[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Notices]
[Pages 11881-11885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4644]
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GENERAL SERVICES ADMINISTRATION
[GSA Bulletin FMR 2007-B2]
Placement of Commercial Antennas on Federal Property
AGENCY: General Services Administration.
ACTION: Notice of bulletin.
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SUMMARY: The attached bulletin cancels and replaces FPMR Bulletin D-
242, Placement of Commercial Antennas on Federal Property. It provides
all Federal agencies with the general guidelines and processes for
implementing President Clinton's memorandum of August 10, 1995,
entitled ``Facilitating Access to Federal Property for the Siting of
Mobile Services,'' and section 704(c) of the Telecommunications Act of
1996, Pub. L. 104-104 (Feb. 8, 1996), as codified at 47 U.S.C. 332
note.
DATES: Effective Date: March 14, 2007.
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director,
Regulations Management Division, Office of Governmentwide Policy, 202-
501-1737 or [email protected].
Dated: March 7, 2007.
Kevin Messner,
Acting Associate Administrator, Office of Governmentwide Policy.
[GSA Bulletin FMR Bulletin 2007-B2]
Real Property
To: Heads of Federal Agencies.
Subject: Placement of Commercial Antennas on Federal Property.
1. Purpose. This bulletin cancels and replaces FPMR Bulletin D-242,
Placement of Commerical Antennas on Federal Property, which was
published in the Federal Register on June 16, 1997, with an effective
date of June 11, 1997 (62 FR 32611), and provides all Federal agencies
with the general guidelines and processes for implementing President
Clinton's memorandum of August 10, 1995, entitled ``Facilitating Access
to Federal
[[Page 11882]]
Property for the Siting of Mobile Services Antennas,'' which memorandum
is still in effect, and section 704(c) of the Telecommunications Act of
1996, Pub. L. 104-104 (Feb. 8, 1996), 47 U.S.C. 332 note. This bulletin
contains much of the same guidance as D-242 and includes updated
information concerning the antenna siting program.
2. Expiration. This bulletin contains information of a continuing
nature and will remain in effect until canceled.
3. Background
a. On August 10, 1995, President Clinton signed a memorandum
directing the Administrator of General Services, in consultation with
the heads of other Federal agencies, to develop procedures necessary to
facilitate access to Federal property for the siting of ``mobile
services antennas'' (telecommunications service provider equipment).
b. On February 8, 1996, the President signed the Telecommunications
Act of 1996, which included a provision for making Federal property
available for placement of telecommunications equipment by duly
authorized providers.
c. On March 29, 1996, GSA published a Notice in the Federal
Register outlining the guiding principles and actions necessary for
Federal agencies to implement the antenna siting program promulgated by
the Presidential memorandum and the Telecommunications Act of 1996.
d. In response to inquiries from the wireless telecommunications
industry regarding the Federal Government's progress in this program,
GSA conducted three Antenna Siting Forums: March 5, 1997, for Federal
agencies; March 19, 1997, for the wireless telecommunications industry;
and a joint forum on April 15, 1997.
e. A fact-finding working group comprised of industry and Federal
agency representatives was established and met to discuss the issues
raised during the initial two forums. These issues were:
(1) Development of a uniform evaluation process, including timely
response and an appeals process, to facilitate and explain the basic
application process;
(2) Site pricing to enable Federal agencies to retain flexibility
in establishing the antenna rates;
(3) Site competition to provide timely response to requests and,
where feasible, encourage industry collocation;
(4) Fee reimbursement to provide payment to the Federal Government
for services and resources provided as part of the siting request
review process;
(5) Site security, access, and rights-of-way to identify roles and
responsibilities of both the Federal Government and the wireless
telecommunications service provider; and
(6) Site request denial tracking to enable GSA and the wireless
telecommunications industry to track antenna requests and denials.
f. GSA subsequently identified environmental and historic resource
implications as additional issues to be considered by the working group
and these issues are addressed in this document.
g. This collaborative effort, along with further meetings and
discussions, has resulted in a better understanding of processes and
procedures between the wireless telecommunications industry and the
Federal agencies.
h. The updated guidelines and procedures described in this bulletin
will further efforts for a more cooperative relationship between the
Federal Government and the wireless telecommunications industry and
continue efforts to facilitate implementing the requirements of section
704(c) of the Telecommunications Act of 1996 and President Clinton's
memorandum on facilitating access to Federal Property.
