Information about Project Compliance and Section 106 Review for Federal Communications Commission Projects

Projects involving the The Federal Communications Commission (FCC), including cell towers, are reviewed according to the procedures outlined in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties For Certain Undertakings Approved by the Federal Communications Commission, which took effect on March 7, 2005. The Nationwide Programmatic Agreement (NPA) streamlines the review process for specified communications facilities under Section 106 of the National Historic Preservation Act of 1966, as amended (Section 106). The NPA’s procedures exclude certain actions from review, modify the process for identifying historic properties, establish contact procedures and response times for consultation with State Historic Preservation Offices, institute the use of standard submittal forms, and provide guidance and procedures for consultation with Indian tribes. 

Under Section 106 and its implementing regulations 36 CFR Part 800, the FCC must consider the effects of an activity under its jurisdiction, such as tower construction, on historic properties and take appropriate measures to avoid, minimize, or mitigate any adverse effects. While the FCC may authorize its applicants to initiate consultation, compile information, and conduct necessary studies, the FCC remains legally responsible for complying with Section 106 for the activities under its jurisdiction.

The Maryland Historical Trust (MHT) serves as Maryland’s State Historic Preservation Office (MD SHPO) and plays a key role in the Section 106 process defined in 36 CFR Part 800 and the NPA. The NPA outlines the responsibilities of applicants to solicit comments from parties that may be affected by an undertaking, identify historic properties within an undertaking’s Area of Potential Effect (APE), assess the effects of an undertaking on historic properties, and consult with MHT regarding their findings.

MHT prepared these Guidelines & Resources to assist the FCC’s applicants and their consultants with the Section 106 consultation process under the NPA, as well as the nationwide Collocation Programmatic Agreement, for undertakings in Maryland. This guidance updates and replaces the former Maryland Historical Trust Guidelines & Resources for FCC’s Licensees and Applicants – Section 106 Submittals, Effective March 2005. The guide includes sources of additional information to facilitate the preparation of submittals for MHT review and the resulting consultation process. These Guidelines & Resources are intended to be used in conjunction with the NPA and assume the reader’s familiarity with the agreement document.

MHT Guidelines & Resources for FCC Licensees & Applicants

Historic Preservation for Tower siting

FCC Nationwide Programmatic Agreement (NPA) 

FCC Collocation Programmatic Agreement 

FCC Form 620 (new towers) 

FCC Form 621 (collocations)

FCC E-106