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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554




   In the Matter of ) File No.: EB-SED-13-00008489




   )

   TowerCom III, LLC ) Acct No.: 201432100015
   )
   ) FRN: 0006877302



                                     ORDER

   Adopted: March 27, 2014 Released: March 28, 2014

   By the Acting Chief, Enforcement Bureau:

    1. The Enforcement Bureau (Bureau) of the Federal Communications
       Commission (Commission) has settled its investigation into whether
       TowerCom III, LLC (TowerCom) complied with Commission rules requiring
       that parties applying to construct antenna structures consider whether
       the proposed construction would affect the environment or historic
       properties. Under these rules, an antenna structure applicant must
       evaluate the potential adverse effects its proposals will have on the
       environment or historic properties and mitigate any effects prior to
       construction. TowerCom performed the required evaluation prior to
       construction of the subject structure, but submitted an antenna
       structure registration to the Commission that indicated incorrectly
       that the proposed structure would have no significant environmental
       impact. The company subsequently disclosed this error to the
       Commission voluntarily and agreed to implement a robust three-year
       plan to ensure future compliance with these important requirements.

    2. In this Order, we adopt the attached Consent Decree entered into
       between the Bureau and TowerCom. The Consent Decree resolves and
       terminates the Bureau's investigation into TowerCom's compliance with
       Sections 1.1307(a)(4) and 1.1312(a) of the Commission's rules (Rules)^
       pertaining to the required assessment of the potential effect on the
       environment or historic properties of the construction of a wireless
       communications facility.

    3. The Bureau and TowerCom have negotiated a Consent Decree that resolves
       this matter. A copy of the Consent Decree is attached hereto and
       incorporated herein by reference.

    4. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    5. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether TowerCom possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    6. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and
       503(b) of the Communications Act of 1934, as amended,^ and Sections
       0.111 and 0.311 of the Rules,^ the Consent Decree attached to this
       Order IS ADOPTED.

    7. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to David Shields, Executive Vice President, TowerCom III,
       LLC, 12276 San Jose Blvd., Suite 122, Jacksonville, FL 32223; and to
       Jason S. Smith, Esq., Hellman Yates & Tisdale, PA, Counsel for
       TowerCom III, LLC, 145 King Street, Suite 102, Charleston, South
       Carolina 29401.

   FEDERAL COMMUNICATIONS COMMISSION

   Travis LeBlanc

   Acting Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No.: EB-SED-13-00008489




   )

   TowerCom III, LLC ) Acct No.: 201432100015
   )
   ) FRN: 0006877302



                                 CONSENT DECREE

   The Enforcement Bureau of the Federal Communications Commission and
   TowerCom III, LLC, by their authorized representatives, hereby enter into
   this Consent Decree for the purpose of terminating the Enforcement
   Bureau's investigation into possible violations of Sections 1.1307(a)(4)
   and 1.1312(a) of the Commission's rules^ pertaining to the required
   assessment of the potential effect on the environment of the construction
   of a wireless communications facility.

   I. DEFINITIONS

    1. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S 151 et seq.

    b. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Communications Laws" means, collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which TowerCom is subject by virtue of its business activities,
       including but not limited to, the Environmental Laws.

    f. "Compliance Plan" means the compliance obligations, programs, and
       procedures described in this Consent Decree at paragraph 10.

    g. "Covered Employees" means all employees and agents of TowerCom who
       perform, or supervise, oversee, or manage the performance of, duties
       that relate to TowerCom's responsibilities under the Environmental
       Rules.

    h. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    i. "Environmental Rules" means Sections 1.1307(a)(4) and 1.1312(a) of the
       Rules and other Communications Laws implementing the National
       Environmental Policy Act of 1969, as amended,^ and the National
       Historic Preservation Act.^

    j. "TowerCom" means TowerCom III, LLC, and parent and affiliate
       companies, including TowerCom, LLC, TowerCom IV, LLC, and TowerCom V,
       LLC.

    k. "Investigation" means the investigation commenced by the Bureau in
       response to a referral from the Wireless Telecommunications Bureau
       regarding TowerCom's possible violations of Sections 1.1307(a)(4) and
       1.1312(a) of the Rules.^

    l. "Operating Procedures" means the standard, internal operating
       procedures and compliance policies established by TowerCom to
       implement the Compliance Plan.

    m. "Parties" means TowerCom and the Bureau, each of which is a "Party."