4. Action. The following guidelines and procedures should be
followed by all Executive departments and agencies. In addition, all
independent regulatory commissions and other federal agencies also are
requested to comply with the following:
a. Determining impact to controlled property. Each Executive
department and agency that controls and operates real property, rights-
of-way or easements affecting property by virtue of specific statutory
authority is responsible for determining the extent and programmatic
impact of placing commercially-owned antennas on its properties.
b. Review of internal agency rules. Each Executive department and
agency should review its rules, policies and procedures for allowing
commercial use of its properties and modify them, as necessary, to
support the siting of commercial telecommunications service antennas as
provided in this bulletin.
c. Dissemination of antenna guidelines. Executive department and
agency officials in national, regional, and local offices who are
responsible for the siting of commercial telecommunications service
antennas should comply with the requirements and policies prescribed by
the Telecommunications Act of 1996 concerning property, rights-of-way
and easements under their agency's control, and President Clinton's
memorandum on facilitating access to Federal property.
d. Preliminary response to siting request. Each Executive
department and agency should provide at least a preliminary written
response to any antenna siting request no later than sixty (60) days
after receipt of the request. This response should be sent after
performing an initial evaluation of the request. In the event that the
Executive department or agency does not provide a preliminary written
response to the siting request within sixty (60) days after receipt of
the request, the request shall be deemed denied and the service
provider shall have the right to appeal such denial in accordance with
the procedures set forth at Section 6.d, below.
e. Open communications. Each Executive department and agency should
maintain open communications with the requesting wireless
telecommunications provider. Communication is critical once a siting
request has been submitted and should be maintained throughout the term
of the working relationship.
f. Points of contact. Each Executive department and agency should,
upon request, provide firms and individuals with the agency's point of
contact for placing commercial telecommunications service antennas on
Federal properties. Generally, Federal buildings and courthouses are
controlled by the General Services Administration; military posts and
bases, by the Department of Defense; Veterans hospitals and clinics, by
the Department of Veterans Affairs; and open land areas, including
National Parks, National Forests and other public lands, by the
Department of the Interior or the Department of Agriculture.
g. Headquarters points of contact. Attachment A is a listing of the
agency points of contact in the headquarters of Federal real property
holding departments and agencies. Anyone interested in placing antennas
on specific Federally-owned properties should contact the appropriate
agency official.
h. Information required. Telecommunications service providers must
be duly licensed by the Federal Communications Commission (FCC) to be
eligible to site antennas on federal property. Qualified, interested
parties should specifically identify the Federal property and provide
the basic information described in Attachment B (Uniform Review
Process). Federal agencies should advise the applicants of any specific
application procedures, and
[[Page 11883]]
provide the name of the local site or facility manager responsible for
determining site suitability as well as the term and type of instrument
(e.g., lease, permit, license) required to facilitate access to the
property.
i. Assistance in determining property ownership. In instances where
the identity of the department or agency that has custody and control
of the property is unknown, the GSA Office of Governmentwide Policy
Office of Real Property Management should be contacted. This office
maintains a listing of all properties owned by the Federal Government
world-wide and will assist in the identification of such property. This
office may be reached at (202) 501-0856, or by writing to the Office of
Real Property Management (MP), Room 6207, General Services
Administration, 1800 F Street, NW., Washington, DC 20405. To assist in
identifying the appropriate Federal department or agency, inquiries
should include the state, city/county, building/ property name and
mailing address of the property in question.
