Hello Everyone,

Here’s the link to tomorrow’s meeting:

https://us02web.zoom.us/meeting/register/tZYrfuCgrTopHdP3wHQYKbalD4NsgMQ3T-Wi

See attached notes from last week’s meeting, and the 2004 National Programmatic Agreement that governs the Sec 106 review (attached).

Quick agenda:

1. We will follow up on Section 106 review and any updates.  We also have information below for reference.
2. The 8+ federal bills, which includes HR 3557, that will prohibit moratoria, and virtually eliminate environmental and historic preservation review
   1. https://energycommerce.house.gov/posts/e-and-c-advances-seven-bills-to-close-the-digital-divide-and-improve-american-leadership-in-wireless-communications
   2. Action Alerts:
      1. https://www.americansforresponsibletech.org/stop3557
      2. https://childrenshealthdefense.org/community-forum/take-action-to-prevent-the-next-wireless-invasion/

Regards,

Odette

Wired Broadband, Inc. (non-profit)

REFERENCE

Section 106 Review:

Please let us know if you’ve filed as a consulting party.  The Town Hall with CityBridge on Sec 106 review from June 28, 2023 is here for your reference: https://youtu.be/wQ0wsGHWnYA

Attached are letters from the NYS Historic Preservation Office (SHPO) to ZenFi and from preservation organizations to SHPO regarding their request to pause the Section 106 process because of lack of clarity about the process.  Although the understanding is that the process has now been paused, we don't yet have anything in writing, nor do we have any official word from the FCC. 

Here’s the information we have so far:

• CityBridge/ZenFi (now Boldyn) has assigned Tammi Grant, one of their staff people, to oversee the review:

tammi.grant@boldyn.com

cell 215-908-6306

• E2 Project Management and Marianne Walsh are no longer associated with the review. 
• Suzanne Derrick with EBI Consulting will be taking over the applications that Marianne was handling:

sderrick@ebiconsulting.com

Cell: (815) 302-9118

The following information still needs to be confirmed in writing:

• Tammi Grant has indicated that because of all the problems, Boldyn is pausing the process. They will put together information about how the process is supposed to run, a database for information about the applications to take the place of the problematic E-106 system, and otherwise address the communications and process issues.
• The applications for many of the towers will be withdrawn, and resubmitted in the next 30-60 days. The proposed locations won't be changed, but new, more "robust" submission packets will be sent out at that time. (Boldyn hasn't said how many applications will be withdrawn or described the criteria for withdrawal, but Tammi told me the three West Village towers I've been focused on will be withdrawn and resubmitted.)
• For the applications that are withdrawn, consulting parties' clocks will reset and start when the new submission packets are received. For those applications that are not withdrawn, the consulting parties' clocks are now paused and will resume when the review resumes.

Listed below is the basic procedure for the Section 106 review process which I will continue to include in these notices so that you have them for easy reference. 

First, to apply as a consulting party, Send email to:

NEPA-NHPA@link.nyc

Request for Link5G Consulting Party Status

Fill in: YOUR ORGANIZATION AND WHY YOU SHOULD BE A CONSULTING PARTY IN THE LINK 5G PROCESS

Second, once you receive a letter from CityBridge’s consultant that accepts you as a consulting party, these would be helpful in preparing your comments/submission.  The following may list your historic district / landmark and may provide the rationale for their status:

• NYS Parks, Recreation and Historic Preservation (see Cultural Resource Info System (CRIS)) https://parks.ny.gov/shpo/online-tools/
• NY Preservation Society Library https://www.nyhistory.org/library
• National Register of Historic Places at: https://www.nps.gov/subjects/nationalregister/database-research.htm.
• Advisory Council on Historic Preservation www.achp.gov

Select "Section 106 Review Process" 

• Describes how the reviews are structured
• Layman's overview of Section 106:

https://www.achp.gov/sites/default/files/documents/2017-01/CitizenGuide.pdf

Note: a consulting party has 30 calendar days from the date of receipt of the packet from the consultant which should include their analysis of the district / landmark.

Third, your submission under Section 106 should be sent to your consultant (who should be uploading it to the FCC's portal (E-106 system) AND copied to the following two people at SHPO (it's important they they receive it at the same time you send it to the consultant):

• Oivia Brazee <Olivia.Brazee@parks.ny.gov>
• Sloane Bullough <sloane.bullough@parks.ny.gov>