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Outleasing Rooftop Antennas
US General Services AdministrationPBS, Office of Portfolio Management and Customer Engagement, National Outlease Program
Today’s Objectives:
Overviewoflegislative historyRooftop antenna outleasing definitionAuthorities applicable to rooftop antennasAntenna Outlease GuidelinesGSA Antenna Outlease Process Summary
Legislative History
Presidential Memorandum 8/10/95 “Facilitating Access to Federal Property for the Siting of Mobile Services”Directed Federal agencies to open rooftop access to private sector carriers wanting to expand their networkTheTelecommunications Act of1996(47 USC 332)Promoted competition, shared resources, etc.GSA Bulletin FMR 2007-B2Provided Federal agencies with general guidelines, processes for implementing the Presidential Memorandum and the Telecommunications ActThe FMR guidance was followed by Federal Register 102-79.75
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GSA Antenna Outlease Training
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What is Outleasing?
GSA defines outleasing as the temporary disposal of vacant or underutilized government owned or leased space by leasing to:Private sectorState or local government entities
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GSA Antenna Outlease Training
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AuthoritiesApplicable toAntenna Outleasing
Cooperative Use Act – 40 USC 581(h) (Can be delegated to other agencies)Can charge local commercial (i.e., market based) ratesLimited to certain types of activitiesCommercial, cultural, educational and recreationalLimited to certain areas of public buildings (e.g., pedestrian access levels, court-yards and rooftops)Adaptive Use Authority under Section 111 of the NHPA54U.S.C. § 306121 and306122Broad authority to outlease unused portions of historic propertiesAllows proceeds to be retained and used to maintain the propertyProceeds can only be used on property generating the outlease revenue or other properties listed in the NationalRegister.Section 704 of Telecommunications Act and P.L. 112-96 Sec. 6409 for Easements, Right-Of-Way
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
Use Fees for antenna site and shelter (if needed) are based on commercial rates identified by market surveyIn areas too rural for market survey, BLM Antenna Pricing Index is a resourceEasements/RoWfees are based on direct cost recoveryIf easement/RoWunimproved land, consult with agency Environment Preservation Officer (EPO)Use Fees, Terms and Conditions are negotiated in the best interest of the Federal government
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
FCC, Radio Frequency Interference (RFI) and International Building Code (IBC) RequirementsMustprovide a copy ofcurrentFCC license which must specify the expiration date.Nooutlease contract will be let for a company with an expired FCC license.Atits own expense, obtain written certification, commonly known as a Radio Frequency Interference (RFI) CertificationReportReviewed by Building EngineerMust use counterweightsthat aresecurely connected on ballast that conform to IBC wind requirements. (IBC Section 1609)
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
Additional Square Footage Charges, Signage and Height Restriction EnforcementRooftop spacetohouse the supporting electronics cabinetsubjectto a negotiatedrate,may be blended with the antenna rate.Carrier required to provide/post signage toprotectworkers, public from microwave exposure.Adherence tolocal zoning regulations for area heightrestrictions strictly enforced.
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GSA Antenna Outlease Training
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Antenna Installation on Historic Building RooftopsAntenna installations onbuildings on the National Register or eligible to be on the National Register mustmeetSection 106 requirements of NHPA.Agency Historic Preservation Officer involvement required to insure no impact
Antenna Outlease Guidelines
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
Subleasing and Co-locatingThe option of subleasingis permissibleCo-locationwith other telecommunication providersis allowedRFI certification must show no interference, or if frequency interference, RFI must be remedied for installation to proceedGSAwill issue a separateoutlease foreach company co-locating onan installation.
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
Change of ownership or bankruptcyThe telecommunications industry is very volatile, with companies frequently sold and acquired. Be aware that sometimes when rent becomes delinquent for an antenna contract, the original client may have changed ownership without notifying GSA.Ifa company notifies GSA that a change in ownership has taken place, immediate action is required toeither:Negotiatenew contract with the new telecommunication companyorAmend existing contract tochange the ownershipnameThe preferred choice asthe contracts are multi-year. The original client must provide, in writing to GSA, the name change information and the effective date.Bankruptcies are not unknown.Althoughlanguage should be inthe antenna outlease contract requiringnotificationof changes in ownership, vigilance is required.Bankruptcies require Legal counsel involvement and can take a year or more to resolve
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
SiteRestorationContract should containspecific direction that, upon termination or expiration of the contract, all telecommunication equipment and supporting equipment must beremovedat carriers expense.Donot skip the final site inspection. Abandoned equipment results in a removal cost forthe Government.
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
Thefollowing are requirements to follow when outleasing antenna space on a rooftop with a solar project:Photovoltaic (PV) Roof MembranesPV roofmembrane is a roof covering where the wafer-like solar collection panels sit flat upon the surface of the roofingmaterial; typically does not cover entire roof surface. Nothing can sit on top of the membrane.Themembrane cannot be penetrated.Staff/Contractors/Technicians may not walk upon the membrane.Nothing may cast shade ofanyamount foranylength of time onto the collection surface. Even a shadow the width of a guy line can shut down the entire collection grid.While PVmembrane creates an electromagnetic field, it is very low grade and of a different voltage from radio microwave antennas, and hence the one does not interfere with theother.
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GSA Antenna Outlease Training
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Antenna Outlease Guidelines
Solar Projects, cont’d:Solar Rooftop Panel ArraysThese solar collectors are panels mounted on stands oftentimes arranged in an array on the rooftop. Typically they do not cover the entire rooftop surface in order to allow for fire fighter access and equipment maintenance.Nothing may cast shade ofanyamount foranylength of time onto the collection surface. Even a shadow the width of a flagpole can shut down the entire collection grid.Whileit is true solar panels create an electromagnetic field, it is very low grade and of a different voltage from radio microwave antennas, and hence the one does not interfere with the other.
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Antenna Outlease Guidelines
Solar Projects, cont’d:Another rooftop solar collector considerationAlthough unlikely, it is worth noting that radio frequency issues may occur when a solar field is installed where antennas are already present. If an antenna broadcasts across the solar field it may cause an increase in radio frequency creating a potentially dangerous exposure foranyone on the roof.Aradio frequency inspection can determine whether the placement of the antenna relative to the solar collectors will create a radio frequency disruption.
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GSA Antenna Outlease Training
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GSA Outlease Process Summary
The ProcessBeginswith a phone call or email from a telecommunications carrier representativeCO/COR sends application formWireless Telecommunication Industry Application, FormGSA3729-15 available at https://www.gsa.gov/portal/content/191703Initial project team: CO, COR, PropertyMgt, AssetMgt, RHPO/EPOInitial Site SurveyInitial Project Sketch from CarrierPropertyMgt/RHPO/EPO location agreementIf asset historic, obtainNHPA compliance certification.If undeveloped land, obtain NEPA compliance certification
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GSA Outlease Process Summary
TheProcess, cont’dContract negotiations begin, Carrier develops Installation PlansPlans received, submitted tobuilding engineeringand fire and lifesafetyApprovals obtained, CO proceeds to lease/license executionOnsite preconstruction meeting with PropertyMgtCarrier installation build out beginsInspections, access coordination, enforcementFinal walkthrough with PropertyMgtContract Administration Begins
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Contacts and Forms
Wireless Telecommunication Company Application and Master Antenna Forms availableat www.gsa.govGSA CO Contact:Mary Ann HillierNational Outlease Program [email protected]
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