82 FR 41529 - First Amendment to Collocation Agreement

FEDERAL COMMUNICATIONS COMMISSION

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

Page Range		41529-41530
FR Document		2017-18565

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 Issue 169 (Friday, September 1, 2017)

[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.

-----------------------------------------------------------------------

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]
BILLING CODE 6712-01-P

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41529

40 CFR Part 81 Subpart P—Indiana PART 81—DESIGNATION OF AREAS
Environmental protection, Air FOR AIR QUALITY PLANNING
pollution control, National parks, ■ 2. Section 52.776 is amended by PURPOSES
Wilderness areas. revising paragraph (w)(3) to read as
follows: ■ 3. The authority citation for part 81
Dated: August 21, 2017.
Robert A. Kaplan, § 52.776 Control strategy: Particulate continues to read as follows:
Acting Regional Administrator, Region 5. matter. Authority: 42 U.S.C. 7401 et seq.
40 CFR part 52 and 81 are amended * * * * *
(w) * * * ■ 4. Section 81.315 is amended by
as follows:
(3) Indiana’s 2005 NOX, directly revising the entry for Cincinnati-
PART 52—APPROVAL AND emitted PM2.5, and SO2 emissions Hamilton, IN in the table entitled
PROMULGATION OF inventory; and 2007 VOCs and ammonia ‘‘Indiana—1997 Annual PM2.5 NAAQS’’
IMPLEMENTATION PLANS emissions inventory, satisfy the to read as follows:
emissions inventory requirements of
■ 1. The authority citation for part 52 section 172(c)(3) for the Cincinnati- § 81.315 Indiana.
continues to read as follows: Hamilton area. * * * * *
Authority: 42 U.S.C. 7401 et seq. * * * * *

INDIANA—1997 ANNUAL PM2.5 NAAQS
[Primary and Secondary]

Designation a Classification
Designated area
Date 1 Type Date 2 Type

* * * * * * *
Cincinnati-Hamilton, IN:
Dearborn County (part): Lawrenceburg Township ........... September 1, 2017 ................ Attainment ..... ........................ ........................

* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.

* * * * * August 29, 2016, announcing the First these information collection
[FR Doc. 2017–18498 Filed 8–31–17; 8:45 am] Amendment to the Collocation requirements.
BILLING CODE 6560–50–P Agreement amending the Nationwide
Synopsis
Programmatic Agreement for the
Collocation of Wireless Antennas As required by the Paperwork
FEDERAL COMMUNICATIONS (Collocation Agreement), which stated Reduction Act of 1995 (44 U.S.C. 3507),
COMMISSION that the Commission would publish a the Commission is notifying the public
document in the Federal Register that it received OMB approval on July
47 CFR Part 1 announcing OMB approval and the 14, 2017, for the new information
effective date of the new information collection requirements contained in the
[WT Docket No. 15–180; DA 16–900]
collection requirements. Commission’s rules at 47 CFR part 1,
First Amendment to Collocation Appendix B, Stipulation VII.C. Under 5
DATES: 47 CFR part 1, Appendix B,
Agreement CFR part 1320, an agency may not
Stipulation VII.C, published at 81 FR
conduct or sponsor a collection of
AGENCY: Federal Communications 59146, August 29, 2016, is effective on
information unless it displays a current,
Commission. September 1, 2017.
valid OMB Control Number. No person
ACTION: Final rule; announcement of FOR FURTHER INFORMATION CONTACT: For shall be subject to any penalty for failing
effective date. additional information, contact Cathy to comply with a collection of
Williams by email at Cathy.Williams@ information subject to the Paperwork
SUMMARY: In this document, the fcc.gov and telephone at (202) 418– Reduction Act that does not display a
Wireless Telecommunications Bureau 2918. current, valid OMB Control Number.
(WTB or Bureau) of the Federal The OMB Control Number is 3060–
Communications Commission (FCC or SUPPLEMENTARY INFORMATION: This 1238. The foregoing notice is required
Commission) announces that the Office document announces that, on July 14, by the Paperwork Reduction Act of
of Management and Budget (OMB) has 2017, OMB approved certain 1995, Public Law 104–13, October 1,
approved, for a period of three years, information collection requirements 1995, and 44 U.S.C. 3507.
sradovich on DSK3GMQ082PROD with RULES

certain information collection contained in the Commission’s First The total annual reporting burdens
requirements associated with Amendment to the Collocation and costs for the respondents are as
Stipulation VII.C of the amendment to Agreement, DA 16–900, published at 81 follows:
Appendix B in part 1 of the FR 59146, August 29, 2016. The OMB
Commission’s rules. This notice is Control Number is 3060–1238. The OMB Control Number: 3060–1238.
consistent with the final rule notice Commission publishes this notice as an OMB Approval Date: July 14, 2017.
published in the Federal Register on announcement of the effective date of OMB Expiration Date: July 31, 2020.

