Form FCC Form 620 FCC Form 620 New Tower (NT) Submission Packet

Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act - Review Process, WT Docket No. 03-128

1039_FCC620_091007

Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act - Review Process, WT Docket No. 03-128

OMB: 3060-1039

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NT SUBMISSION PACKET – FCC FORM 620

Approved by OMB

3060-1039

Estimate Time Per Response:

.5 to 10 hours

Federal Communications Commission

Washington, DC 20554



New Tower (“NT”) Submission Packet


FCC FORM 620



Introduction


The NT Submission Packet is to be completed by or on behalf of Applicants to construct new antenna support structures by or for the use of licensees of the Federal Communications Commission (“FCC”). The Packet (including Form 620 and attachments) is to be submitted to the State Historic Preservation Office (“SHPO”) or to the Tribal Historic Preservation Office (“THPO”), as appropriate, before any construction or other installation activities on the site begin. Failure to provide the Submission Packet and complete the review process under Section 106 of the National Historic Preservation Act (“NHPA”)1 prior to beginning construction may violate Section 110(k) of the NHPA and the Commission’s rules.


The instructions below should be read in conjunction with, and not as a substitute for, the “Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,” dated ______, 2004, (“Nationwide Agreement”) and the relevant rules of the FCC (47 C.F.R. §§ 1.1301-1.1319) and the Advisory Council on Historic Preservation (“ACHP”) (36 C.F.R. Part 800).2



Exclusions and Scope of Use


The NT Submission Packet should not be submitted for undertakings that are excluded from Section 106 Review. The categories of new tower construction that are excluded from historic preservation review under Section 106 of the NHPA are described in Section III of the Nationwide Agreement.


Where an undertaking is to be completed but no submission will be made to a SHPO or THPO due to the applicability of one or more exclusions, the Applicant should retain in its files documentation of the basis for each exclusion should a question arise as to the Applicant’s compliance with Section 106.


The NT Submission Packet is to be used only for the construction of new antenna support structures. Antenna collocations that are subject to Section 106 review should be submitted using the Collocation (“CO”) Submission Packet (FCC Form 621).



General Instructions: NT Submission Packet


Fill out the answers to Questions 1-5 on Form 620 and provide the requested attachments. Attachments should be numbered and provided in the order described below.


For ease of processing, provide the Applicant’s Name, Applicant’s Project Name, and Applicant’s Project Number in the lower right hand corner of each page of Form 620 and attachments.3


  1. Applicant Information


Full Legal Name of Applicant: _____________________________________________


FCC Registration Number (FRN) ___________________________________________


Name and Title of Contact Person: _________________________________________


Address of Contact Person (including Zip Code): _____________________________________________________________________


Phone: ___________________________ Fax: ______________________________


E-mail address: ________________________________________________________



2. Applicant's Consultant Information


Full Legal Name of Applicant's Section 106 Consulting Firm:


______________________________________________________________________


Name of Principal Investigator: _____________________________________________


Title of Principal Investigator: ______________________________________________


Investigator’s Address: ___________________________________________________


City: ____________________________ State ___________ Zip Code ____________


Phone: _________________________ Fax: __________________________________


E-mail Address: ________________________________________________________


Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards?4 YES / NO.


Areas in which the Principal Investigator meets the Secretary of the Interior’s Professional Qualification Standards: ____________________________________


Other “Secretary of the Interior qualified” staff who worked on the Submission Packet (provide name(s) as well as well as the area(s) in which they are qualified): _____________________________________________________________________


_____________________________________________________________________








3. Site Information


  1. Street Address of Site: ________________________________________________


City or Township: _____________________________________________________


County / Parish: ______________________ State: ____ Zip Code: ____________


  1. Nearest Cross Roads: ______________________ / _________________________


  1. NAD 83 Latitude/Longitude coordinates (to tenth of a second):


N ___° ___’ ___._”; W ___° ___’ ___._”


  1. Proposed tower height above ground level:5 ___________ feet; __________ meters


  1. Tower type:


guyed lattice tower self-supporting lattice monopole


other (briefly describe tower) _________________________________________



4. Project Status:6


    1. [ ] Construction not yet commenced;

    2. [ ] Construction commenced on [date] _____________; or,

    3. [ ] Construction commenced on [date] _________ and was

completed on [date] __________.