5. Applicability. These guidelines are applicable to Executive
departments and agencies for antenna siting requests for rooftops, open
land or other requests for access under this program. These guidelines
do not apply to lands held by the United States in trust for individual
or Native American Tribal Governments. For antenna sites on property
not under the jurisdiction, custody or control of GSA, agencies also
should review the Department of Commerce Report entitled ``Improving
Rights-of-Way Management Across Federal Lands: A Roadmap for Greater
Broadband Deployment'' (April 2004).
6. Antenna Siting Principles and Regulatory Guidance. To facilitate
compliance with the Telecommunications Act of 1996, and President
Clinton's memorandum on facilitating access to Federal property, the
following principles should be applied in evaluating requests for
antenna siting access. In addition, agencies operating under, or
subject to, the authorities of GSA should review 41 CFR 102-79.70--100
for additional regulatory guidance on siting antennas on federal
property.
a. Property availability. Upon request, and to the extent permitted
by law and to the extent practicable, Executive departments and
agencies may make available Federal Government buildings and lands for
the siting of telecommunications service antennas. This should be done
in accordance with Federal, State and local laws and regulations, as
applicable, and consistent with national security concerns. Care should
be exercised to avoid electromagnetic intermodulations and
interferences. The evaluation of the siting request must include
consideration of environmental and historic preservation issues,
including, but not limited to:
(1) Public health and safety with respect to the antenna
installation and maintenance;
(2) Aesthetics;
(3) Effects on historic districts, sites, buildings, monuments,
structures, or other objects pursuant to the National Historic
Preservation Act of 1966, as amended, and implementing regulations, and
the September 2004 Nationwide Programmatic Agreement for Review of
Effects on Historic Properties for Certain Undertakings Approved by the
Federal Communications Commission;
(4) Protection of natural and cultural resources (e.g., National
Parks and Wilderness areas, National Wildlife Refuge systems);
(5) Compliance with the appropriate level of review and
documentation as necessary under the National Environmental Policy Act
of 1969, as amended, and implementing regulations of each Federal
department and agency responsible for the antenna siting project, and
the Federal Aviation Administration, the National Telecommunications
and Information Administration, and other relevant departments and
agencies; and
(6) Compliance with the FCC's guidelines for radiofrequency
exposure, OET Bulletin 65, Edition 97-01, entitled ``Evaluating
Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields'' (August 1997), as the same may be revised from
time to time, and any other guidance relating to radiofrequency
guidelines and their enforcement. These updated guidelines for
addressing health concerns reflect the latest scientific knowledge in
this area, and are supported by Federal health and safety agencies such
as the Environmental Protection Agency and the Food and Drug
Administration.
b. Site evaluation. The evaluation of any siting request will also
be subject to any additional requirements of the Federal agency
managing the facility, the FCC, the Federal Aviation Administration,
the National Telecommunications and Information Administration, and
other relevant departments and agencies. In addition, the National
Capital Planning Commission should be consulted for siting requests
within the Washington, DC metropolitan area.
c. Granting siting requests. As a general rule, requests for the
use of property, rights-of-way and easements by telecommunications
service providers duly licensed by the FCC should be granted, unless
there are unavoidable conflicts with the department's or agency's
mission, or current or planned use of the property or access to that
property. A denial of a siting request based on these criteria should
be fully explained, in writing, as noted in paragraph d., below.
d. Agency discretion for site denial. Executive departments and
agencies shall retain discretion to reject inappropriate siting
requests and assure adequate protection of public property. In cases
where the antenna siting request has been denied, Executive departments
and agencies should allow the service provider to appeal the decision
to a higher level of agency authority for review. Written denial of a
siting request should be fully explained, and should advise the service
provider of the name and mailing address of the appropriate agency
official to whom the appeal should be sent.
e. Site access. All procedures and mechanisms adopted by Executive
departments and agencies regarding access to Federal property should be
clear and simple so as to facilitate the efficient build-out of the
national wireless communications infrastructure. Obtaining rights of
access to Federal properties through non-Federal lands is the sole
responsibility of the telecommunications service provider.
