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size is ordinarily excluded from the Commission's required historic preservation review under Section <br /> 106 of the National Historic Preservation Act(NHPA).5 The Commission later adopted the same <br /> definition in the 2009 Declaratory Ruling to determine whether an application will be treated as a <br /> collocation when applying Section 332(c)(7)of the Communications Act of 1934.6 The Commission has <br /> also applied a similar definition to determine whether a modification of an existing registered tower <br /> requires public notice for purposes of environmental review.' <br /> Under Section I.0 of the Nationwide Collocation Agreement,a"substantial increase in the size of the <br /> tower"occurs if: <br /> 1)[t]he mounting of the proposed antenna on the tower would increase the existing height of <br /> the tower by more than 10%,or by the height of one additional antenna array with separation <br /> from the nearest existing antenna not to exceed twenty feet,whichever is greater,except that <br /> the mounting of the proposed antenna may exceed the size limits set forth in this paragraph <br /> if necessary to avoid interference with existing antennas;or <br /> 2) [t]he mounting of the proposed antenna would involve the installation of more than the <br /> standard number of new equipment cabinets for the technology involved,not to exceed four, <br /> or more than one new equipment shelter;or <br /> 3) [t]he mounting of the proposed antenna would involve adding an appurtenance to the <br /> body of the tower that would protrude from the edge of the tower more than twenty feet, or <br /> more than the width of the tower structure at the level of the appurtenance, whichever is <br /> greater, except that the mounting of the proposed antenna may exceed the size limits set <br /> forth in this paragraph if necessary to shelter the antenna from inclement weather or to <br /> connect the antenna to the tower via cable;or <br /> 4) [t]he mounting of the proposed antenna would involve excavation outside the current <br /> tower site,defined as the current boundaries of the leased or owned property surrounding the <br /> tower and any access or utility easements currently related to the site. <br /> Although Congress did not adopt the Commission's terminology of"substantial increase in size"in <br /> Section 6409(a),we believe that the policy reasons for excluding from Section 6409(a)collocations that <br /> substantially change the physical dimensions of a structure are closely analogous to those that animated <br /> the Commission in the Nationwide Collocation Agreement and subsequent proceedings. In light of the <br /> Commission's prior findings,the Bureau believes it is appropriate to look to the existing definition of <br /> "substantial increase in size"to determine whether the collocation,removal,or replacement of equipment <br /> 5 See 16 U.S.C.§470f,see also 47 C.F.R.§ 1.1307(a)(4) (requiring applicants to determine whether proposed <br /> facilities may affect properties that are listed,or are eligible for listing,in the National Register of Historic Places). <br /> 6 See Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B)to Ensure Timely Siting Review <br /> and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as <br /> Requiring a Variance,WT Docket No.08-165,Declaratory Ruling,24 FCC Rcd. 13994, 14012,para.46&n.146 <br /> (2009)(2009 Declaratory Ruling),recon.denied, 25 FCC Rcd. 11157(2010),pet.for review denied sub nom. City <br /> of Arlington, Texas v.FCC,668 F.3d 229(5`h Cir.),cert.granted, 113 S.Ct.524(2012);47 U.S.C.§332(c)(7). <br /> ' See 47 C.F.R.§ 17.4(c)(1)(B);National Environmental Policy Act Compliance for Proposed Tower Registrations, <br /> WT Docket No.08-61,Order on Remand,26 FCC Rcd. 16700, 16720-21,para.53(2011). <br /> 2 <br /> 2 <br />