    n. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    2. Section 1.1307(a)(4) of the Rules requires applicants and licensees to
       consider whether their proposed facilities would affect properties
       listed or eligible for listing ("historic properties") in the National
       Register of Historic Places ("National Register"). This obligation
       expressly applies to facilities for which no pre-construction
       authorization is required.^ In considering the potential effects on
       historic properties, applicants and licensees must, under Section
       1.1307(a)(4) of the Rules, follow the prescribed procedures
       established by the Programmatic Agreements for collocated antennas^
       and for historic preservation review.^ The Collocation Agreement and
       the Nationwide Agreement^ are designed to tailor and streamline in the
       context of communications tower and antenna construction the review
       and consultation procedures required by the NHPA,^ and the
       implementing regulations issued by the Advisory Council on Historic
       Preservation ("Advisory Council").^

    3. TowerCom owns wireless telecommunications towers in the southeast
       region of the United States. In July 2010, TowerCom filed with the FCC
       and submitted to the Georgia State Historic Preservation Officer
       (Georgia SHPO) an FCC Form 620 (FCC Wireless Telecommunications Bureau
       New Tower Submission Packet) that indicated construction of a proposed
       antenna structure in Woodbury, Georgia (Woodbury Tower) would have no
       adverse effect on historic properties. The Georgia SHPO responded on
       August 11, 2010, finding that the proposed Woodbury Tower would have
       an adverse effect on several historic properties. After the Georgia
       SHPO determined that alternatives to avoid or minimize the adverse
       effects were not feasible, TowerCom, the Commission, and the Georgia
       SHPO executed on February 9, 2011, a Memorandum of Agreement that
       required TowerCom to mitigate the adverse effects to historic
       properties from construction of the Woodbury Tower, and to submit an
       Environmental Assessment (EA) for the site within thirty (30) days.^

    4. On April 14, 2011, TowerCom submitted an application on FCC Form 854
       for an Antenna Structure Registration (ASR) for the Woodbury Tower.^
       Although TowerCom previously had assessed the potential effects on
       historic properties as required by the Nationwide Agreement, and the
       underlying facts would have supported the issuance of a Finding of No
       Significant Impact (FONSI), TowerCom's ASR application incorrectly
       indicated that construction of the Woodbury Tower would have no
       significant environmental impact. The ASR for the Woodbury Tower was
       issued on April 14, 2011. Construction of the Woodbury Tower was
       completed on April 27, 2011. On July 26, 2012, TowerCom disclosed the
       error to the Commission's Wireless Telecommunications Bureau, and
       submitted a corrected ASR application with the required EA.^ The
       Wireless Telecommunications Bureau subsequently referred this matter
       to the Enforcement Bureau for investigation. The Enforcement Bureau
       and TowerCom entered into a tolling agreement to toll the statute of
       limitations.^

   III. TERMS OF AGREEMENT

    5. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

    6. Jurisdiction. TowerCom agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and that the Bureau
       has the authority to enter into and adopt this Consent Decree.

    7. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date as defined herein. As of
       the Effective Date, the Adopting Order and this Consent Decree shall
       have the same force and effect as any other order of the Commission.
       Any violation

   of the Adopting Order or of the terms of this Consent Decree shall
   constitute a separate violation of a Commission order, entitling the
   Commission to exercise any rights and remedies attendant to the
   enforcement of a Commission order.

    8. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of the
       Investigation, TowerCom agrees to the terms, conditions, and
       procedures contained herein. The Bureau further agrees that in the
       absence of new material evidence, the Bureau will not use the facts
       developed in the Investigation through the Effective Date, or the
       existence of this Consent Decree, to institute on its own motion any
       new proceeding, formal or informal, or take any action on its own
       motion against TowerCom concerning the matters that were the subject
       of the Investigation. The Bureau also agrees that it will not, in the
       absence of new material evidence, use the facts developed in the
       Investigation through the Effective Date, or the existence of this
       Consent Decree, to institute on its own motion any proceeding, formal
       or informal, or take any action on its own motion against TowerCom
       with respect to TowerCom's basic qualifications, including its
       character qualifications, to be a Commission licensee.

    9. Compliance Officer. Within thirty (30) calendar days after the
       Effective Date, TowerCom shall designate a senior corporate manager
       with the requisite corporate and organizational authority to serve as
       Compliance Officer and to discharge the duties set forth below. The
       person designated as the Compliance Officer shall be responsible for
       developing, implementing, and administering the Compliance Plan and
       ensuring that TowerCom complies with the terms and conditions of the
       Compliance Plan and this Consent Decree. In addition to the general
       knowledge of the Communications Laws necessary to discharge his/her
       duties under this Consent Decree, the Compliance Officer shall have
       specific knowledge of the Environmental Rules prior to assuming
       his/her duties.

