http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041006.html
NATIONWIDE PROGRAMMATIC AGREEMENT REGARDING THE SECTION 106 NATIONAL
HISTORIC PRESERVATION ACT REVIEW PROCESS. Adopted revisions to the rules to
implement a Nationwide Agreement that will tailor and streamline procedures
for review of certain Commission undertakings for communications facilities
under Section 106 of the National Historic Preservation Act of 1966. (Dkt
No. 03-128). Action by: the Commission. Adopted: 09/09/2004 by R&O. (FCC No.
04-222).

Just a few things that may interest the historic preservation community.
Archaeological resources appear to be protected in the agreement (but that's
because the CRM community only sent archaeologists to work on the
agreement). But there are some serious issues for those of use who work with
living communities, cultural landscapes, etc.:

1. There is no need for FCC licensees to identify historic properties beyond
those already identified in state historic preservation office inventory
files or in the Keeper of the National Register of Historic Places files
(listed properties or those determined eligible for listing). This means
that tower builders are not required to consult the files of local historic
preservation planners, historical societies, et al. whose files may be more
complete than the SHPO's or NR.

2. The FCC in its order releasing the new rules, "We further conclude that
the speculative benefits of exceptions to the exclusion for replacement
towers located on historic properties or replacements for towers that may
themselves be historic have not been shown to merit the costs of drafting
and implementing such exceptions, including the time and resource costs of
additional review by applicants." Basically, this means that a significant
part of our nation's industrial heritage (communications facilities) are
excluded from National Historic Preservation Act review because the FCC
thinks it's too expensive to reconsider the flawed agreement.

3. Public involvement is limited to legal ads in newspapers and compliance
with local zoning and/or historic preservation laws. What about Appalachian
communities with no zoning/HP laws, limited newspaper circulations, etc.?
What about the whole idea of CONSULTATION versus NOTIFICATION? The National
Historic Preservation Act isn't about telling a community that something's
going to be built and, by the way, if you happen to be reading this you can
call a phone number in Boston or Washington, DC, to get more information.

4. Areas of potential effects are determined not by defensible measures;
rather, they are set by how well a consultant can draw a 1/2-mile circle on
a quadrangle map.


David Rotenstein.
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David S. Rotenstein, Ph.D.
Consulting Historian
10308 Edgewood Ave.
Silver Spring, MD 20901
Phone: (301) 592-0646
Fax: (301) 592-0618
Mobile: (240) 461-7835
E-mail: [log in to unmask]
Web: http://www.dsrotenstein.com
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