Topic 4-
- The NPA letter, or PAL, from the tower owner to the wireless carrier first specifies whether the tower referenced in the letter was built before or after March 16, 2001 (the effective date of the NPA initializing the Section 106 process). If the tower was built on or before the date of the NPA, the letter confirms whether a determination has been made by the FCC, a SHPO, or THPO about any effect on one or more historic properties and if the tower does have an effect confirms whether the effect is not deemed adverse through a Section 106 finding. If the effect of the tower is adverse or potentially adverse, the letter confirms whether the effect has been resolved, such as through a conditional “no adverse effect” determination, a memorandum of agreement, a programmatic agreement, or some other compliance with Section 106 and Subpart B of 36 CFR Part 800. The letter goes on to confirm that the subject tower is not the subject of a pending environmental review or a related proceeding before the FCC involving compliance with Section 106 of the National Historic Preservation Act. It also confirms that no written or electronic notification has been received by the tower owner saying that the FCC is in receipt of a complaint from a member of the public, a SHPO, or the ACHP (to the effect that the proposed wireless carrier collocation would have an adverse effect on one or more historic properties).
If the tower was built after March 16, 2001 (since the NPA took effect initiating Section 106 through the FCC), the letter confirms that the Section 106 review process and any associated environmental reviews required by the FCC have been completed and a copy of SHPO or FCC concurrence is attached. The letter goes on to confirm that the subject tower has not been determined by the FCC, a SHPO, or a THPO to have an effect on one or more historic properties, or if there is such an effect the tower has been found not to be adverse through a “no adverse effect” finding. If the tower was found to create an adverse or potentially adverse effect, the letter confirms that the matter has been resolved, such as through a conditional “no adverse effect” determination, a memorandum of agreement, a programmatic agreement, or otherwise in compliance with Section 106 and Subpart B of 36 CFR Part 800. It also confirms that the tower owner has not received a written or electronic notification that the FCC is in receipt of a complaint from a member of the public, a SHPO, or the ACHP that the proposed wireless carrier collocation would have an adverse effect on one or more historic properties. See “Notice to Individuals Required by the Privacy Act of 1974 and the Paperwork Reduction Act of 1995,” Federal Communications Commission, https://transition.fcc.gov/Forms/Form621
/621.pdf, and “First Amendment to Nationwide Programmatic Agreement for the Collocation of Wireless Antennas,” Federal Communications Commission, National Conference of State Historic Preservation Officers, and Advisory Council on Historic Preservation, http://www.achp.gov/docs/nw-fcc-collocation
-amendment-8-3-16.pdf.
- Known as the Section 106 Process. See Subpart B—The Section 106 Process, Advisory Council on Historic Preservation,” https://www.gpo.gov/fdsys/pkg/CFR-2012-title36-vol3/pdf/CFR-2012-title36-vol3-part800-subpartB.pdf; 36 CFR Part 800—Protection of Historic Properties, http://www.achp.gov/regs-rev04.pdf; “Fees in the Section 106 Review Process,” Advisory Council on Historic Preservation, http://www.achp.gov/regs-fees.html#role; Code of Federal Regulations, Title 36—Parks, Forests, and Public Property, https://www.gpo.gov/fdsys/pkg/CFR-2016-title36-vol3/xml/CFR-2016-title36-vol3-sec800-3.xml; “The Wireless Telecommunications Bureau and Media Bureau Announce New E-Mail Address and Procedures for Electronic and Non-Electronic Submissions of Section 106 Information to the Commission under the Nationwide Programmatic Agreement,” Federal Communications Commission, https://apps.fcc.gov/edocs_public/attachmatch/DA-05-599A1.pdf; and Federal Communications Commission Categorical Exclusions, https://www.fcc.gov/sites/default/files/NEPA_Process_Overview.pdf.
- See “First Amendment to Nationwide Programmatic Agreement.”
Topic 6-
- For a copy of the 7460-1 form and instructions about its use, see https://www.faa.gov/documentlibrary/media/form/faa_form_7460-1_2017.pdf.