   10. Compliance Plan. For purposes of settling the matters set forth
       herein,  TowerCom agrees that it shall within sixty (60) calendar days
       after the Effective Date, develop and implement a Compliance Plan
       designed to ensure future compliance with the Communications Laws and
       with the terms and conditions of this Consent Decree. With respect to
       the Environmental Rules, TowerCom shall implement the following
       procedures:

    a. Operating Procedures on Environmental Rules. Within sixty (60)
       calendar days after the Effective Date, TowerCom shall establish
       Operating Procedures that all Covered Employees must follow to help
       ensure TowerCom's compliance with the Environmental Rules. TowerCom's
       Operating Procedures shall include internal procedures and policies
       specifically designed to ensure that (i) TowerCom performs the
       required review of the potential effects on the environment of any
       proposed facilities, including facilities for which no
       pre-construction authorization is required, prior to the initiation of
       construction of such proposed facilities; and (ii) timely files with
       the Commission all information required by the Environmental Rules.
       TowerCom's Operating Procedures shall incorporate a Compliance
       Checklist that describes the steps that a Covered Employee must follow
       to determine whether construction of the proposed facility is
       categorically excluded from environmental processing under Section
       1.1306 of the Rules^ or may have a significant environmental effect,
       as defined in Section 1.1307 of the Rules.^

    b. Compliance Manual. Within sixty (60) calendar days after the Effective
       Date, the Compliance Officer shall develop and distribute a Compliance
       Manual to all Covered Employees. The Compliance Manual shall explain
       the Environmental Rules and set forth the Operating Procedures that
       Covered Employees shall follow to help ensure TowerCom's compliance
       with the Environmental Rules. TowerCom shall periodically review and
       revise the Compliance Manual as necessary to ensure that the
       information set forth therein remains current and complete. TowerCom
       shall distribute any revisions to the Compliance Manual promptly to
       all Covered Employees.

    c. Compliance Training.  TowerCom shall establish and implement a
       Compliance Training Program on compliance with the Environmental Rules
       and the Operating Procedures. As part of the Compliance Training
       Program, Covered Employees shall be advised of TowerCom's obligation
       to report any noncompliance with the Environmental Rules under
       paragraph 11 of this Consent Decree and shall be instructed on how to
       disclose noncompliance to the Compliance Officer. All Covered
       Employees shall be trained pursuant to the Compliance Training Program
       within sixty (60) calendar days after the Effective Date,  except that
       any person who becomes a Covered Employee at any time after the
       Effective Date shall be trained within thirty (30) calendar days after
       the date such person becomes a Covered Employee. TowerCom shall repeat
       the compliance training on an annual basis, and shall periodically
       review and revise the Compliance Training Program as necessary to
       ensure that it remains current and complete and to enhance its
       effectiveness.

   11. Reporting Noncompliance. TowerCom shall report any noncompliance with
       the Environmental Rules and with the terms and conditions of this
       Consent Decree within fifteen (15) calendar days after its discovery
       of such noncompliance. Such reports shall include a detailed
       explanation of (i) each instance of noncompliance; (ii) the steps that
       TowerCom has taken or will take to remedy such noncompliance; (iii)
       the schedule on which such proposed remedial actions will be taken;
       and (iv) the steps that TowerCom has taken or will take to prevent the
       recurrence of any such noncompliance. All reports of noncompliance
       shall be submitted to the Chief, Spectrum Enforcement Division,
       Enforcement Bureau, Federal Communications Commission, 445 12^th
       Street, S.W., Rm. 3-C366, Washington, DC 20554, with copies submitted
       electronically to Linda Nagel at Linda.Nagel@fcc.gov and to Ricardo
       Durham at Ricardo.Durham@fcc.gov.

   12. Compliance Reports. TowerCom shall file Compliance Reports with the
       Commission ninety (90) calendar days after the Effective Date, twelve
       (12) months after the Effective Date, twenty-four (24) months after
       the Effective Date, and thirty-six months (36) after the Effective
       Date.

    a. Each Compliance Report shall include a detailed description of
       TowerCom's efforts during the relevant period to comply with the terms
       and conditions of this Consent Decree and the Environmental Rules. In
       addition, each Compliance Report shall include a certification by the
       Compliance Officer, as an agent of and on behalf of TowerCom, stating
       that the Compliance Officer has personal knowledge that TowerCom (i)
       has established and implemented the Compliance Plan; (ii) has utilized
       the Operating Procedures since the implementation of the Compliance
       Plan; and (iii) is not aware of any instances of noncompliance with
       the terms and conditions of this Consent Decree, including the
       reporting obligations set forth in paragraph 11 hereof.