f. Costs for services. The telecommunications service provider is
responsible for any reasonable costs incurred by Federal agencies
associated with providing access to antenna sites, including obtaining
appropriate clearance of provider personnel for access to buildings or
land deemed to be security sensitive as is done with service contractor
personnel. OMB Circular A-25, entitled ``User Charges,'' revised July
8, 1993, established guidelines for agencies to assess fees for
Government services, and for the sale or use of Government property or
resources.
g. Site fees. Pursuant to the Telecommunications Act of 1996,
agencies are authorized to charge reasonable fees for antenna sites on
Federal property. In accordance with President Clinton's memorandum,
Executive departments and agencies should charge fees based on market
value. Fee determinations can be based on appraisal, use of set rate
schedules or other reasonable means of value determination. Unless
otherwise authorized by law to retain antenna siting proceeds, agencies
collecting fees pursuant to the Telecommunications
[[Page 11884]]
Act must remit the fees to the General Fund of the Treasury.
h. Site requests. Executive departments and agencies should make
antenna sites available on a fair, reasonable and nondiscriminatory
basis. Collocation of antennas should be encouraged where there are
multiple antenna siting requests for the same location. In cases where
this is not feasible and space availability precludes accommodating all
antenna siting applicants, competitive procedures may be used.
i. Priority for siting antennas. The siting of telecommunications
service provider antennas should not be given priority over other
authorized uses of Federal buildings or land.
j. Advertising prohibition. Antenna structures on Federal property
may not contain any advertising.
k. Equipment removal. Terms and provisions of the lease, permit,
license, or other legal instrument used should assure the timely
removal or transfer of ownership of equipment and structures by the
service provider. Unless the express terms of the applicable site
access agreement provide otherwise, removal of such equipment and
structures should be at the sole cost and expense of the
telecommunications service provider.
l. Review process. For those Federal agencies that are unfamiliar
with the siting request application process, Attachment B, Uniform
Review Process, provides additional processing information to assist in
the antenna siting request review.
m. Additional Information. Further information regarding this
bulletin may be obtained by contacting Mr. Stanley C. Langfeld,
Director, Regulations Management Division, Office of Governmentwide
Policy, General Services Administration, (202) 501-1737.
Attachment A--Agency Contact Points for the Placement of Antennas on
Federal Buildings
Bonneville Power Administration, Paul Majkut, Office of General
Counsel, 905 Northeast 11th Avenue, Portland, OR 97232, (503) 230-4201.
Federal Communications Commission, Dennis Dorsey, Supervisor,
Contracts Branch, 1919 M St., NW., Room 404, Washington, DC 50554,
(202) 418-1865.
National Academy of Science, National Research Council, 2101
Constitution Ave., NW., Mail Stop (HA-274), Washington, DC 20418, (202)
334-3384.
National Aeronautics & Space Administration, Albert Johnson, Team
Leader--Real Estate, Facilities Engineering & Real Property Division,
NASA Headquarters, LD030, 300 E Street, SW, Washington, DC 20546-0001,
(202) 358-1834.
National Archives & Records Administration, Mark Sprouse, Division
Director, Facilities & Personal Property Management, (301) 837-3019,
and John Bartell, Branch Chief, Facilities Management, (301) 837-1813,
8601 Adelphi Road, Room 2320, College Park, MD 20740-6001.
National Science Foundation, Property Administrator, Mary Lou
Higgs, 4201 Wilson Blvd., Room 295, Arlington, VA 22230, (703) 292-
8190.
Tennessee Valley Authority, Legal Department, 1101 Market Street,
Mail Stop: (WR4A-C), Chattanooga, TN 37402-2801, (865) 632-4301.
U.S. Army Corps of Engineers, Management and Disposal Division in
the Real Estate Directorate, 20 Massachusetts Ave., NW., Room 4224,
Washington, DC 20314-1000, (202) 761-0511.
U.S. Department of Agriculture, Property Management Division, AG
Box 9840, Washington, DC 20250, (202) 295-5028.
