Placement of Commercial Antennas on Federal Property

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

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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 (202) 501-1737.

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, (503) 230-5904

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, (202) 358-1090

National Archives & Records Administration (NAFM), 8601 Adelphi Road,

Room 2320, College Park, MD 20740-6001, (301)713-6470

National Science Foundation, Property Administrator, 4201 Wilson Blvd.,

Room 295, Arlington, VA 22230, (703) 306-1123

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, (202) 761-0511

U.S. Department of Agriculture, Property Management Division, AG Box

9840, Washington, DC 20250, (202) 720-5225

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

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(Installations), Attention: Director, Installations Management, 3300

Defense Pentagon, Washington, DC 20301-3340, (703) 604-4616

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, (202) 586-1557

U.S. Department of Health & Human Services, Division of Policy

Coordination, 300 Independence Ave., SW, Room 421, Washington, DC

20201, (202) 619-2018

U.S. Department of Interior, Bureau of Land Management, 1849 C Street,

NW, Room 1000-LS, Washington, DC 20240-9998, (202) 452-7777

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, (303) 969-2084

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 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, (202) 647-2810

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, (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

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, (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

U.S. Information Agency, Office of Administration--B/A, Cohen Building,

330 Independence Ave., SW, Washington, DC 20547, (202) 619-3988

U.S. Postal Service, Realty Asset Management, 475 L'Enfant Plaza West,

SW, Washington, DC 20260-6433, (202) 268-5765

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

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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