    b. The Compliance Officer's certification shall be accompanied by a
       statement explaining the basis for such certification and must comply
       with Section 1.16 of the Rules^ and be subscribed to as true under
       penalty of perjury in substantially the form set forth therein.

    c. If the Compliance Officer cannot provide the requisite certification,
       the Compliance Officer, as an agent of and on behalf of TowerCom,
       shall provide the Commission with a detailed explanation of the
       reason(s) why and describe fully (i) each instance of noncompliance;
       (ii) the steps that TowerCom has taken or will take to remedy such
       noncompliance, including the schedule on which proposed remedial
       actions will be taken; and (iii) the steps that TowerCom has taken or
       will take to prevent the recurrence of any such noncompliance,
       including the schedule on which such preventive action will be taken.

    d. All Compliance Reports shall be submitted to Chief, Spectrum
       Enforcement Division, Enforcement Bureau, Federal Communications
       Commission, 445 12^th Street, S.W., Rm. 3-C366, Washington, DC 20554.
       All Compliance Reports also shall be submitted electronically to Linda
       Nagel at Linda.Nagel@fcc.gov and to Ricardo Durham at
       Ricardo.Durham@fcc.gov.

   13. Termination Date. Unless stated otherwise, the obligations set forth
       in paragraphs 9 through 12 of this Consent Decree shall expire
       thirty-six (36) months after the Effective Date.

   14. Voluntary Contribution. TowerCom agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of six
       thousand five hundred dollars ($6,500) within thirty (30) calendar
       days after the Effective Date. TowerCom shall also send electronic
       notification of payment to Linda Nagel at Linda.Nagel@fcc.gov, to
       Ricardo Durham at Ricardo.Durham@fcc.gov, and to Samantha Peoples at
       Sam.Peoples@fcc.gov on the date said payment is made. The payment must
       be made by check or similar instrument, wire transfer, or credit card,
       and must include the NAL/Account Number and FRN referenced above.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted.^ When completing the FCC Form
       159, enter the Account Number in block number 23A and enter the
       letters "FORF" in block number 24A (payment type code).  Below are
       additional instructions that TowerCom should follow based on the form
       of payment it selects:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   If TowerCom has questions regarding payment procedures, it should contact
   the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov.

   15. Waivers. TowerCom waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal, or stay,
       or to otherwise challenge or contest the validity of this Consent
       Decree and the Adopting Order, provided the Bureau issues an Adopting
       Order as defined herein. TowerCom shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. If either Party (or the United States on behalf of the
       Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither TowerCom nor the Commission shall contest the
       validity of the Consent Decree or of the Adopting Order, and TowerCom
       shall waive any statutory right to a trial de novo. TowerCom hereby
       agrees to waive any claims it may have under the Equal Access to
       Justice Act,^ relating to the matters addressed in this Consent
       Decree.

   16. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

   17. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which TowerCom does not expressly
       consent) that provision will be superseded by such rule or Commission
       order.

   18. Successors and Assigns. TowerCom agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   19. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation. The Parties further agree that this
       Consent Decree does not constitute either an adjudication on the
       merits or a factual or legal finding or determination regarding any
       compliance or noncompliance with the Communications Laws.

   20. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   21. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   22. Authorized Representative. The individual signing this Consent Decree
       on behalf of TowerCom represents and warrants that he is authorized by
       TowerCom to execute this Consent Decree and to bind the company to the
       obligations set forth herein. The FCC signatory represents that he is
       signing this agreement in his official capacity and that he is
       authorized to execute this Consent Decree.

   23. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   ________________________________

   Travis LeBlanc

   Acting Chief

   Enforcement Bureau

   ________________________________

   Date

   ________________________________

   David Shields

   Executive Vice President

   TowerCom III, LLC

   ________________________________

   Date

   ^ 47 C.F.R. SS 1.1307(a)(4), 1.1312(a).

   ^ 47 U.S.C. SS 154(i), 154(j), 503(b).

   ^ 47 C.F.R. SS 0.111, 0.311.

   ^ 47 C.F.R. SS 1.1307(a)(4), 1.1312(a).

   ^ National Environmental Policy Act of 1969, Pub. L. No. 91-190, 83 Stat.
   852 (1970), as amended (codified at 42 U.S.C. SS 4321-4347).

   ^ National Historic Preservation Act, Pub. L. No. 89-665, 80 Stat. 915
   (codified at 16 U.S.C. S 470 et seq) (NHPA).

   ^ See 47 C.F.R. SS 1.1307(a)(6), 1.1312(a).

