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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp  fcc  gov 
 DA  02-  312 
 Released:  February  11,  2002 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  AND  MASS  MEDIA  BUREAU  INVITE  INDIAN  TRIBES,  ALASKAN  NATIVE  VILLAGES  AND 
 NATIVE  HAWAIIAN  ORGANIZATIONS  TO  PARTICIPATE  IN  DEVELOPING  STATE  PROTOTYPE  PROGRAMMATIC  AGREEMENT  REGARDING  HISTORIC 
 PROPERTIES,  LISTED  OR  ELIGIBLE  FOR  LISTING  IN  THE  NATIONAL  REGISTER  OF  HISTORIC  PLACES 


 Staff  from  the  Wireless  Telecommunications  Bureau  (WTB)  and  the  Mass  Media  Bureau  (MMB) 
 of  the  Federal  Communications  Commission  (Commission)  are  working  with  the  Advisory  Council  on 
 Historic  Preservation  (ACHP),  the  National  Conference  of  State  Historic  Preservation  Officers 
 (NCSHPO),  and  members  of  the  ACHP’s  Telecommunications  Working  Group  (TWG)  1  to  develop  a 
 State  Prototype  Programmatic  Agreement  (Agreement)  regarding  the  evaluation  and  mitigation  of  the 
 adverse  effects  of  undertakings  involving  communications  towers  and  antennas  on  properties  listed,  or 
 eligible  for  listing,  on  the  National  Register  of  Historic  Places  (Register).  Pursuant  to  the  Commission’s 
 rules,  licensees  and  applicants  must  evaluate  the  potential  effect  on  Register-  listed  or  eligible  properties 
 of  Commission  actions  associated  with  their  applications.  2  In  performing  this  evaluation,  licensees, 
 applicants,  and  the  Commission  follow  the  ACHP’s  rules  implementing  Section  106  of  the  National 
 Historic  Preservation  Act.  3  The  intended  purpose  of  the  Agreement  that  is  under  development  is  to 
 streamline  the  Section  106  process  and  develop  a  uniform  procedure  that  each  state  or  tribe  can  adopt,  or 
 adapt  as  appropriate  for  local  conditions,  for  the  Section  106  review  process  as  applied  to 
 communications  towers  and  antennas. 


 1  The  TWG  includes  representatives  from  the  Commission,  ACHP,  NCSHPO,  various  SHPOs/  THPOs, 
 Indian  tribes,  wireless  and  broadcast  industry  associations,  carriers,  tower  companies  and  other  interested 
 parties. 


 2  47  C.  F.  R.  §  1.  1307(  a)(  4). 


 3  36  U.  S.  C.  §  470(  f);  36  C.  F.  R.  Part  800;  see  also  Memorandum  from  John  M.  Fowler,  Executive 
 Director,  Advisory  Council  on  Historic  Preservation,  to  Federal  Communications  Commission,  State 
 Historic  Preservation  Officers,  and  Tribal  Historic  Preservation  Officers,  dated  September  21,  2000.  We 
 note  that  many  collocations  have  been  exempted  from  Section  106  review  pursuant  to  an  existing 
 programmatic  agreement.  See  Wireless  Telecommunications  Bureau  Announces  Execution  of 
 Programmatic  Agreement  with  Respect  to  Collocating  Wireless  Antennas  on  Existing  Structures,  Public 
 Notice,  DA  01-  691,  rel.  March  16,  2001. 
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 Pursuant  to  the  Commission’s  Policy  Statement  of  consulting  with  federally  recognized  Indian 
 tribes  4  and  the  ACHP’s  rules,  5  WTB  and  MMB  invite  any  interested  American  Indian  Tribes,  Alaskan 
 native  villages,  and  Native  Hawaiian  organizations  or  Tribal  Historic  Preservation  Officers  (THPO)  to 
 participate  in  the  negotiation  and  drafting  of  the  Agreement.  If  you  are  interested,  please  contact  FCC 
 staff  by  any  of  the  following  methods.  Please  indicate  your  name,  tribe,  phone  number,  street  address,  fax 
 number,  and  e-  mail  address,  if  any. 


 1.  Please  e-  mail  your  interest  to  wtb_  towersiting.  org. 
 2.  Please  call  Don  Johnson  in  the  FCC’s  Commercial  Wireless  Division  at  (202)  418-  7444. 
 3.  Please  facsimile  your  interest  to  the  FCC  at  202-  418-  7447. 


 Due  to  delays  in  mail  deliveries  occasioned  by  recent  security  concerns,  we  ask  that  you  use  one 
 of  these  methods,  rather  than  mailing  a  letter  through  the  U.  S.  Postal  Service.  If  you  have  any  questions, 
 please  call  Don  Johnson  at  (202)  418-  7444. 


 4  In  the  Matter  of  Statement  of  Policy  on  Establishing  a  Government-  to-  Government  Relationship  with 
 Indian  Tribes,  Policy  Statement,  16  FCC  Rcd.  4078,  4080  (2000). 
 5  36  C.  F.  R.  §  800.16(  x). 
2