[Title 47 CFR I]
[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]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01falseProcedures Implementing the National Environmental Policy ActISubpart ITELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERALPRACTICE AND PROCEDURE
Subpart I_Procedures Implementing the National Environmental Policy Act 
                                 of 1969

    Source: 51 FR 15000, Apr. 22, 1986, unless otherwise noted.



Sec. 1.1301  Basis and purpose.

    The provisions of this subpart implement Subchapter I of the 
National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321-
4335.



Sec. 1.1302  Cross-reference; Regulations of the Council on Environmental 
Quality.

    A further explanation regarding implementation of the National 
Environmental Policy Act is provided by the

[[Page 324]]

regulations issued by the Council on Environmental Quality, 40 CFR 1500-
1508.28.



Sec. 1.1303  Scope.

    The provisions of this subpart shall apply to all Commission actions 
that may or will have a significant impact on the quality of the human 
environment. To the extent that other provisions of the Commission's 
rules and regulations are inconsistent with the subpart, the provisions 
of this subpart shall govern.

[55 FR 20396, May 16, 1990]



Sec. 1.1304  Information and assistance.

    For general information and assistance concerning the provisions of 
this subpart, the Office of General Counsel may be contacted, (202) 632-
6990. For more specific information, the Bureau responsible for 
processing a specific application should be contacted.



Sec. 1.1305  Actions which normally will have a significant impact upon 
the environment, for which Environmental Impact Statements must be prepared.

    Any Commission action deemed to have a significant effect upon the 
quality of the human environment requires the preparation of a Draft 
Environmental Impact Statement (DEIS) and Final Environmental Impact 
Statement (FEIS) (collectively referred to as EISs) (see Sec. Sec. 
1.1314, 1.1315 and 1.1317). The Commission has reviewed representative 
actions and has found no common pattern which would enable it to specify 
actions that will thus automatically require EISs.

    Note: Our current application forms refer applicants to Sec. 1.1305 
to determine if their proposals are such that the submission of 
environmental information is required (see Sec. 1.1311). Until the 
application forms are revised to reflect our new environmental rules, 
applicants should refer to Sec. 1.1307. Section 1.1307 now delineates 
those actions for which applicants must submit environmental 
information.



Sec. 1.1306  Actions which are categorically excluded from environmental 
processing.

    (a) Except as provided in Sec. 1.1307 (c) and (d), Commission 
actions not covered by Sec. 1.1307 (a) and (b) are deemed individually 
and cumulatively to have no significant effect on the quality of the 
human environment and are categorically excluded from environmental 
processing.
    (b) Specifically, any Commission action with respect to any new 
application, or minor or major modifications of existing or authorized 
facilities or equipment, will be categorically excluded, provided such 
proposals do not:
    (1) Involve a site location specified under Sec. 1.1307(a) (1)-(7), 
or
    (2) Involve high intensity lighting under Sec. 1.1307(a)(8).
    (3) Result in human exposure to radiofrequency radiation in excess 
of the applicable safety standards specified in Sec. 1.1307(b).

    Note 1: The provisions of Sec. 1.1307(a) of this part requiring the 
preparation of EAs do not encompass the mounting of antenna(s) on an 
existing building or antenna tower unless Sec. 1.1307(a)(4) of this 
part is applicable. Such antennas are subject to Sec. 1.1307(b) of this 
part and require EAs if their construction would result in human 
exposure to radiofrequency radiation in excess of the applicable health 
and safety guidelines cited in Sec. 1.1307(b) of this part. The 
provisions of Sec. 1.1307 (a) and (b) of this part do not encompass the 
installation of aerial wire or cable over existing aerial corridors of 
prior or permitted use or the underground installation of wire or cable 
along existing underground corridors of prior or permitted use, 
established by the applicant or others. The use of existing buildings, 
towers or corridors is an environmentally desirable alternative to the 
construction of new facilities and is encouraged. The provisions of 
Sec. 1.1307(a) and (b) of this part do not encompass the construction 
of new submarine cable systems.
    Note 2: The specific height of an antenna tower or supporting 
structure, as well as the specific diameter of a satellite earth 
station, in and of itself, will not be deemed sufficient to warrant 
environmental processing, see Sec. Sec. 1.1307 and 1.1308.
    Note 3: The construction of an antenna tower or supporting structure 
in an established ``antenna farm'': (i.e., an area in which similar 
antenna towers are clustered, whether or not such area has been 
officially designated as an antenna farm), will be categorically 
excluded unless one or more of the antennas to be mounted on the tower 
or structure are subject to the provisions of Sec. 1.1307(b) and the 
additional radiofrequency radiation from the antenna(s) on the new tower 
or structure would cause human exposure in excess of

[[Page 325]]

the applicable health and safety guidelines cited in Sec. 1.1307(b).

[51 FR 15000, Apr. 22, 1986, as amended at 51 FR 18889, May 23, 1986; 53 
FR 28393, July 28, 1988; 56 FR 13414, Apr. 2, 1991; 64 FR 19061, Apr. 
19, 1999]



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),

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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.



Sec. 1.1308  Consideration of environmental assessments (EAs); findings 
of no significant impact.