   ^ 47 C.F.R. S 1.1312(a) ("In the case of facilities for which no
   Commission authorization prior to construction is required by the
   Commission's rules and regulations, the licensee or applicant shall
   initially ascertain whether the proposed facility may have a significant
   environmental impact as defined in S 1.1307 of this part.").

   ^ See 47 C.F.R. Part 1, App. B ("Collocation Agreement"); see also
   Wireless Telecommunications Bureau Announces Execution of Programmatic
   Agreement with respect to Collocating Wireless Antennas on Existing
   Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recons. denied, 20
   FCC Rcd 4084 (WTB 2005).

   ^ See 47 C.F.R. Part 1, App. C ("Nationwide Agreement"); see also
   Nationwide Programmatic Agreement Regarding the Section 106 National
   Historic Preservation Act Review Process, Report and Order, WT Docket No.
   03-128, 20 FCC Rcd 1073 (2004), clarified, 20 FCC Rcd 17995 (2005), aff'd,
   CTIA-The Wireless Ass'n. v. FCC, No. 05-1008 (D.C. Cir. Sept. 26, 2006)
   ("Nationwide Agreement Report and Order").

   ^ Section 1.1307(a)(4) of the Rules incorporates by reference the
   Collocation Agreement and the Nationwide Agreement. The Nationwide
   Agreement attaches standardized packets for review of collocated antenna
   construction (FCC Form 621) and new tower construction (FCC Form 620). See
   Nationwide Agreement Report and Order, 20 FCC Rcd at 1180-1201, Appendix
   B, Attachments 3 and 4.

   ^ The NHPA requires that a federal agency consider the effects of its
   federal undertakings, including actions that it authorizes or approves, on
   historic properties prior to issuing federal licenses, permits, or
   approvals. See 16 U.S.C. SS 470f, 470w(7). In considering such effects,
   the NHPA further requires the federal agency to consider the views of
   expert agencies. Specifically, the NHPA requires the federal agency to
   consider the views of the Advisory Council on Historic Preservation, the
   agency tasked with the responsibility for implementing the NHPA, the
   appropriate State Historic Preservation Officer, and, if affected historic
   properties are of religious or cultural significance to Indian Tribes or
   Native Hawaiian organizations, their representatives. See 16 U.S.C. SS
   470a(a)(3), (d)(6)(B), 470f, 470i. Consistent with the Advisory Council on
   Historic Preservation's regulations, the Commission's Environmental Rules
   delegate the task of identification and initial consideration of the
   effects that proposed facilities may have on historic properties,
   including identifying and ensuring contact is made with potentially
   affected Indian Tribes, to its licensees, permittees and applicants, but
   the Commission remains ultimately responsible for enforcement of the
   Environmental Rules. See 47 C.F.R. S 1.1307(a)(4); see also 36 C.F.R. S
   800.2(a)(3); Nationwide Agreement Report and Order, 20 FCC Rcd at 1076-77
   P 5.

   ^ See 36 C.F.R. S 800.1 et seq. Under the NHPA and the Advisory Council's
   implementing regulations, a federal agency may, with the agreement of the
   Advisory Council and the relevant State Historic Preservation Officer or
   the National Conference of State Historic Preservation Officers, adopt
   Programmatic Agreements to tailor the historic preservation review and
   consultation procedures, as well as exempt actions that are unlikely to
   affect historic properties. See 16 U.S.C. S 470v; 36 C.F.R. S
   800.14(b),(c).

   ^ See Memorandum of Agreement Between the Federal Communications
   Commission and the Georgia State Historic Preservation Officer Regarding a
   Proposed Southerlinc/TowerComIII, LLC Tower in Meriwether County, Georgia,
   dated February 17, 2011 at 2.

   ^ See File No. A1278581 (filed Apr. 14, 2011).

   ^ See File No. A0780894 (filed July 26, 2012). The Woodbury Tower was
   subsequently sold to SBA Communications Corporation. See ASR No. 1278581.

   ^ See, e.g., Tolling Agreement Extension, File No. EB-SED-13-00008489,
   executed by and between John D. Poutasse, Chief, Spectrum Enforcement
   Division, Enforcement Bureau, and Jason S. Smith, counsel for TowerCom
   III, LLC (Dec. 20, 2013) (on file in EB-SED-13-00008489).

   ^ 47 C.F.R. S 1.1306.

   ^ Id. S 1.1307.

   ^ Id. S 1.16.

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
   (codified at 5 U.S.C. S 504); see also 47 C.F.R. SS 1.1501-1.1530.

   Federal Communications Commission DA 14-261

   2

   Federal Communications Commission DA 14-261