Collocation Programmatic 
Agreement in accordance with 36 CFR 800.14(b)(2)(iii); and,
    Whereas, the FCC sought comment from Indian tribes and Native 
Hawaiian Organizations (NHOs) regarding the terms of this Nationwide 
Programmatic Agreement by letters of January 11, 2001 and February 
8, 2001; and,
    Whereas, the terms of this Programmatic Agreement do not apply 
on ``tribal lands'' as defined under Section 800.16(x) of the 
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 Indian tribes 
or NHOs, SHPO/THPOs, local governments, or 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 expand the 
boundaries of the current tower site by more than 30 feet in any 
direction or involve excavation outside these expanded boundaries. 
The current tower site is defined as the current boundaries of the

[[Page 51360]]

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

    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 the criteria established in Stipulation VI 
herein for collocations of small antennas; \1\ or,
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    \1\ For purposes of this Agreement, 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 based upon the review of the 
FCC, licensee, tower company or applicant for an antenna license, 
and the collocation does not meet the criteria established in 
Stipulation VII herein for collocations of small or minimally 
visible antennas; or,
    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. An antenna (including associated equipment included in the 
definition of Antenna in Stipulation I.A.) may be mounted in the 
interior of a building, regardless of the building's age or location 
in a historic district and regardless of the antenna's size, without 
such collocation being reviewed through the Section 106 process set 
forth in the NPA, unless:
    (1) The building is a designated National Historic Landmark, or 
listed in or eligible for listing in the National Register of 
Historic Places; or,
    (2) The collocation licensee or the owner of the building 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.
    C. 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. Additional Exclusion for Collocation of Small Wireless Antennas 
and Associated Equipment on Buildings and Non-Tower Structures That 
Are Outside of Historic Districts and Are Not Historic Properties

    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, and the 
collocation does not meet the criteria established in Stipulation 
VII herein for collocations of small or minimally visible antennas; 
or,
    2. The building or non-tower structure is a designated National 
Historic Landmark; or,
    3. The building or non-tower structure is listed in or eligible 
for listing in the National Register of Historic Places, and the 
collocation does not meet the criteria established in Stipulation 
VII herein for collocations of small or minimally visible antennas; 
or,
    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; or,

[[Page 51361]]

    5. 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; or,
    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; or,
    iii. 35 cubic feet for non-pole collocations that can support at 
least 3 providers; or,
    iv. 28 cubic feet for pole collocations that can support at 
least 3 providers; or,
    6. 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.
    C. 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 VI 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.

VII. Additional Exclusions for 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 property on which the equipment will be deployed is not a 
designated National Historic Landmark.
    2. 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;
    3. 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).
    4. 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;
    5. 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; 
and
    6. The collocation licensee or the owner of the building or non-
tower structure has not 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. A small antenna (including associated equipment included in 
the definition of Antenna in Stipulation I.A.) may be mounted on a 
utility pole or electric transmission tower (but not including light 
poles, lamp posts, and other structures whose primary purpose is to 
provide public lighting) that is in active use by a utility company 
(as defined in Section 224 of the Communications Act) or by a 
cooperatively-owned, municipal, or other governmental agency 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 utility pole or electric transmission tower on which the 
equipment will be deployed is not located on a designated National 
Historic Landmark;
    2. 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;
    3. 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;
    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; 
and
    5. The collocation licensee or the owner of the utility pole or 
electric transmission tower has not 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.
    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 (1) the collocation licensee or the owner of the structure 
has not received written or electronic notification that the FCC is 
in receipt of a complaint from a member of the

[[Page 51362]]

public, an Indian Tribe, a SHPO or the Council, that the collocation 
has an adverse effect on one or more historic properties; 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 
or compatible element within 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 or compatible element within 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 
or compatible element within the historic district.
    4. If within the thirty-day period, the SHPO informs the 
applicant that the structure is a contributing element or compatible 
element within the historic district 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 or compatible 
element within the historic district, 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. 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.
    E. 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 VII 
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.

VIII. Replacements of Small Wireless Antennas and Associated 
Equipment

    A. 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); (2) inside or within 250 feet of the 
boundary of a historic district; or (3) located on or inside a 
building or non-tower structure that is over 45 years of age, 
regardless of visibility, may be replaced without being reviewed 
through the Section 106 process set forth in the NPA, provided that:
    1. The antenna deployment being replaced has undergone Section 
106 review, unless either (a) such review was not required at the 
time that the antenna being replaced was installed, or (b) for 
deployments on towers, review is not required pursuant to 
Stipulation III above.
    2. 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,
    3. 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,
    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 mounted inside a building or non-tower 
structure and subject to the provisions of this Stipulation VIII is 
to be installed in a way that does not damage historic materials and 
permits removal of such facilities without damaging historic 
materials.

IX. 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.

X. 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.

XI. 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.

XII. Termination

    A. If the FCC determines, or if NCSHPO determines on behalf of 
its members, that it or they cannot implement the terms of this 
Nationwide Collocation Programmatic Agreement, or if the FCC, NCSHPO 
or the Council determines that the Programmatic Agreement is not 
being properly implemented or that the spirit of Section 106 is not 
being met 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

[[Page 51363]]

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.

XIII. 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.

XIV. 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

______
Date: ___

National Conference of State Historic Preservation Officers

______
Date: ___

Advisory Council on Historic Preservation

______
Date: ___

[FR Doc. 2020-16542 Filed 8-19-20; 8:45 am]
BILLING CODE 6712-01-P