The FCC released a Public Notice on August 8 announcing an Amendment to the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas. The NPA Amendment was entered into by the FCC, the Advisory Council on Historic Preservation (ACHP) and the National Conference of State Historic Preservation Officers (NCSHPO). The original NPA was entered into in 2001 to address the collocation of wireless antennas and the obligations of the FCC and infrastructure installers under Section 106 of the National Historic Preservation Act (NHPA). At that time, the issues related primarily to collocation on traditional “macro” towers.
The Amendment establishes a series of new exclusions from the FCC’s National Historic Preservation Act review process for Distributed Antenna Systems (DAS) and small cell facilities, recognizing the limited potential of these facilities to affect adversely historic sites and properties. The Pubic Notice details a series of new Stipulations to the NPA that will exclude these facilities from routine review if specific conditions are met for the wireless equipment. For example, the Amendment excludes collocation of small wireless antennas and associated equipment (i) on buildings and non-tower structures that are outside of historic districts or that are not historic properties, (ii) small or minimally visible wireless antennas and associated equipment in historic districts or on historic properties, and (iii) installed as replacements of small wireless antennas and associated equipment. The Amendment spells out “volume limits” that the equipment must meet to qualify for these exclusions.
This is the latest Commission action to facilitate deployment of much-needed additional wireless infrastructure to support the burgeoning demand for wireless broadband throughout the U.S. It follows Federal legislation in 2012 and significant actions by the FCC to implement that legislation. In its major rulemaking on the subject adopted last year, the FCC noted the need for additional relief from NHPA reviews for small cell wireless infrastructure but expressed a preference for implementing these changes through the program alternative process.
In the Public Notice, the FCC noted the importance of small wireless infrastructure in enabling “5G” wireless service. 5G is still in its definitional stage, but it is characterized by much greater throughput and ubiquitous availability of service, which will require substantially more wireless infrastructure.
Kudos to all parties involved in easing the unnecessary regulation impeding new deployments of wireless infrastructure.