82 FR 41529 - First Amendment to Collocation Agreement

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 169 (September 1, 2017)

In this document, the Wireless Telecommunications Bureau (WTB or Bureau) of the Federal Communications Commission (FCC or Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, certain information collection requirements associated with Stipulation VII.C of the amendment to Appendix B in part 1 of the Commission's rules. This notice is consistent with the final rule notice published in the Federal Register on August 29, 2016, announcing the First Amendment to the Collocation Agreement amending the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (Collocation Agreement), which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the new information collection requirements.

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41529-41530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18565]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 15-180; DA 16-900]


First Amendment to Collocation Agreement

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB 
or Bureau) of the Federal Communications Commission (FCC or Commission) 
announces that the Office of Management and Budget (OMB) has approved, 
for a period of three years, certain information collection 
requirements associated with Stipulation VII.C of the amendment to 
Appendix B in part 1 of the Commission's rules. This notice is 
consistent with the final rule notice published in the Federal Register 
on August 29, 2016, announcing the First Amendment to the Collocation 
Agreement amending the Nationwide Programmatic Agreement for the 
Collocation of Wireless Antennas (Collocation Agreement), which stated 
that the Commission would publish a document in the Federal Register 
announcing OMB approval and the effective date of the new information 
collection requirements.

DATES: 47 CFR part 1, Appendix B, Stipulation VII.C, published at 81 FR 
59146, August 29, 2016, is effective on September 1, 2017.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Cathy Williams by email at [email protected] and telephone at 
(202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on July 14, 
2017, OMB approved certain information collection requirements 
contained in the Commission's First Amendment to the Collocation 
Agreement, DA 16-900, published at 81 FR 59146, August 29, 2016. The 
OMB Control Number is 3060-1238. The Commission publishes this notice 
as an announcement of the effective date of these information 
collection requirements.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on July 14, 2017, for the new information collection 
requirements contained in the Commission's rules at 47 CFR part 1, 
Appendix B, Stipulation VII.C. Under 5 CFR part 1320, an agency may not 
conduct or sponsor a collection of information unless it displays a 
current, valid OMB Control Number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the Paperwork Reduction Act that does not display a current, valid 
OMB Control Number. The OMB Control Number is 3060-1238. The foregoing 
notice is required by the Paperwork Reduction Act of 1995, Public Law 
104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1238.
    OMB Approval Date: July 14, 2017.
    OMB Expiration Date: July 31, 2020.

[[Page 41530]]

    Title: First Amendment to Nationwide Programmatic Agreement for the 
Collocation of Wireless Antennas.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, not-for-profit 
institutions, and State, local, or Tribal governments.
    Number of Respondents and Responses: 71 respondents; 765 responses.
    Estimated Time per Response: 1 hour-5 hours.
    Frequency of Response: Third-party disclosure reporting 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
sections 1, 2, 4(i), 7, 301, 303, 309, and 332 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 157, 301, 303, 
309, 332, and section 106 of the National Historic Preservation Act of 
1966, 54 U.S.C. 306108.
    Total Annual Burden: 2,869 hours.
    Total Annual Cost: $82,285.
    Nature and Extent of Confidentiality: No known confidentiality 
between third parties.
    Privacy Act Impact Assessment: There are no impacts under the 
Privacy Act.
    Needs and Uses: The Commission requested OMB approval for new 
disclosure requirements pertaining to the First Amendment to Nationwide 
Programmatic Agreement for the Collocation of Wireless Antennas (First 
Amendment) to address the review of deployments of small wireless 
antennas and associated equipment under section 106 of the National 
Historic Preservation Act (NHPA) (54 U.S.C. 306108 (formerly codified 
at 16 U.S.C. 470f). The FCC, the Advisory Council on Historic 
Preservation (Council), and the National Conference of State Historic 
Preservation Officers (NCSHPO) agreed to amend the Nationwide 
Programmatic Agreement for the Collocation of Wireless Antennas 
(Collocation Agreement) to account for the limited potential of small 
wireless antennas and associated equipment, including Distributed 
Antenna Systems (DAS) and small cell facilities, to affect historic 
properties. The Collocation Agreement addresses historic preservation 
review for collocations on existing towers, buildings, and other non-
tower structures. Under the Collocation Agreement, most antenna 
collocations on existing structures are excluded from section 106 
historic preservation review, with a few exceptions defined to address 
potentially problematic situations. On August 3, 2016, the Commission's 
Wireless Telecommunications Bureau, ACHP, and NCSHPO finalized and 
executed the First Amendment to the Collocation Agreement, to tailor 
the Section 106 process for small wireless deployments by excluding 
deployments that have minimal potential for adverse effects on historic 
properties.
    The following are the information collection requirements in 
connection with the amended provisions of Appendix B of Part 1 of the 
Commission's rules (47 CFR pt.1, App. B):
     Stipulation VII.C of the amended Collocation Agreement 
provides that proposals to mount a small antenna on a traffic control 
structure (i.e., traffic light) or on a light pole, lamp post or other 
structure whose primary purpose is to provide public lighting, where 
the structure is located inside or within 250 feet of the boundary of a 
historic district, are generally subject to review through the section 
106 process. These proposed collocations will be excluded from such 
review on a case-by-case basis, if (1) the collocation licensee or the 
owner of the structure has not received written or electronic 
notification that the FCC is in receipt of a complaint from a member of 
the public, an Indian Tribe, a SHPO or the Council, that the 
collocation has an adverse effect on one or more historic properties; 
and (2) the structure is not historic (not a designated National 
Historic Landmark or a property listed in or eligible for listing in 
the National Register of Historic Places) or considered a contributing 
or compatible element within the historic district, under certain 
procedures. These procedures require that applicant must request in 
writing that the SHPO concur with the applicant's determination that 
the structure is not a contributing or compatible element within the 
historic district, and the applicant's written request must specify the 
traffic control structure, light pole, or lamp post on which the 
applicant proposes to collocate and explain why the structure is not a 
contributing element based on the age and type of structure, as well as 
other relevant factors. The SHPO has thirty days from its receipt of 
such written notice to inform the applicant whether it disagrees with 
the applicant's determination that the structure is not a contributing 
or compatible element within the historic district. If within the 
thirty-day period, the SHPO informs the applicant that the structure is 
a contributing element or compatible element within the historic 
district or that the applicant has not provided sufficient information 
for a determination, the applicant may not deploy its facilities on 
that structure without completing the Section 106 review process. If, 
within the thirty-day period, the SHPO either informs the applicant 
that the structure is not a contributing or compatible element within 
the historic district, or the SHPO fails to respond to the applicant 
within the thirty-day period, the applicant has no further Section 106 
review obligations, provided that the collocation meets the certain 
volumetric and ground disturbance provisions. The First Amendment to 
the Collocation Agreement establishes new exclusions from the section 
106 review process for physically small deployments like DAS and small 
cells, fulfilling a directive in the Commission's Infrastructure Report 
and Order, 80 FR 1238, Jan. 8, 2015, to further streamline review of 
these installations. These new exclusions will reduce the cost, time, 
and burden associated with deploying small facilities in many settings, 
and provide opportunities to increase densification at low cost and 
with very little impact on historic properties. Facilitating these 
deployments thus directly advances efforts to roll out 5G service in 
communities across the country.

Federal Communications Commission.
Amy Brett,
Associate Chief, Competition and Infrastructure Policy Division, 
Wireless Telecommunications Bureau.
[FR Doc. 2017-18565 Filed 8-31-17; 8:45 am]
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