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A Pike & Fischer/PCIA Event

Practical Compliance with the FCC's New NPA

A comprehensive training seminar on compliance procedures for the Nationwide Programmatic Agreement ("NPA") for Historic Preservation Review of Towers and Facilities Authorized by the Federal Communications Commission ("FCC"), Effective as of March 7, 2005, and related laws.

June 16, 2006
8:30 a.m. - 4:30 p.m.
Sheraton Buckhead Hotel, Atlanta, GA

Faculty

John Clark, J.D., MPA - Partner, Sonnenschein Nath & Rosenthal; Communications attorney and former senior attorney with the FCC's NEPA Team

Amos Loveday, Jr., Ph.D. - History and Preservation Specialist at Sonnenschein Nath & Rosenthal; Former FCC Federal Preservation Officer and former Ohio SHPO

David Jermakian, President of Dynamic Environmental Associates, Inc.


This day-long seminar will provide comprehensive training on the new requirements for completing historic-preservation review of FCC-licensed or registered towers and other undertakings. The seminar will provide useful, practical training on how to use and interpret the several different documents that now cover the area, including the NPA, the Voluntary Best Practices Agreement ("BPA") for tribal participation, the Collocation NPA, the new Forms 620 and 621, and related documents.

The faculty for this seminar possess a combined background and length of experience that gives them unique insight into the development and practical application of these documents. John Clark represented PCIA and the wireless industry as one of the original members of the Telecommunications Working Group ("TWG") formed by the Advisory Council on Historic Preservation to develop the Collocation Nationwide Programmatic Agreement ("Collocation NPA") and the NPA, and throughout the negotiations leading up to adoption of the NPA. Amos Loveday was involved with the development of these NPAs from two different perspectives. When the TWG began its work, Amos participated as the Ohio State Historic Preservation Officer ("SHPO") and Chair of the Telecommunications Subcommittee of the National Conference of State Historic Preservation Officers ("NCSHPO"). In 2002, Amos joined the FCC as that agency's first Cultural Resources Specialist, and he was also the FCC's Federal Preservation Officer. At the FCC he had a major role in assisting in the adoption of the NPA.


Agenda
June 16, 2006

8:00 - 8:30 a.m. Registration
8:30 – 8:45 a.m. Introduction and Welcome
8:45 – 9:45 a.m. An Overview of the NPA and CNPA

Introduction and overview of the Nationwide Programmatic Agreement ("NPA"), effective March 7, 2005, the Collocation Nationwide Programmatic Agreement ("CNPA"), adopted in 2001, and the practical considerations in complying with both agreements.

Amos Loveday, History and Preservation Specialist, Sonnenschein Nath & Rosenthal

9:45 – 10:45 a.m. Compliance and Pitfalls for the NPA and CNPA

This session will drill down to the essentials of NPA compliance, including: the relationship between Section 106 and the FCC's environmental regulations; qualifications of consultants, the meanings of "undertaking" and "potentially eligible;" Forms 620 and 621; 30-day timelines; and all you need to know about effects - direct, visual, adverse and “areas of potential effects” ("APEs").

John Clark, Partner, Sonnenschein Nath & Rosenthal

10:45 –11:00 a.m. Break
11:00 – 11:45 p.m. The View from the Field: Part 1

This session will build on an expert consultant’s experience from the field, providing invaluable insights on dealing with carriers and tower companies, and tips on maximizing NPA compliance efficiency while minimizing costs.

David Jermakian, President, Dynamic Environmental Associates

11:45 - 12:30 noon Practical Techniques and Consultation Procedures

Guidance on dealing with the key players in a Section 106 consultation - with tips on managing expectations of the State Historic Preservation Officer (“SHPO”) and staff, and little-known practical considerations about the operations and procedures of the staff of the FCC.

Amos Loveday, History and Preservation Specialist, Sonnenschein Nath & Rosenthal

12:30 noon – 1:30 p.m. Lunch
1:30 – 2:30 p.m. Tribal Participation, TCNS and the Best Practices Agreement

Overview of the tribal participation requirements of the NPA, and how they interact with the FCC’s Tower Construction Notification System (“TCNS”), the Voluntary Best Practices Agreement (“BPA”), and other provisions of federal Indian law.