VerDate Sep<11>2014 18:26 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1

41530 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations

Title: First Amendment to Nationwide executed the First Amendment to the review process. If, within the thirty-day
Programmatic Agreement for the Collocation Agreement, to tailor the period, the SHPO either informs the
Collocation of Wireless Antennas. Section 106 process for small wireless applicant that the structure is not a
Form Number: N/A. deployments by excluding deployments contributing or compatible element
Respondents: Business or other for- that have minimal potential for adverse within the historic district, or the SHPO
profit entities, not-for-profit institutions, effects on historic properties. fails to respond to the applicant within
and State, local, or Tribal governments. The following are the information the thirty-day period, the applicant has
Number of Respondents and collection requirements in connection no further Section 106 review
Responses: 71 respondents; 765 with the amended provisions of obligations, provided that the
responses. Appendix B of Part 1 of the collocation meets the certain volumetric
Estimated Time per Response: 1 Commission’s rules (47 CFR pt.1, App. and ground disturbance provisions. The
hour–5 hours. B): First Amendment to the Collocation
Frequency of Response: Third-party • Stipulation VII.C of the amended Agreement establishes new exclusions
disclosure reporting requirement. Collocation Agreement provides that from the section 106 review process for
Obligation to Respond: Required to proposals to mount a small antenna on physically small deployments like DAS
obtain or retain benefits. Statutory a traffic control structure (i.e., traffic and small cells, fulfilling a directive in
authority for this information collection light) or on a light pole, lamp post or the Commission’s Infrastructure Report
is contained in sections 1, 2, 4(i), 7, 301, other structure whose primary purpose and Order, 80 FR 1238, Jan. 8, 2015, to
303, 309, and 332 of the is to provide public lighting, where the further streamline review of these
Communications Act of 1934, as structure is located inside or within 250 installations. These new exclusions will
amended, 47 U.S.C. 151, 152, 154(i), feet of the boundary of a historic reduce the cost, time, and burden
157, 301, 303, 309, 332, and section 106 district, are generally subject to review associated with deploying small
of the National Historic Preservation Act through the section 106 process. These facilities in many settings, and provide
of 1966, 54 U.S.C. 306108. proposed collocations will be excluded opportunities to increase densification
Total Annual Burden: 2,869 hours. from such review on a case-by-case at low cost and with very little impact
Total Annual Cost: $82,285. basis, if (1) the collocation licensee or on historic properties. Facilitating these
Nature and Extent of Confidentiality: the owner of the structure has not deployments thus directly advances
No known confidentiality between third received written or electronic efforts to roll out 5G service in
parties. notification that the FCC is in receipt of communities across the country.
Privacy Act Impact Assessment: There a complaint from a member of the
are no impacts under the Privacy Act. Federal Communications Commission.
public, an Indian Tribe, a SHPO or the
Needs and Uses: The Commission Amy Brett,
Council, that the collocation has an
requested OMB approval for new adverse effect on one or more historic Associate Chief, Competition and
disclosure requirements pertaining to Infrastructure Policy Division, Wireless
properties; and (2) the structure is not Telecommunications Bureau.
the First Amendment to Nationwide historic (not a designated National
Programmatic Agreement for the [FR Doc. 2017–18565 Filed 8–31–17; 8:45 am]
Historic Landmark or a property listed
Collocation of Wireless Antennas (First in or eligible for listing in the National BILLING CODE 6712–01–P
Amendment) to address the review of Register of Historic Places) or
deployments of small wireless antennas considered a contributing or compatible
and associated equipment under section FEDERAL COMMUNICATIONS
element within the historic district,
106 of the National Historic COMMISSION
under certain procedures. These
Preservation Act (NHPA) (54 U.S.C. procedures require that applicant must 47 CFR Parts 1, 22, 24, 27, 30, 74, 80,
306108 (formerly codified at 16 U.S.C. request in writing that the SHPO concur 90, 95, and 101
470f). The FCC, the Advisory Council with the applicant’s determination that
on Historic Preservation (Council), and the structure is not a contributing or [WT Docket No. 10–112; FCC 17–105]
the National Conference of State compatible element within the historic
Historic Preservation Officers Uniform License Renewal,
district, and the applicant’s written
(NCSHPO) agreed to amend the Discontinuance of Operation, and
request must specify the traffic control
Nationwide Programmatic Agreement structure, light pole, or lamp post on Geographic Partitioning and Spectrum
for the Collocation of Wireless Antennas which the applicant proposes to Disaggregation Rules and Policies for
(Collocation Agreement) to account for collocate and explain why the structure Certain Wireless Radio Services
the limited potential of small wireless is not a contributing element based on AGENCY: Federal Communications
antennas and associated equipment, the age and type of structure, as well as Commission.
including Distributed Antenna Systems other relevant factors. The SHPO has ACTION: Final rule.
(DAS) and small cell facilities, to affect thirty days from its receipt of such
historic properties. The Collocation written notice to inform the applicant SUMMARY: In this document, the Federal
Agreement addresses historic whether it disagrees with the applicant’s Communications Commission adopts
preservation review for collocations on determination that the structure is not a rules to streamline and harmonize the
existing towers, buildings, and other contributing or compatible element Commission’s license renewal and
non-tower structures. Under the within the historic district. If within the service continuity rules for the Wireless
Collocation Agreement, most antenna thirty-day period, the SHPO informs the Radio Services (WRS). This unified
collocations on existing structures are applicant that the structure is a regulatory framework includes:
sradovich on DSK3GMQ082PROD with RULES

excluded from section 106 historic contributing element or compatible establishing a consistent standard for
preservation review, with a few element within the historic district or renewing wireless licenses; setting forth
exceptions defined to address that the applicant has not provided safe harbors providing expedited
potentially problematic situations. On sufficient information for a renewal for licensees that meet their
August 3, 2016, the Commission’s determination, the applicant may not initial term construction requirement
Wireless Telecommunications Bureau, deploy its facilities on that structure and generally remain operating at or
ACHP, and NCSHPO finalized and without completing the Section 106 above that level; adopting consistent

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Document Created: 2017-09-01 01:50:44
Document Modified: 2017-09-01 01:50:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; announcement of effective date.
Dates		47 CFR part 1, Appendix B, Stipulation VII.C, published at 81 FR 59146, August 29, 2016, is effective on September 1, 2017.
Contact		For additional information, contact Cathy Williams by email at [email protected] and telephone at (202) 418-2918.
FR Citation		82 FR 41529