[Title 47 CFR 1.1307]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 1 - PRACTICE AND PROCEDURE]
[Subpart I - Procedures Implementing the National Environmental Policy Act]
[Sec. 1.1307 - Actions that may have a significant environmental effect, for]
[From the U.S. Government Printing Office]
47TELECOMMUNICATION12004-10-012004-10-01falseActions that may have a significant environmental effect, for1.1307Sec. 1.1307TELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERALPRACTICE AND PROCEDUREProcedures Implementing the National Environmental Policy Act
Sec. 1.1307 Actions that may have a significant environmental effect, for
which Environmental Assessments (EAs) must be prepared.
(a) Commission actions with respect to the following types of
facilities may significantly affect the environment and thus require the
preparation of EAs by the applicant (see Sec. Sec. 1.1308 and 1.1311)
and may require further Commission environmental processing (see
Sec. Sec. 1.1314, 1.1315 and 1.1317):
(1) Facilities that are to be located in an officially designated
wilderness area.
(2) Facilities that are to be located in an officially designated
wildlife preserve.
(3) Facilities that: (i) May affect listed threatened or endangered
species or designated critical habitats; or (ii) are likely to
jeopardize the continued existence of any proposed endangered or
threatened species or likely to result in the destruction or adverse
modification of proposed critical habitats, as determined by the
Secretary of the Interior pursuant to the Endangered Species Act of
1973.
Note: The list of endangered and threatened species is contained in
50 CFR 17.11, 17.22, 222.23(a) and 227.4. The list of designated
critical habitats is contained in 50 CFR 17.95, 17.96 and part 226. To
ascertain the status of proposed species and habitats, inquiries may be
directed to the Regional Director of the Fish and Wildlife Service,
Department of the Interior.
(4) Facilities that may affect districts, sites, buildings,
structures or objects, significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for
listing, in the National Register of Historic Places. (See 16 U.S.C.
470w(5); 36 CFR 60 and 800.)
Note: The National Register is updated and re-published in the
Federal Register each year in February. To ascertain whether a proposal
affects a historical property of national significance, inquiries also
may be made to the appropriate State Historic Preservation Officer, see
16 U.S.C. 470a(b); 36 CFR parts 63 and 800.
(5) Facilities that may affect Indian religious sites.
(6) Facilities to be located in a flood Plain (See Executive Order
11988.)
(7) Facilities whose construction will involve significant change in
surface features (e.g., wetland fill, deforestation or water diversion).
(In the case of wetlands on Federal property, see Executive Order
11990.)
(8) Antenna towers and/or supporting structures that are to be
equipped with high intensity white lights which are to be located in
residential neighborhoods, as defined by the applicable zoning law.
(b) In addition to the actions listed in paragraph (a) of this
section, Commission actions granting construction permits, licenses to
transmit or renewals thereof, equipment authorizations or modifications
in existing facilities, require the preparation of an Environmental
Assessment (EA) if the particular facility, operation or transmitter
would cause human exposure to levels of radiofrequency radiation in
excess of the limits in Sec. Sec. 1.1310 and 2.1093 of this chapter.
Applications to the Commission for construction permits, licenses to
transmit or renewals thereof, equipment authorizations or modifications
in existing facilities must contain a statement confirming compliance
with the limits unless the facility, operation, or transmitter is
categorically excluded, as discussed below. Technical information
showing the basis for this statement must be submitted to the Commission
upon request. Such compliance statements may be omitted from license
applications for transceivers subject to the certification requirement
in Sec. 25.129 of this chapter.
