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Sincethe Commission has had rules in place that require licensees to evaluate whether proposed facilities would affect historic properties. However, those rules were not specifically tied to Section of the National Historic Preservation Act, which governs the historic preservation review process, until As a result of this ambiguity, Twilight Towers either lack documentation demonstrating successful completion of Section review upon construction or have not undergone Section review at all.
Tower collocations are exempt from an individual historic review process only if the underlying tower itself underwent Section review.
Thus, Twilight Towers have been unable to take advantage of this historic review exemption for collocations. While industry had urged the FCC to exempt Twilight Towers from any historic preservation review, other commenters, such as the Tribal Nations and State Historic Preservation Officers, argued that collocations may increase the adverse effects of towers and urged the FCC to implement some sort of review process.
While the FCC was unwilling to provide a blanket exemption to historic preservation review, it did meet industry halfway by making clear it would not take enforcement action relating to the good faith construction and deployment of Twilight Towers, and by providing an alternative path to Section exemption.
The Public Notice provided a draft of this alternative path in the form of a Program Comment.
Under the Program Comment, collocation on Twilight Towers will be permitted without historic preservation review unless any of the following is true: The proposed antenna increases the existing height of the tower by more than 10 percent or the height of another antenna array within 20 feet, whichever is greater.
The proposed antenna involves the installation more than four new equipment cabinets or more than one new equipment shelter. The proposed antenna will involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
Mounting the proposed antenna will involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
The tower has been determined by the FCC to have an adverse effect on one or more historic properties.
The collocation licensee or the owner of the tower has received notice that the FCC is in receipt of a complaint that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.Today’s post is brought to you by Resident Writing as a resource for finding the perfect word and make Check feature in *ProWriting Aid.
Do all acts and things necessary or convenient to carry out the powers granted in this section in a Collocations on towers, including nonconforming towers, that meet the requirements in sub-sub-subparagraphs (I), (II), and (III), are subject to only building permit review, which may include a review for compliance with this subparagraph initiativeblog.com?App_mode=Display_Statute&.
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