U.S. Department of Commerce, Office of Real Estate, 14th &
Constitution Ave., NW., Room 1040, Washington, DC 20230, (202) 482-
3580.
U.S. Department of Defense: Commercial companies who wish to place
antennas on DOD property should first contact that property's
Installation Commander. If unknown, please contact the following
office: Brad Hancock, Commander--Installations, Requirements &
Management, 3400 Defense Pentagon, Room 5C646, Washington, DC 20301-
3340, (703) 571-9074.
U.S. Department of Education, Mitchell Clark, Assistant Secretary
of Mangement & Chief Human Capital Officer, 400 Maryland Avenue, SW.,
Room FB6-2W311, Washington, DC 20202, (202) 401-5848.
U.S. Department of Energy, Engineering & Space Management Branch,
1000 Independence Ave., SW., Mail Stop: HR211, Room 1F-039, Washington,
DC 20585, (202) 586-1557.
U.S. Department of Health & Human Services, Office of Facilities
Management & Policy, 200 Independence Ave., SW., 3rd Floor, Washington,
DC 20001, Diane Stewart (202) 205-4834.
U.S. Department of the Interior, Bureau of Land Management, 1849 C
Street, NW., Room 1000-LS, Washington, DC 20240-9998, (202) 452-7782.
U.S. Department of the Interior, National Park Service, Parks,
Planning, Facilities & Lands, 1849 C Street, NW., Washington, DC 20240,
Lee Dickinson, Right-of-Way Program Manager, (202) 513-7092.
U.S. Department of Justice, Real Property Management Services,
Suite 1060, National Place Building, Washington, DC 20530, (202) 616-
2266.
U.S. Department of Labor, Office of Facility Management, 200
Constitution Ave., NW., Room S 1520/ OFM, Washington, DC 20210, (202)
693-6660.
U.S. Department of State, Office of Real Property, 2201 C Street,
NW., Suite 1264, Washington, DC 20520, (202) 647-3477.
U.S. Department of Transportation, Office of the Secretary, 400 7th
Street, SW, Mail Stop: M72, Room 2318, Washington, DC 20590, Rita
Martin (202) 366-9724.
U.S. Department of Treasury, Office of Real and Personal Property
Management, Office of the Deputy Assistant Secretary for Departmental
Finance and Management, 1500 Pennsylvania Ave., NW., Room 6140-ANX,
Washington, DC 20220, (202) 622-0500.
U.S. Department of Veterans Affairs, Land Management Service, 811
Vermont Ave., NW., Mail Stop: 184A, Washington, DC 20005, (202) 565-
5026.
U.S. Environmental Protection Agency, Architecture, Engineering and
Asset Management Branch, Facilities Management and Services Division,
Ronald Reagan Building, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, William Ridge, Branch Chief, (202) 564-2160.
U.S. General Services Administration: Commercial companies who wish
to place antennas on GSA property should first contact the appropriate
Regional Office of the Public Buildings Service. If unknown, please
contact the Public Buildings Service, 1800 F St., NW., Washington, DC
20405, (202) 501-1100.
U.S. Government Printing Office, Office of Administrative Support,
710 North Capitol St., NW., Mail Stop: OA, Washington, DC 20401-0501,
(202) 512-1074.
International Broadcasting Bureau/M/AF, CohenBuilding, 330
Independence Ave., SW., Washington, DC 20237, Carol Baker, Director of
Administration, (202) 203-4588.
U.S. Postal Service, Realty Asset Management, 475 L'Enfant Plaza
West, SW., Washington, DC 20260-6433, Bob Otto, (202) 268-5700.