(1) The appropriate exposure limits in Sec. Sec. 1.1310 and 2.1093
of this chapter are generally applicable to all facilities, operations
and transmitters regulated by the Commission. However, a determination
of compliance with the exposure limits in Sec. 1.1310 or Sec. 2.1093
of this chapter (routine environmental evaluation), and preparation of
an EA if the limits are exceeded, is necessary only for facilities,
operations and transmitters that fall into the categories listed
[[Page 326]]
in table 1, or those specified in paragraph (b)(2) of this section. All
other facilities, operations and transmitters are categorically excluded
from making such studies or preparing an EA, except as indicated in
paragraphs (c) and (d) of this section. For purposes of table 1,
building-mounted antennas means antennas mounted in or on a building
structure that is occupied as a workplace or residence. The term power
in column 2 of table 1 refers to total operating power of the
transmitting operation in question in terms of effective radiated power
(ERP), equivalent isotropically radiated power (EIRP), or peak envelope
power (PEP), as defined in Sec. 2.1 of this chapter. For the case of
the Cellular Radiotelephone Service, subpart H of part 22 of this
chapter; the Personal Communications Service, part 24 of this chapter
and the Specialized Mobile Radio Service, part 90 of this chapter, the
phrase total power of all channels in column 2 of table 1 means the sum
of the ERP or EIRP of all co-located simultaneously operating
transmitters owned and operated by a single licensee. When applying the
criteria of table 1, radiation in all directions should be considered.
For the case of transmitting facilities using sectorized transmitting
antennas, applicants and licensees should apply the criteria to all
transmitting channels in a given sector, noting that for a highly
directional antenna there is relatively little contribution to ERP or
EIRP summation for other directions.
Table 1--Transmitters, Facilities and Operations Subject to Routine
Environmental Evaluation
------------------------------------------------------------------------
Service (title 47 CFR rule part) Evaluation required if
------------------------------------------------------------------------
Experimental Radio Services (part 5). Power 100 W ERP (164
W EIRP)
Multipoint Distribution Service Non-building-mounted antennas:
(subpart K of part 21). height above ground level to
lowest point of antenna < 10 m
and power 1640 W
EIRP
Building-mounted antennas: power
1640 W EIRP
MDS licensees are required to
attach a label to subscriber
transceiver or transverter
antennas that:
(1) provides adequate notice
regarding potential
radiofrequency safety hazards,
e.g., information regarding the
safe minimum separation distance
required between users and
transceiver antennas; and
(2) references the applicable FCC-
adopted limits for
radiofrequency exposure
specified in Sec. 1.1310.
Paging and Radiotelephone Service Non-building-mounted antennas:
(subpart E of part 22). height above ground level to
lowest point of antenna < 10 m
and power 1000 W ERP
(1640 W EIRP)
Building-mounted antennas: power
1000 W ERP (1640 W
EIRP)
Cellular Radiotelephone Service Non-building-mounted antennas:
(subpart H of part 22). height above ground level to
lowest point of antenna < 10 m
and total power of all channels
1000 W ERP (1640 W
EIRP)
Building-mounted antennas: total
power of all channels 1000 W ERP (1640 W EIRP)
Personal Communications Services (1) Narrowband PCS (subpart D):
(part 24). non-building-mounted antennas:
height above ground level to
lowest point of antenna < 10 m
and total power of all channels
1000 W ERP (1640 W
EIRP)
Building-mounted antennas: total
power of all channels 1000 W ERP (1640 W EIRP)
(2) Broadband PCS (subpart E):
non-building-mounted antennas:
height above ground level to
lowest point of antenna < 10 m
and total power of all channels
2000 W ERP (3280 W
EIRP)
Building-mounted antennas: total
power of all channels 2000 W ERP (3280 W EIRP)
Satellite Communications (part 25)... All included. In addition, for
NGSO subscriber equipment,
licensees are required to attach
a label to subscriber
transceiver antennas that:
(1) provides adequate notice
regarding potential
radiofrequency safety hazards,
e.g., information regarding the
safe minimum separation distance
required between users and
transceiver antennas; and
(2) references the applicable FCC-
adopted limits for
radiofrequency exposure
specified in Sec. 1.1310 of
this chapter.
General Wireless Communications Total power of all channels 1640 W EIRP
Wireless Communications Service (Part (1) for the 1390-1392 MHz, 1392-
27). 1395 MHz, 1432-1435 MHz 1670-
1675 MHz and 2385-2390 MHz
bands:
Non-building-mounted antennas:
Height above ground level to
lowest point of antenna < 10 m
and total power of all channels
2000 W ERP (3280 W
EIRP).
