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Environmental and
Historic Preservation
The National
Environmental Policy Act (NEPA) requires all Federal agencies to implement
procedures to make environmental consideration a necessary part of an
agency's decision-making process. As a licensing agency, the Commission
complies with NEPA by requiring Commission licensees and applicants to
review their proposed actions for environmental consequences. FCC rules
implementing NEPA are found at Title
47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections
1.1301 to 1.1319. If a licensee's proposed action falls within one
of the categories listed in section 1.1307, section 1.1308(a) requires
the licensee to consider the potential environmental effects from its
construction of antenna facilities or structures, and disclose those effects
in an environmental assessment (EA) which is filed with the Commission
for review. The Commission solicits public comment on the EAs and assists
its licensees in working with the appropriate local, state, and federal
agencies to reach agreement on the mitigation of potential adverse effects.
The filing of an EA is required when a proposed facility may have an a
significant on historic properties.
The National Historic Preservation Act (NHPA) in 1966 is one of the
federal environmental statutes implemented in the FCC's NEPA rules. Under
the NHPA, federal agencies are required to consider the effects of federal
undertakings on historic sites. Commission licensees and applicants must
comply with NHPA procedures for proposed facilities that may affect sites
that are listed or eligible for listing in the National Register of Historic
Places. This process includes consultation with the relevant State Historic
Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO)
to whether the proposed facility may create an adverse effect on an eligible
or listed historic property. Other regulations that define the process
have been promulgated by the Advisory Council on Historic Preservation
and may be found at 36
C.F.R. Part 800, Subpart B.
| Nationwide Programmatic Agreement |
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On October 5, 2004, the Commission entered into a Nationwide Programmatic Agreement
with the Advisory Council on Historic Preservation and the National Conference
of State Historic Preservation Officers regarding the Section 106 National Historic
Preservation Act Review Process. For more information see,
| NEPA & NHPA Compliance |
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| Collocation Programmatic Agreement |
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On March 16, 2001, the Commission, the National Conference of State
Historic Preservation Officers, and the Advisory Council on Historic Preservation
(ACHP) entered into a nationwide programmatic agreement to streamline
procedures for review of antenna collocations under the National Historic
Preservation Act (NHPA), 16 U.S.C. ss 470 et seq. Under the programmatic
agreement, most collocations on existing structures are exempted from
the procedures set forth in the ACHP rules. The programmatic agreement
is intended to relieve unnecessary administrative burdens on the Commission's
licensees, tower construction and management companies, State Historic
Preservation Officers, and the Commission, while protecting the goals
of the NHPA.
The
Wireless Telecommunications Bureau and Mass Media Bureau announce the
Release of a Fact Sheet Regarding the March 16, 2001 Antenna Collocation
Programmatic Agreement
pdf
- text
- Word
FactSheet: pdf
- text
- Word
Wireless
Telecommunications Bureau Announces Execution of Programmatic Agreement
with respect to Collocating Wireless Antennas on Existing Structures
pdf
- text
- Word
News Release: html
- text
- Word
Agreement: text
- pdf
- Word
Statement of Commissioner Tristani: html
- text
- Word
| U.S. Fish & Wildlife Service Issues |
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Section 1.1307(a)(3) of the Commission’s rules, 47 C.F.R. §1.1307(a)(3),
requires applicants, licensees, and tower owners (Applicants) to consider
the impact of proposed facilities under the Endangered Species Act (ESA),
16 U.S.C. s. 1531 et seq. Applicants must determine whether any proposed
facilities may affect listed, threatened or endangered species or designated
critical habitats, or are likely to jeopardize the continued existence
of any proposed threatened or endangered species or designated critical
habitats. Applicants are also required to notify the FCC and file an environmental
assessment if any of these conditions exist. The U.S.
Fish and Wildlife Service (FWS) provides information that Applicants
may find useful regarding compliance with the ESA.
In addition, FWS has formulated and published voluntary guidelines for
the siting of towers intended to address potential effects on migratory
birds. These guidelines and an accompanying tower site evaluation form
are posted at U.S.
Fish and Wildlife Service, Bird Issues. According to FWS, the guidelines
reflect FWS’ judgment of “the most prudent and effective measures
for avoiding bird strikes at towers.”
| Non-Federal Representative Status |
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On July 9th, 2003, the Commission sent a designation letter to the Director,
U.S. Fish and Wildlife Service (FWS), allowing Commission licensees, applicants,
tower companies and their representatives to act as non-federal representatives
for purposes of consultation under Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. §§ 1531-1543). This designation
was made pursuant to 50 C.F.R. § 402.08.
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Last reviewed/updated on 11/24/2006.
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