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Printable Page
This material was prepared by the Media Bureau of the Federal Communications Commission at the request of the Advisory Council on Historic Preservation regarding the inclusion of broadcast facilities in the March 16, 2001 nationwide Programmatic Agreement on Collocation of communications antennae. It is also intended to help State Historic Preservation Officers as well as Tribal Historic Preservation Officers understand broadcast facilities. This is not an official Commission publication.
The Media Bureau ("Bureau") regulates broadcast and cable television systems, as well as broadcast radio stations, in the United States. The Bureau issues broadcast construction permits and licenses specifying the community of license, the channel and operating power of the station, and the geographic coordinates (latitude and longitude) of the station's transmission equipment. The conditions of the authorization ensure that the broadcast will be received without interference within a specified service area. Unlicensed operation of radio broadcast stations is prohibited, even at such low powers such as 1 watt or less (with the exception of some very low powered Part 15 devices that cover only a very small radius), and no station construction or operation may commence prior to the issuance of a Commission authorization. Broadcast authorizations are sought by filing the application form appropriate for the given service. The application form will request certain information so that the staff can evaluate the technical and legal qualifications of the applicant. It is the responsibility of the individual applicants, not the Commission, to identify vacant frequencies.1 The Bureau authorizes many different services, from low power FM stations (those with a reference antenna height of 30 meters and a coverage area of several miles at most) to full power television stations, with antenna heights of over 300 meters and coverage areas extending 60 miles or more. Accordingly, the Bureau issues permits and licenses encompassing a wide range of radiated power and antenna heights, and applicants will mount their antennae on communications towers, buildings, and other structures of widely varying heights. The height of the structure necessary to achieve the authorized signal coverage also is dependent upon the antenna's power and height above average terrain (HAAT) in the tower's vicinity. Locating an antenna on higher ground allows a shorter tower to achieve the authorized coverage area.2 Thus, in some cases, towers used for broadcast facilities may be of equivalent or even shorter size than those used for some cellular or PCS services, and there often may not be a structural difference between structures designed to hold wireless or broadcast antennae. Specifically with respect to digital television broadcasting ("DTV"), it is important to note that the transition from the existing analog to digital transmission methodology has been mandated by Congress, as is the surrender of television stations' existing analog frequencies at the end of the DTV transition period. The frequencies currently used by analog television stations will then be auctioned by the Commission for the provision of other services. The transition period to DTV is currently scheduled to end on December 31, 2006. However, the Balanced Budget Act of 1997 provides for the continuation of analog service beyond the 2006 deadline if DTV is implemented more slowly than expected. Specific conditions which would extend the transition period include the failure of at least one of the largest TV stations in a market to begin broadcasting digital signals through no fault of its own, or having fewer than 85% of the TV households in a market able to receive DTV signals off the air, either with a digital TV set or with an analog set equiped with a converter box or by subscription to a cable-type service that carries the DTV stations in a market. Few new towers have been built for DTV thus far. Whether or not a broadcaster may use an existing tower for DTV or must build a new tower depends on the circumstances of the local television station. The allocation plan for DTV is based on a presumption that broadcasters will probably want to use their existing antenna sites. In some communities, broadcasters will be able to modify existing structures to accommodate an additional DTV antenna; in others, they may have to construct new towers. In many communities that will need new towers to accommodate DTV, broadcasters are eploring the possibility of sharing towers, thereby reducing their costs and the number of towers in a community. DTV stations do not necessarily require very tall towers. DTV height requirements are no different than those of analog TV. As noted above, locating any TV transmitting antenna on a high point -- whether on a mountain, a skyscraper, or a tall tower -- will expand the area and increase the number of homes that can receive its signal. The location of any new towers will be determined by the local broadcasters, depending on the service area they wish to cover and the land that is available, subject to the FCC's approval of the construction permitapplication and local governments' approval in accordance with zoning, building, and safety regulations. This will require broadcasters to work with their communities and local governmental authorities in order to determine quickly where the towers will be situated and to obtain the necessary approvals. As noted above, in many cases the construction of new towers will not be necessary.
On March 7, 2005, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission went into effect, amending Section 1.1307(a)(4) of the Commission's rules, 47 CFR Section 1.1307(a)(4). Extensive information about the Nationwide Programmatic Agreement, including information about Form 620 (for new towers) and Form 621 (collocation on an existing tower) available on the FCC's website at http://wireless.fcc.gov/siting/npa.html. The Wireless Telecommunications Bureas has created a Learning Interactive Unit to assist all interested parties with the Nationwide Programmatic Agreement. The LPU can be accessed at http://wireless.fcc.gov/siting/npa/npa.html (see notes regarding Flash plug-in for your browser). The NPA Learning Interactive Unit provides
Questions regarding the NPA or the Learning Interactive Unit may be submitted at http://esupport.fcc.gov/contactfcc/npa/submitquery.jsp.
The Tower
Construction Notification System
is intended to increase communication in the context of the review required by
Section 106 of the National Historic Preservation Act (NHPA). It will also
provide Tribes and Historic Preservation Officers with early notification
of proposed towers in order to facilitate compliance with the Commission’s
rules, and streamline the review process for construction of towers
and other Commission undertakings.
The Tower Construction Notification System can be accessed at http://wireless.fcc.gov/outreach/notification/index.html. Access
requires an FRN number.
If you do not already have an FRN number number, you can create one at the CORES page on the FCC website.
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.
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.
On April 10, 2002, 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.
Questions or inquiries on this subject may be e-mailed to mb_siting@fcc.gov.
Footnotes from the text above:
Footnote 1: If more than one party applies for
the same vacant frequency, the resulting "mutual exclusivity" is resolved by means
of an auction (with proceeds going to the United States Treasury) for commercial
stations or by means of a "point" system (based on diversity of media interests and
local presence) for noncommercial educational frequencies.
Footnote 2: As part of its ongoing efforts to
promote air safety, the Commission requires owners to register certain antenna
structures (generally those more than 60.96 meters [200 feet] in height or located
near an airport) with the Commission. The registration program, which is
administered by the Commission's Wireless Telecommunications Bureau, allows the
FCC to fulfil its statutory duty to require the painting and lighting of antenna
structures that may pose a hazard to air navigation. Only those structures meeting
the registration criteria need to be registered. Additionally, not all registered
structures are assigned painting and lighting specifications by the FAA. |
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