97-15724. Placement of Commercial Antennas on Federal Property

[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Notices]
[Pages 32611-32615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15724]


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GENERAL SERVICES ADMINISTRATION

[GSA Bulletin FPMR D-242]


Placement of Commercial Antennas on Federal Property

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Notice of bulletin.

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SUMMARY: The attached bulletin provides all Federal agencies with the 
general guidelines and processes for implementation of 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, Public Law 104-104.

EFFECTIVE DATE: June 11, 1997.

FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real 
Property Policy, 202-1737.

SUPPLEMENTARY INFORMATION:

GSA Bulletin FPMR D-242; Public Buildings and Space

To: Heads of Federal agencies
Subject: Placement of commercial antennas on Federal property

    1. Purpose. This bulletin provides all Federal agencies with the 
general guidelines and processes for implementation of President 
Clinton's memorandum of August 10, 1995, entitled ``Facilitating Access 
to Federal Property for the Siting of Mobile Services Antennas'', and 
section 704(c) of the Telecommunications Act of 1996, Public Law 104-
104 (47 U.S.C. Sec. 332 note).
    2. Expiration. This bulletin expires June 30, 1999, unless sooner 
canceled or revised.
    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 approved 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's Office of Governmentwide Policy (OGP) held 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 are:
    (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 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

[[Page 32612]]

resulted in a better understanding of processes and procedures between 
the wireless telecommunications industry and the Federal agencies.
    h. The development of the following enhanced guidelines and 
procedures will further efforts for a more cooperative partnership 
between the Federal Government and the wireless telecommunications 
industry and continue to facilitate the implementation of the 
requirements of section 704(c) of the Telecommunications Act of 1996.
    4. Action. The following guidelines and procedures should be 
followed by all Executive departments and agencies. In addition, all 
independent regulatory commissions and agencies are also requested to 
comply with the following:
    a. Determining impact to controlled property. Each Executive 
department and agency which controls and operates real property, 
rights-of-way or easements to property under specific statutory 
authority is responsible individually for determining the extent and 
programmatic impact of placing commercially owned antennas on their 
properties.
    b. Review of internal agency rules. Each Executive department and 
agency should review their rules, policies and procedures for allowing 
commercial use of their properties and modify them as necessary to 
assure they fully support the siting of commercial telecommunications 
service antennas as provided in these procedures.
    c. Dissemination of antenna guidelines. Each Executive department 
and agency should ensure that the appropriate officials within their 
national, regional, and local offices who are responsible for the 
siting of commercial telecommunications service antennas 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 comply with the President'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 60 days after 
receipt of the request. This response should be sent after performing 
an initial evaluation of the request.
    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 the owner 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 contact points 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 services providers 
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 provide the name of the local site/facility manager to 
coordinate determination of site suitability as well as the term and 
instrument (e. g., lease, permit, license) required to complete the 
siting project.
    i. Assistance in determining property ownership. In instances where 
the identity of the department or agency which has the custody and 
control of the property is unknown, the GSA/OGP Office of Real Property 
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 these properties. This office may be reached at (202) 
501-0176, or by writing to the Office of Real Property (MP), Room 6233, 
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 
are not intended to apply to lands held by the United States in trust 
for individual or Native American tribal governments. In order to 
facilitate compliance with the Telecommunications Act of 1996, the 
following principles should be used in evaluating requests for antenna 
siting access:
    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, and 
consistent with national security concerns. Care should be exercised to 
avoid electromagnetic intermodulations and interferences. The 
evaluation of the siting request will 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 and implementing regulations;
    (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 
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 Federal Communications Commission's (FCC) 
guidelines for radiofrequency exposure (ET Docket No. 93-62 titled 
``Guidelines for Evaluating the Environmental Effects of Radiofrequency 
Radiation'', issued August 1, 1996, and any other order on 
reconsideration relating to radiofrequency guidelines and their 
enforcement). These are updated guidelines for meeting health concerns 
that 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

[[Page 32613]]

any requirements of the Federal agency managing the facility, FCC, 
Federal Aviation Administration, 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, D.C. 
metropolitan area.
    c. Granting siting requests. Requests for the use of property, 
rights-of-way, and easements by duly authorized telecommunications 
service providers 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 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 
responsibility of the telecommunications service provider.
    f. Costs for services. The telecommunications service provider is 
responsible for any reasonable costs to 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, titled ``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 the President's memorandum, 
Executive departments and agencies should charge fees based on market 
value. Fee determination can be based on appraisal, use of set rate 
schedules, or other reasonable means of value determination.
    h. Site requests. Executive departments and agencies will 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 otherwise expressly provided for, removal of 
such equipment and structures should be at the sole expense of the 
telecommunications service providers.
    l. Review process. In order to provide further guidance to those 
Federal agencies which 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. One-time reporting. In order for GSA to ascertain the 
effectiveness and efficiency of these enhanced implementing guidelines 
and the uniform review process, all Executive departments and agencies 
receiving antenna siting requests within 6 months of publication of 
this document should provide GSA with a one-time summary report to 
indicate the number of siting requests received, approved, completed 
and denied during that time period. For those requests which are not 
approved, a narrative statement or copy of the formal written denial is 
requested to support your decision. This summary information should be 
received no later than 30 days after the end of the 6-month reporting 
period.
    n. Reporting office. Reports should be sent to the GSA, OGP, Office 
of Real Property Policy (MP), 1800 F Street, NW, Room 6223, Washington, 
DC 20405.
    o. Information. Further information regarding this bulletin may be 
obtained by contacting, Mr. Stanley C. Langfeld, Director, Real 
Property Policy on [phone].

