[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

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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).

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                                       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

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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

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    (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.