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. _________________________________________ 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 _________________________________________