    Dated: June 11, 1997.
G. Martin Wagner,
Associate Administrator for Governmentwide Policy.

Attachment A--Agency Contact Points for the Placement of Antennas on 
Federal Buildings

Bonneville Power Administration, Office of General Counsel, 905 
Northeast 11th Avenue, Portland, OR 97232, [phone]
Federal Communications Commission, Operations Management and Service 
Division (1110B), 1919 M St., NW, Room 404, Washington, DC 50554, (202) 
418-1950
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, Facilities Engineering 
Division, NASA Headquarters, Code JX, 300 E Street, SW, Washington, DC 
20546-0001, [phone]
National Archives & Records Administration (NAFM), 8601 Adelphi Road, 
Room 2320, College Park, MD 20740-6001, [phone]
National Science Foundation, Property Administrator, 4201 Wilson Blvd., 
Room 295, Arlington, VA 22230, [phone]
Tennessee Valley Authority, Facilities Services--Asset Management, 1101 
Market Street, Mail Stop: (WR4A-C), Chattanooga, TN 37402-2801, (423) 
751-2127
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, [phone]
U.S. Department of Agriculture, Property Management Division, AG Box 
9840, Washington, DC 20250, [phone]
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. Deputy Assistant Secretary of Defense

[[Page 32614]]

(Installations), Attention: Director, Installations Management, 3300 
Defense Pentagon, Washington, DC 20301-3340, [phone]
U.S. Department of Education, Office of the Director for Management, 
600 Independence Ave., SW, Room 2164, Washington, DC 20202, (202) 401-
0470
U.S. Department of Energy, Engineering & Space Management Branch, 1000 
Independence Ave., SW, Mail Stop: HR211, Room 1F-039, Washington, DC 
20585, [phone]
U.S. Department of Health & Human Services, Division of Policy 
Coordination, 300 Independence Ave., SW, Room 421, Washington, DC 
20201, [phone]
U.S. Department of Interior, Bureau of Land Management, 1849 C Street, 
NW, Room 1000-LS, Washington, DC 20240-9998, [phone]
U.S. Department of Interior, National Park Service, Radio Frequency 
Manager, Field Operations, 12795 W. Alameda Parkway, P.O. Box 25287, 
Denver, CO 80225-0287, [phone]
U.S. Department of Justice, Real Property Management Services, Suite 
1060, National Place Building, Washington, DC 20530, [phone]
U.S. Department of Labor, Office of Facility Management, 200 
Constitution Ave., NW, Room S 1521/OFM, Washington, DC 20210, (202) 
219-6434
U.S. Department of State, Office of Real Property, 2201 C Street, NW, 
Room 1878, Washington, DC 20520, [phone]
U.S. Department of Transportation, Office of the Secretary, 400 7th 
Street, SW, Mail Stop: M72, Room 2318, Washington, DC 20590, (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, [phone]
U.S. Department of Veterans Affairs, Land Management Service, 811 
Vermont Ave., NW, Mail Stop: 184A, Washington, DC 20005, [phone]
U.S. Environmental Protection Agency, Architecture, Engineering and 
Real Estate Branch, Facilities Management and Services Division, 401 M 
Street, SW, Room 3204, Washington, DC 20460, 202) 260-2160
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, [phone]
U.S. Government Printing Office, Office of Administrative Support, 710 
North Capitol St., NW, Mail Stop: OA, Washington, DC 20401-0501, (202) 
512-1074
U.S. Information Agency, Office of Administration--B/A, Cohen Building, 
330 Independence Ave., SW, Washington, DC 20547, [phone]
U.S. Postal Service, Realty Asset Management, 475 L'Enfant Plaza West, 
SW, Washington, DC 20260-6433, [phone]

Attachment B--Uniform Review Process

    The following information may be used as a guide by Federal 
agencies upon receipt of an antenna siting request. This uniform review 
process is intended to assist those Federal agencies who are unfamiliar 
with the review and evaluation of antenna siting proposals. This 
guidance has been developed based on input from several Federal 
agencies who have had extensive experience in working with the wireless 
communications industry and antenna siting requests for both rooftop 
and open land installations.
    a. Siting request review. Federal agencies should review the siting 
request and ensure that sufficient basic evaluation information is 
provided. This basic 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 (if a licensed facility), 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 60 days after receipt either granting or 
denying the siting request.
    (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 60 days after receipt of the request. This 
response should inform the applicant of the need for any additional 
information, unique conditions or restrictions of the property, or 
other circumstances which may affect the timing or ultimate 
determination for site approval. In addition, the National Capital 
Planning Commission should be consulted for siting requests within the 
Washington, D.C. 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 hearings as part of the National Environmental 
Policy Act, or any other potential reviews.
    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 which need to 
be resolved. This response should provide the applicant with an 
estimated time frame for completing the

[[Page 32615]]

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. 97-15724 Filed 6-13-97; 8:45 am]
BILLING CODE 6820-34-P