The FCC issued a Final Order 2 July 2004 clearing the way for construction
of the proposed tower on Lambs Knoll (South Mountain), Maryland. The FCC
failed to entertain a request by consulting parties to request
determinations of eligibility for three properties at the proposed tower
site and the FCC failed to invite the Advisory Council on Historic
Preservation into the proceedings. Despite the FCC licensees' demolition by
neglect of the 1930s Aermotor fire lookout tower that will be razed to
facilitate construction of the new tower and compelling evidence that a Cold
War Presidential Emergency Facility is eligible for listing in the National
Register of Historic Places, the FCC dismissed concerns made by the National
Park Service (Antietam Battlefield) and other consulting parties without a
defensible review of the determinations of eligibility or the assessment of
effects. The FCC furthermore used its draft Nationwide Programmatic
Agreement -- an instrument not yet executed -- as the basis for much of the
decision.

The Final Order may be downloaded here:
<www.dsrotenstein.com/lambsknoll/index.html#july2004>

The Web site also contains various reports and FCC filings. The complete FCC
administrative record is available at the FCC licensing Web site:
<http://wtbwww05.fcc.gov/default.sph/UlsQueryApp.exe?FNC=go_app_main2__Aapp_
slist_results_html___2461850.0>

David Rotenstein