The FCC & Section 106 Review
Section 106 of the National Historic Preservation Act of 1966 requires the Federal Communications Commission (FCC) to consider the effects of certain of theirproposed undertakings on historic properties. These undertakings typically include projects, activities, or programs that require a permit, a license, or approval from the FCC. The regulations that implement Section 106 (36 CFR Part 800) require the FCC to consult with the State Historic Preservation Officer (SHPO). Initiating consultation with the SHPO is outlined further down on this page.
Nationwide Programmatic Agreements
Section 106 consultation for FCC undertakings takes place under one of two nationwide programmatic agreements that have been negotiated and executed according to a process set out in the 36 CFR Part 800 regulation:
2001 Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (Collocation PA) provides for the exemption of specific types of antennae collocations from Section 106 review.
2004 Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (Nationwide PA) is a more broadly applicable agreement that streamlines the Section 106 review of FCC actions that are not exempt under the Collocation PA.
The FCC delegates to its applicants its authority to initiate, coordinate, and assist the FCC with many aspects of the Section 106 review process. The applicants may, in turn, use the services of a consultant to perform the more routine tasks in the consultation process such as scoping information needs and gathering requisite information. While the Nationwide PA permits the FCC to delegate its authority in this manner, the FCC retains ultimate legal responsibility for the veracity of the determinations and findings that its applicants make while complying with the Section 106 process set forth in the Nationwide PA.
To initiate a Section 106 consultation, the applicant's consultants prepare and transmit a submission packet to the SHPO. As part of the Nationwide PA, applicants are required to use FCC Form 620 NT or FCC Form 621 CT. Currently, we are not accepting FCC E-106 forms.
All 620 and 621 forms must be accompanied by the OHP FCC Submission Cover Sheet. Project submissions that do not include this cover sheet will not be reviewed. If you have any questions regarding the cover sheet, please e-mail email@example.com.
Note: Complying with Section 106 of the NHPA is a statutory obligation that is separate and distinct from complying with the National Environmental Policy Act (NEPA).