John Clark, Partner, Sonnenschein Nath & Rosenthal

2:30– 2:45 p.m. Break
2:45 – 3:45 p.m. The View from the Field- Part 2

This session continues the discussion of applying the NPA in real life situations. These sessions will include actual project examples from collocation and redevelopment to new builds as well as tips on overcoming hurdles, working with SHPOs and the relationship between consultant and carriers/tower owners.

David Jermakian, President, Dynamic Environmental Associates

3:45 - 4:15 p.m. Recap and Analysis on key lessons learned from the Seminar

The faculty will provide a recap of the most valuable issues to take away from the seminar, and take questions from attendees.

John Clark, Amos Loveday and David Jermakian

Training Hours – 5.0 Ethics hours -- 1.0



Purchase Options
Practical Compliance with the FCC's New NPA
Register for conference -- $449

Substitutions & Cancellations: Should you be unable to attend for any reason, please inform us in writing prior to June 2, 2006 and Pike & Fischer will give you a refund less a $50 administrative fee. Refunds are not available after June 2, 2006. Substitutions of enrolled delegates may be made at any time.


A copy of the newly released NPA User's Manual: First Edition by John Clark, J.D., MPA, is available to registered attendees at an exclusive discounted rate of $89.


Date:
June 16, 2006 8:30-4:30

Venue:
Sheraton Buckhead
Atlanta, GA
(404) 261-9250


Faculty Biographies

Amos Loveday, Ph.D., joined the law firm Sonnenschein Nath & Rosenthal as History and Preservation Specialist in July, 2005. Prior to that time, Dr. Loveday was the Federal Preservation Officer and Cultural Resource Specialist at the Federal Communications Commission from 2002-2005. While at the FCC, Dr. Loveday helped redesign and streamline that agency's program of historic-preservation review of wireless and other tower projects. He helped steer to successful adoption the landmark Nationwide Programmatic Agreement ("NPA"). He was also prominently involved in helping develop the FCC's bold new approach to consultation with Indian tribes developed in the past two years.

Prior to his service with the FCC, from 1995 to 2002, Dr. Loveday was the State Historic Preservation Officer ("SHPO") for the State of Ohio. During that time, he was also on the Board of Directors of the National Conference of State Historic Preservation Officers, and the National Advisory Board of the National Trust for Historic Preservation. He served for fourteen years as the Chief Curator of the Ohio Historical Society, which operates numerous museums and historic sites across the state.


John F. Clark is a partner in the Washington D.C. office of the law firm Sonnenschein Nath & Rosenthal, where his practice focuses on the federal environmental regulation of the siting of various kinds of facilities, including communications and broadcast towers and infrastructure. Mr. Clark is a former deputy division chief for public safety communications and senior attorney with the Federal Communications Commission's environmental compliance group. He represents wireless carriers, broadcasters, tower companies and the industries impacted by federal and state environmental and land-use laws.

He specializes in compliance issues involving the siting of communications towers and infrastructure, and the full range of substantive laws governing environmental protection, historic preservation, endangered species, migratory birds, Indian tribal consultation, Federal Aviation compliance, and federal preemption of land use restrictions on communications facilities. Mr. Clark was a member of the Telecommunications Working Group that developed the Nationwide Programmatic Agreement ("NPA"), and has represented many prominent companies and trade associations in the wireless telecommunications and tower industries in the NPA proceeding before the Commission.

David Jermakian, President of Dynamic Environmental Associates (DEA), has executive responsibility for the firm’s telecommunication related environmental assessment and compliance projects. Having personally completed thousands of tower siting environmental compliance projects throughout the United States, Mr. Jermakian is exceptionally versed in tower environmental issues, including compliance with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) as well as contamination investigation and due diligence assessments. Mr. Jermakian has worked with carriers, tower companies, lending institutions and manufacturing companies to develop their corporate environmental compliance programs and has been a panel member at PCIA conferences for the past two years for Section 106 and National Programmatic Agreement technical sessions. Prior to founding DEA in 1993, Mr. Jermakian managed the environmental division of a regional engineering and consulting firm where he was involved in a variety of work ranging from NEPA compliance for a variety of federally funded construction projects to the remediation of Superfund sites.

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