[[Page 11885]]
Attachment B--Uniform Review Process
The following information may be used as a guide by Federal
agencies upon receipt of an antenna siting request from a service
provider duly licensed by the FCC. This uniform review process is
intended to assist those Federal agencies that are unfamiliar with the
review and evaluation of antenna siting proposals. This guidance has
been developed based on input from several Federal agencies that have
had extensive experience in working with the wireless communications
industry and antenna siting requests for both rooftop and open land
installations. In addition, agencies operating under, or subject to,
the authorities of GSA should review 41 CFR 102-79.70--100 for
additional regulatory guidance on siting antennas on Federal property.
a. Siting request review. Federal agencies should review the siting
request to confirm that the required basic evaluation information is
provided. This information should include the following:
(1) Name, address and telephone number of applicant and authorized
or legal representative for the project;
(2) Specific building name and address, or, as appropriate,
latitude and longitude or other site specific property identifier;
(3) Type and size of antenna installation and support required for
the service provider's proposed wireless site, including access to
site, utility requirements, acreage of land or ft/lb capacity for
rooftops, etc. In cases where the proposed site is to be located on an
established building or wireless facility, any special modification
requirements unique to the service provider's proposal must be clearly
identified;
(4) FCC license number and summary of antenna specifications,
including frequencies;
(5) Proposed term of requirement;
(6) Terms of removal of equipment and structures or property
restoration;
(7) Description of project or larger antenna installation program,
if applicable; and
(8) As appropriate, proposed method of achieving environmental and
historic sensitivity compliance.
b. Site survey.
(1) Upon agency completion of an initial review for information
sufficiency, coordination with the facility manager, and determination
that there is no obvious reason to deny the request, a site survey with
the wireless telecommunications provider should be scheduled, in part
to determine whether the site actually meets the needs of the service
provider. If feasible, from the information available, a response
should be sent to the applicant as soon as possible, but no later than
sixty (60) days after receipt either granting or denying the siting
request. In the event that the agency does not provide a preliminary
written response to the siting request within sixty (60) days after
receipt of the request, the request shall be deemed denied and the
service provider shall have the right to appeal such denial in
accordance with the procedures set forth in this bulletin.
(2) If there is insufficient information to make a decision, the
agency should send a preliminary response to the applicant as soon as
possible, but no later than sixty (60) days after receipt of the
request. This response should inform the applicant of the need for any
additional information, unique conditions or restrictions affecting the
property, or other circumstances that may influence the timing or
ultimate determination for site approval. In addition, the National
Capital Planning Commission should be consulted for siting requests
within the Washington, DC metropolitan area.
c. Point of contact. In all cases, the agency's response should
include the name and telephone number of the agency representative or
facility manager responsible for the project. This information will
enable the applicant to initiate planning for the potential use of the
requested site.
d. Need for additional information. If the preliminary response
indicates additional information is required, the agency should review
the applicant's response in a timely manner upon its receipt. The
applicant should be advised, in writing, if there are any other review
and reporting requirements necessary due to statutory, legal, or the
agency's internal requirements prior to issuing a final decision. This
may include an Environmental Assessment or an Environmental Impact
Statement and public meetings as part of the National Environmental
Policy Act of 1969, as amended, or any other potential reviews,
including Section 106 of the National Historic Preservation Act of
1966, as amended, if applicable.
e. Notification of fees. Applicants should be advised as soon as
possible of their responsibility for any charges for Government
services provided in the review process or other issues that need to be
resolved. This response should provide the applicant with an estimated
time frame for completing the necessary actions and should be based on
experience in dealing with projects of similar complexity.
f. Final decisions. Final decisions should be rendered, in writing,
in a timely manner and after completion of all required reviews,
evaluations or assessments. Denials of requests should provide the
applicant with a written explanation of the reasons for denying the
request. In addition, the applicant should be advised of the agency's
appeal procedure, and the name and mailing address of the appropriate
agency official to whom the appeal should be sent.
g. Formal documentation. After agency determination to approve the
project, a lease, permit, license or other legal instrument should be
executed to document the terms, conditions and responsibilities of both
the Federal Government and the telecommunications service antenna
provider.
[FR Doc. E7-4644 Filed 3-13-07; 8:45 am]
BILLING CODE 6820-RH-P