5. Applicant’s Determination of Effect:


a. Direct Effects (check one):


      1. [ ] No Historic Properties in Area of Potential Effects (“APE”) for direct effects;

      2. [ ] “No effect” on Historic Properties in APE for direct effects;

      3. [ ] “No adverse effect” on Historic Properties in APE for direct effects;

      4. [ ] “Adverse effect” on one or more Historic Properties in APE for direct effects.


b. Visual Effects (check one):


  1. [ ] No Historic Properties in Area of Potential Effects (“APE”) for visual effects;

  2. [ ] “No effect” on Historic Properties in APE for visual effects;

  3. [ ] “No adverse effect” on Historic Properties in APE for visual effects;

  4. [ ] “Adverse effect” on one or more Historic Properties in APE for visual effects.





Certification and Signature


I certify that all representations on this FCC Form 620 and the accompanying attachments are true, correct, and complete.


___________________________ _________________

Signature Date



___________________________ _________________

Printed Name Title



WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1) AND/ OR FORFEITURE (U.S. Code, Title 47, Section 503).


Attachments


Provide the following attachments in this order and numbered as follows:



Attachment 1. Résumés / Vitae.


Provide a current copy of the résumé or curriculum vitae for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in the Submission Packet for this proposed facility.


Attachment 2. Additional Site Information


Describe any additional structures, access roads, utility lines, fences, easements, or other construction planned for the site in conjunction with the proposed facility.


Attachment 3. Tribal and NHO Involvement


At an early stage in the planning process, the Nationwide Agreement requires the Applicant to gather information from appropriate Indian Tribes or Native Hawaiian Organizations (“NHOs”) to assist in the identification of historic properties of religious and cultural significance to them. Describe measures taken to identify Indian tribes and NHOs that may attach religious and cultural significance to historic properties that may be affected by the undertaking within the Areas of Potential Effects (“APE”) for direct and visual effects. If such Indian tribes or NHOs were identified, list them and provide a summary of contacts by the FCC, the Applicant, or the Applicant’s representative. Provide copies of relevant documents, including correspondence. If no such Indian tribes or NHOs were identified, please explain.


Attachment 4. Local Government


a. Has any local government agency been contacted and invited to become a consulting party pursuant to Section V.A. of the Nationwide Agreement? If so, list the local government agencies contacted.   Provide a summary of contacts and copies of any relevant documents (e.g., correspondence or notices).


b. If a local government agency will be contacted but has not been to date, explain why and when such contact will take place.




Attachment 5. Public Involvement


Describe measures taken to obtain public involvement in this project (e.g., notices, letters, or public meetings). Provide copies of relevant documentation.


Attachment 6. Additional Consulting Parties


List additional consulting parties that were invited to participate by the Applicant, or independently requested to participate. Provide any relevant correspondence or other documents.


Attachment 7. Areas of Potential Effects


a. Describe the APE for direct effects and explain how this APE was determined.


b. Describe the APE for visual effects and explain how this APE was determined.


Attachment 8. Historic Properties Identified in the APE for Visual Effects


a. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for visual effects that is listed in the National Register, has been formally determined eligible for listing by the Keeper of the National Register, or is identified as considered eligible for listing in the records of the SHPO/THPO, pursuant to Section VI.D.1.a. of the Nationwide Agreement.7


b. Provide the name and address (including U.S. Postal Service ZIP Code) of each Historic Property in the APE for visual effects, not listed in Attachment 8a, identified through the comments of Indian Tribes, NHOs, local governments, or members of the public. Identify each individual or group whose comments led to the inclusion of a Historic Property in this attachment. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63).


c. For any properties listed on Attachment 8a that the Applicant considers no longer eligible for inclusion in the National Register, explain the basis for this recommendation.