[[Page 327]]
Building-mounted antennas: Total
power of all channels 2000 W ERP (3280 W EIRP).
(2) for the 698-746 MHz, 746-764
MHz, 776-794 MHz, 2305-2320 MHz,
and 2345-2360 MHz bands.
Total power of all channels 1000 W ERP (1640 W
EIRP).
Radio Broadcast Services (part 73)... All included
Experimental, auxiliary, and special Subparts A, G, L: power 100 W ERP
distributional services (part 74). Subpart I: non-building-mounted
antennas: height above ground
level to lowest point of antenna
< 10 m and power
1640 W EIRP
Building-mounted antennas: power
1640 W EIRP
ITFS licensees are required to
attach a label to subscriber
transceiver or transverter
antennas that:
(1) provides adequate notice
regarding potential
radiofrequency safety hazards,
e.g., information regarding the
safe minimum separation distance
required between users and
transceiver antennas; and
(2) references the applicable FCC-
adopted limits for
radiofrequency exposure
specified in Sec. 1.1310.
Stations in the Maritime Services Ship earth stations only
(part 80).
Private Land Mobile Radio Services Non-building-mounted antennas:
Paging Operations (part 90). height above ground level to
lowest point of antenna < 10 m
and power 1000 W ERP
(1640 W EIRP)
Building-mounted antennas: power
1000 W ERP (1640 W
EIRP)
Private Land Mobile Radio Services Non-building-mounted antennas:
Specialized Mobile Radio (part 90). height above ground level to
lowest point of antenna < 10 m
and total power of all channels
1000 W ERP (1640 W
EIRP)
Building-mounted antennas:
Total power of all channels 1000 W ERP (1640 W EIRP)
Amateur Radio Service (part 97)...... Transmitter output power levels specified in Sec.
97.13(c)(1) of this chapter
Local Multipoint Distribution Service Non-building-mounted antennas:
(subpart L of part 101) and 24 GHz height above ground level to
(subpart G of part 101). lowest point of antenna <10 m
and power1640 W EIRP
Building-mounted antennas: power
1640 W EIRP LMDS and
24 GHz Service licensees are
required to attach a label to
subscriber transceiver antennas
that:
(1) provides adequate notice
regarding potential
radiofrequency safety hazards,
e.g., information regarding the
safe minimum separation distance
required between users and
transceiver antennas; and
(2) references the applicable FCC-
adopted limits for radio-
frequency exposure specified in
Sec. 1.1310
70/80/90 GHz Bands (subpart Q of part Non-building-mounted antennas:
101). height above ground level to
lowest point of antenna < 10 m
and power 1640 W
EIRP.
Building-mounted antennas: power
1640 W EIRP,
licensees are required to attach
a label to transceiver antennas
that
(1) provides adequate notice
regarding potential
radiofrequency safety hazards,
e.g., information regarding the
safe minimum separation distance
required between users and
transceiver antennas; and
(2) references the applicable FCC-
adopted limits for
radiofrequency exposure
specified in Sec. 1.1310.
------------------------------------------------------------------------
(2) Mobile and portable transmitting devices that operate in the
Cellular Radiotelephone Service, the Personal Communications Services
(PCS), the Satellite Communications Services, the General Wireless
Communications Service, the Wireless Communications Service, the
Maritime Services (ship earth stations only) and the Specialized Mobile
Radio Service authorized under Subpart H of parts 22, 24, 25, 26, 27,
80, and 90 of this chapter are subject to routine environmental
evaluation for RF exposure prior to equipment authorization or use, as
specified in Sec. Sec. 2.1091 and 2.1093 of this chapter. Unlicensed
PCS, unlicensed NII and millimeter wave devices are also subject to
routine environmental evaluation for RF exposure prior to equipment
authorization or use, as specified in Sec. Sec. 15.253(f), 15.255(g),
15.319(i), and 15.407(f) of this chapter. Portable transmitting
equipment for use in the Wireless Medical Telemetry Service (WMTS) is
subject to routine environment evaluation as specified in Sec. Sec.
