[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