Attachment 9. Historic Properties Identified in the APE for Direct Effects


a. List all properties identified in Attachment 8a or 8b that are within the APE for direct effects.


b. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for direct effects, not listed in Attachment 9a, that the Applicant considers to be eligible for listing in the National Register as a result of the Applicant’s research. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). For each property that was specifically considered and determined not to be eligible, describe why it does not satisfy the criteria of eligibility.


c. Describe the techniques and the methodology, including any field survey, used to identify historic properties within the APE for direct effects.8 If no archeological field survey was performed, provide a report substantiating that: i) the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet; or, ii) geomorphological evidence indicates that cultural resource-bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth.9



Attachment 10. Effects on Identified Properties


For each property identified as a Historic Property in Attachments 8 and 9:


a. Indicate whether the Applicant believes the proposed undertaking would have a) no effect; b) no adverse effect; or, c) an adverse effect. Explain how each such assessment was made. Provide supporting documentation where necessary.

b. Provide copies of any correspondence and summaries of any oral communications with the SHPO/THPO.


c. Describe any alternatives that have been considered that might avoid, minimize, or mitigate any adverse effects. Explain the Applicant’s conclusion regarding the feasibility of each alternative.


Attachment 11. Photographs


Except in cases where no Historic Properties were identified within the Areas of Potential Effects, submit photographs as described below. Photographs should be in color, marked so as to identify the project, keyed to the relevant map (see Item 12 below) or text, and dated; the focal length of the lens should be noted. The source of any photograph included but not taken by the Applicant or its consultant (including copies of historic images) should be identified on the photograph.


  1. Photographs taken from the tower site showing views from the proposed location in all directions. The direction (e.g., north, south, etc.) should be indicated on each photograph, and, as a group, the photographs should present a complete (360 degree) view of the area around the proposed tower.


  1. Photographs of all listed and eligible properties within the Areas of Potential Effects.


  1. If any listed or eligible properties are visible from the proposed tower site, photographs looking at the tower site from each historic property. The approximate distance in feet (meters) between the site and the historic property should be included.


  1. Aerial photos of the APE for visual effects, if available.



Attachment 12. Maps


Include one or more 7.5-minute quad USGS topographical maps that:


  1. Identify the Areas of Potential Effects for both direct and visual effects. If a map is copied from the original, include a key with name of quad and date.


  1. Show the location of the proposed tower site and any new access roads or other easements including excavations.


  1. Show the locations of each property listed in Attachments 8 and 9.


  1. Include keys for any symbols, colors, or other identifiers.


Attribution and Bibliographic Standards. All reports included in the Submission Packet should be footnoted and contain a bibliography of the sources consulted.


  1. Footnotes may be in a form generally accepted in the preparer’s profession so long as they identify the author, title, publisher, date of publication, and pages referenced for published materials. For archival materials/documents/letters, the citation should include author, date, title or description and the name of the archive or other agency holding the document.


  1. A bibliography should be appended to each report listing the sources of information consulted in the preparation of the report. The bibliography may be in a form generally accepted in the preparer’s profession.






FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT


The FCC is authorized under the Communications Act of 1934, as amended, to collect the personal information we request in this form. We will use the information provided in the application to determine whether approving this application is in the public interest. If we believe there may be a violation or potential violation of a FCC statute, regulation, rule or order, your application may be referred to the Federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your application may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; (b) any employee of the FCC; or (c) the United States Government is a party to a proceeding before the body or has an interest in the proceeding. In addition, all information provided in this form will be available for public inspection.


If you owe a past due debt to the federal government, any information you provide may also be disclosed to the Department of Treasury Financial Management Service, other federal agencies and/or your employer to offset your salary, IRS tax refund or other payments to collect that debt. The FCC may also provide this information to these agencies through the matching of computer records when authorized.