2.1093 and 95.1125 of this chapter. Equipment authorized for use in the
Medical Implant Communications Service (MICS) as a medical implant
transmitter (as defined in Appendix 1 to Subpart E of
[[Page 328]]
part 95 of this chapter) is subject to routine environmental evaluation
for RF exposure prior to equipment authorization, as specified in Sec.
2.1093 of this chapter by finite difference time domain computational
modeling or laboratory measurement techniques. Where a showing is based
on computational modeling, the Commission retains the discretion to
request that specific absorption rate measurement data be submitted. All
other mobile, portable, and unlicensed transmitting devices are
categorically excluded from routine environmental evaluation for RF
exposure under Sec. Sec. 2.1091, 2.1093 of this chapter except as
specified in paragraphs (c) and (d) of this section.
(3) In general, when the guidelines specified in Sec. 1.1310 are
exceeded in an accessible area due to the emissions from multiple fixed
transmitters, actions necessary to bring the area into compliance are
the shared responsibility of all licensees whose transmitters produce,
at the area in question, power density levels that exceed 5% of the
power density exposure limit applicable to their particular transmitter
or field strength levels that, when squared, exceed 5% of the square of
the electric or magnetic field strength limit applicable to their
particular transmitter. Owners of transmitter sites are expected to
allow applicants and licensees to take reasonable steps to comply with
the requirements contained in Sec. 1.1307(b) and, where feasible,
should encourage co-location of transmitters and common solutions for
controlling access to areas where the RF exposure limits contained in
Sec. 1.1310 might be exceeded.
(i) Applicants for proposed (not otherwise excluded) transmitters,
facilities or modifications that would cause non-compliance with the
limits specified in Sec. 1.1310 at an accessible area previously in
compliance must submit an EA if emissions from the applicant's
transmitter or facility would result, at the area in question, in a
power density that exceeds 5% of the power density exposure limit
applicable to that transmitter or facility or in a field strength that,
when squared, exceeds 5% of the square of the electric or magnetic field
strength limit applicable to that transmitter or facility.
(ii) Renewal applicants whose (not otherwise excluded) transmitters
or facilities contribute to the field strength or power density at an
accessible area not in compliance with the limits specified in Sec.
1.1310 must submit an EA if emissions from the applicant's transmitter
or facility results, at the area in question, in a power density that
exceeds 5% of the power density exposure limit applicable to that
transmitter or facility or in a field strength that, when squared,
exceeds 5% of the square of the electric or magnetic field strength
limit applicable to that transmitter of facility.
(4) Transition Provisions. Applications filed with the Commission
prior to October 15, 1997 (or January 1, 1998, for the Amateur Radio
Service only), for construction permits, licenses to transmit or
renewals thereof, modifications in existing facilities or other
authorizations or renewals thereof require the preparation of an
Environmental Assessment if the particular facility, operation or
transmitter would cause human exposure to levels of radiofrequency
radiation that are in excess of the requirements contained in paragraphs
(b)(4)(i) through (b)(4)(iii) of this section. In accordance with Sec.
1.1312, if no new application or Commission action is required for a
licensee to construct a new facility or physically modify an existing
facility, e.g., geographic area licensees, and construction begins on or
after October 15, 1997, the licensee will be required to prepare an
Environmental Assessment if construction or modification of the facility
would not comply with the provisions of paragraph (b)(1) of this
section. These transition provisions do not apply to applications for
equipment authorization or use for mobile, portable and unlicensed
devices as specified in paragraph (b)(2) of this section.