If you do not provide the information requested on this form, the application may be returned without action having been taken upon it or its processing may be delayed while a request is made to provide the missing information. Your response is required to obtain the requested authorization.


We have estimated that each response to this collection of information will take an average of .50 to 10 hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. If you have any comments on this estimate, or on how we can improve the collection and reduce the burden it causes you, please write the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-1039), Washington, DC 20554. We will also accept your comments via the Internet if your send them to [email protected]. Please DO NOT SEND COMPLETED APPLICATIONS TO THIS ADDRESS. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number of if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-1039.


All parties and entities doing business with the Commission must obtain a unique identifying number called the FCC Registration Number (FRN) and supply it when doing business with the Commission. Failure to provide the FRN may delay the processing of the application. This requirement is to facilitate compliance with the Debt Collection Improvement Act of 1996 (DCIA). The FRN can be obtained electronically through the FCC webpage at http://www.fcc.gov or by manually submitting FCC Form 160. FCC Form 160 is available from the FCC’s web site at http://www.fcc.gov/formpage.html, by calling the FCC’s Forms Distribution Center 1-800-418-FORM (3676), or from Federal Communications Commission Fax Information System by dialing (202) 418-0177.


This notice is required by the Privacy Act of 1974, Public Law 93-579, December 31, 1974, 5 U.S.C. Section 552a (e) (3) and the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, 44 U.S.C. 3507.

1 16 U.S.C. § 470f.

2 Section II.A.9. of the Nationwide Agreement defines a “historic property” as: “Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian Organization that meet the National Register criteria.”


3 Some attachments may contain photos or maps on which this information can not be provided.

4 The Professional Qualification Standards are available on the cultural resources webpage of the National Park Service, Department of the Interior: <http://www.cr.nps.gov/local-law/arch_stnds_9.htm>. The Nationwide Agreement requires use of Secretary-qualified professionals for identification and evaluation of historic properties within the APE for direct effects, and for assessment of effects. The Nationwide Agreement encourages, but does not require, use of Secretary-qualified professionals to identify historic properties within the APE for indirect effects. See Nationwide Agreement, §§ VI.D.1.d, VI.D.1.e, VI.D.2.b, VI.E.5.

5 Include top-mounted attachments such as lightning rods.

6 Failure to provide the Submission Packet and complete the review process under Section 106 of the NHPA prior to beginning construction may violate Section 110(k) of the NHPA and the Commission’s rules. See Section X of the Nationwide Agreement.

7 Section VI.D.1.a. of the Nationwide Agreement requires the Applicant to review publicly available records to identify within the APE for visual effects: i) properties listed in the National Register; ii) properties formally determined eligible for listing by the Keeper of the National Register; iii) properties that the SHPO/THPO certifies are in the process of being nominated to the National Register; iv) properties previously determined eligible as part of a consensus determination of eligibility between the SHPO/THPO and a Federal Agency or local government representing the Department of Housing and Urban Development (HUD); and, v) properties listed in the SHPO/THPO Inventory that the SHPO/THPO has previously evaluated and found to meet the National Register criteria, and that are identified accordingly in the SHPO/THPO Inventory.


8 Pursuant to Section VI.D.2.a. of the Nationwide Agreement, Applicants shall make a reasonable and good faith effort to identify above ground and archeological historic properties, including buildings, structures, and historic districts, that lie within the APE for direct effects. Such reasonable and good faith efforts may include a field survey where appropriate.

9 Under Section VI.D.2.d. of the Nationwide Agreement, an archeological field survey is required even if one of these conditions applies, if an Indian tribe or NHO provides evidence that supports a high probability of the presence of intact archeological Historic Properties within the APE for direct effects.


Applicant’s Name:_________________________

Project Name:_________________________

Project Number:_________________________


FCC Form 620

(Edition Date)


File Typeapplication/msword
File TitleSECTION 106 DOCUMENTATION CHECKLISTS
File Modified2007-09-10
File Created2007-09-10

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