(i) For facilities and operations licensed or authorized under parts
5, 21 (subpart K), 25, 73, 74 (subparts A, G, I, and L), and 80 of this
chapter, the ``Radio Frequency Protection Guides'' recommended in
``American National Standard Safety Levels with Respect to Human
Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100
GHz'', (ANSI C95.1-1982),
[[Page 329]]
issued by the American National Standards Institute (ANSI) and copyright
1982 by the Institute of Electrical and Electronics Engineers, Inc., New
York, New York shall apply. With respect to subpart K of part 21 and
subpart I of part 74 of this chapter, these requirements apply only to
multipoint distribution service and instructional television fixed
service stations transmitting with an equivalent isotropically radiated
power (EIRP) in excess of 200 watts. With respect to subpart L of part
74 of this chapter, these requirements apply only to FM booster and
translator stations transmitting with an effective radiated power (ERP)
in excess of 100 watts. With respect to part 80 of this chapter, these
requirements apply only to ship earth stations.
(ii) For facilities and operations licensed or authorized under part
24 of this chapter, licensees and manufacturers are required to ensure
that their facilities and equipment comply with IEEE C95.1-1991 (ANSI/
IEEE C95.1-1992), ``Safety Levels With Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz.'' Measurement
methods are specified in IEEE C95.3-1991, ``Recommended Practice for the
Measurement of Potentially Hazardous Electromagnetic Fields--RF and
Microwave.'' Copies of these standards are available from IEEE Standards
Board, 445 Hoes Lane, P.O. Box 1331, Piscataway, NJ 08855-1331.
Telephone: 1-800-678-4333. The limits for both ``controlled'' and
``uncontrolled'' environments, as defined by IEEE C95.1-1991, will apply
to all PCS base and mobile stations, as appropriate.
(iii) Applications for all other types of facilities and operations
are categorically excluded from routine RF radiation evaluation except
as provided in paragraphs (c) and (d) of this section.
(5) Existing transmitting facilities, devices and operations: All
existing transmitting facilities, operations and devices regulated by
the Commission must be in compliance with the requirements of paragraphs
(b)(1) through (b)(3) of this section by September 1, 2000, or, if not
in compliance, file an Environmental Assessment as specified in Sec.
1.1311.
(c) If an interested person alleges that a particular action,
otherwise categorically excluded, will have a significant environmental
effect, the person shall submit to the Bureau responsible for processing
that action a written petition setting forth in detail the reasons
justifying or circumstances necessitating environmental consideration in
the decision-making process. (See Sec. 1.1313). The Bureau shall review
the petition and consider the environmental concerns that have been
raised. If the Bureau determines that the action may have a significant
environmental impact, the Bureau will require the applicant to prepare
an EA (see Sec. Sec. 1.1308 and 1.1311), which will serve as the basis
for the determination to proceed with or terminate environmental
processing.
(d) If the Bureau responsible for processing a particular action,
otherwise categorically excluded, determines that the proposal may have
a significant environmental impact, the Bureau, on its own motion, shall
require the applicant to submit an EA. The Bureau will review and
consider the EA as in paragraph (c) of this section.
(e) No State or local government or instrumentality thereof may
regulate the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental effects of
radio frequency emissions to the extent that such facilities comply with
the regulations contained in this chapter concerning the environmental
effects of such emissions. For purposes of this paragraph:
(1) The term personal wireless service means commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange access services;
(2) The term personal wireless service facilities means facilities
for the provision of personal wireless services;
(3) The term unlicensed wireless services means the offering of
telecommunications services using duly authorized devices which do not
require individual licenses, but does not mean the provision of direct-
to-home satellite services; and
[[Page 330]]
(4) The term direct-to-home satellite services means the
distribution or broadcasting of programming or services by satellite
directly to the subscriber's premises without the use of ground
receiving or distribution equipment, except at the subscriber's premises
or in the uplink process to the satellite.
[51 FR 15000, Apr. 22, 1986]
Editorial Note: For Federal Register citations affecting Sec.
1.1307, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Effective Date Note: At 69 FR 5709, Feb. 6, 2004, Sec. 1.1307 was
amended by adding a fourth sentence to paragraph (b) introductory text.
This amendment contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.