    (a) Applicants shall prepare EAs for actions that may have a 
significant environmental impact (see Sec. 1.1307). An EA is described 
in detail in Sec. 1.1311 of this part of the Commission rules.
    (b) The EA is a document which shall explain the environmental 
consequences of the proposal and set forth sufficient analysis for the 
Bureau or the Commission to reach a determination that the proposal will 
or will not have a significant environmental effect. To assist in making 
that determination, the Bureau or the Commission may request further 
information from the applicant, interested persons, and agencies and 
authorities which have jurisdiction by law or which have relevant 
expertise.

    Note: With respect to actions specified under Sec. 1.1307 (a)(3) 
and (a)(4), the Commission shall solicit and consider the comments of 
the Department of Interior, and the State Historic Preservation Officer 
and the Advisory Council on Historic Preservation, respectively, in 
accordance with their established procedures. See Interagency 
Cooperation--Endangered Species Act of 1973, as amended, 50 CFR part 
402; Protection of Historic and Cultural Properties, 36 CFR part 800. In 
addition, when an action interferes with or adversely affects an 
American Indian tribe's religious site, the Commission shall solicit the 
views of that American Indian tribe. See Sec. 1.1307(a)(5).

    (c) If the Bureau or the Commission determines, based on an 
independent review of the EA and any applicable mandatory consultation 
requirements imposed upon Federal agencies (see note above), that the 
proposal will have a significant environmental impact upon the quality 
of the human environment, it will so inform the applicant. The applicant 
will then have an opportunity to amend its application so as to reduce, 
minimize, or eliminate environmental problems. See Sec. 1.1309. If the 
environmental problem is not eliminated, the Bureau will publish in the 
Federal Register a Notice of Intent (see Sec. 1.1314) that EISs will be 
prepared (see Sec. Sec. 1.1315 and 1.1317), or
    (d) If the Bureau or Commission determines, based on an independent 
review of the EA, and any mandatory consultation requirements imposed 
upon Federal agencies (see the note to paragraph (b) of this section), 
that the proposal would not have a significant impact, it will make a 
finding of no significant impact. Thereafter, the application will be 
processed without further documentation of environmental effect. 
Pursuant to CEQ regulations, see 40 CFR 1501.4 and 1501.6, the applicant 
must provide the community notice of the Commission's finding of no 
significant impact.

[51 FR 15000, Apr. 22, 1986; 51 FR 18889, May 23, 1986, as amended at 53 
FR 28394, July 28, 1988]



Sec. 1.1309  Application amendments.

    Applicants are permitted to amend their applications to reduce, 
minimize or eliminate potential environmental problems. As a routine 
matter, an applicant will be permitted to amend its application within 
thirty (30) days after the Commission or the Bureau informs the 
applicant that the proposal will have a significant impact upon the 
quality of the human environment (see Sec. 1.1308(c)). The period of 
thirty (30) days may be extended upon a showing of good cause.

[[Page 331]]



Sec. 1.1310  Radiofrequency radiation exposure limits.

    The criteria listed in table 1 shall be used to evaluate the 
environmental impact of human exposure to radiofrequency (RF) radiation 
as specified in Sec. 1.1307(b), except in the case of portable devices 
which shall be evaluated according to the provisions of Sec. 2.1093 of 
this chapter. Further information on evaluating compliance with these 
limits can be found in the FCC's OST/OET Bulletin Number 65, 
``Evaluating Compliance with FCC-Specified Guidelines for Human Exposure 
to Radiofrequency Radiation.''

    Note to Introductory Paragraph: These limits are generally based on 
recommended exposure guidelines published by the National Council on 
Radiation Protection and Measurements (NCRP) in ``Biological Effects and 
Exposure Criteria for Radiofrequency Electromagnetic Fields,'' NCRP 
Report No. 86, Sections 17.4.1, 17.4.1.1, 17.4.2 and 17.4.3. Copyright 
NCRP, 1986, Bethesda, Maryland 20814. In the frequency range from 100 
MHz to 1500 MHz, exposure limits for field strength and power density 
are also generally based on guidelines recommended by the American 
National Standards Institute (ANSI) in Section 4.1 of ``IEEE Standard 
for Safety Levels with Respect to Human Exposure to Radio Frequency 
Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992, 
Copyright 1992 by the Institute of Electrical and Electronics Engineers, 
Inc., New York, New York 10017.

                             Table 1--Limits for Maximum Permissible Exposure (MPE)
----------------------------------------------------------------------------------------------------------------
                                        Electric field     Magnetic field     Power density      Averaging time
       Frequency range  (MHz)          strength  (V/m)    strength  (A/m)       (mW/cm\2\)         (minutes)
----------------------------------------------------------------------------------------------------------------
                                (A) Limits for Occupational/Controlled Exposures
----------------------------------------------------------------------------------------------------------------
0.3-3.0.............................                614               1.63             *(100)                  6
3.0-30..............................             1842/f             4.89/f        *(900/f\2\)                  6
30-300..............................               61.4              0.163                1.0                  6
300-1500............................  .................  .................              f/300                  6
1500-100,000........................  .................  .................                  5                  6
-------------------------------------
                             (B) Limits for General Population/Uncontrolled Exposure
----------------------------------------------------------------------------------------------------------------
0.3-1.34............................                614               1.63             *(100)                 30
1.34-30.............................              824/f             2.19/f        *(180/f\2\)                 30
30-300..............................               27.5              0.073                0.2                 30
300-1500............................  .................  .................             f/1500                 30
1500-100,000........................  .................  .................                1.0                 30
----------------------------------------------------------------------------------------------------------------
f = frequency in MHz
* = Plane-wave equivalent power density
Note 1 to Table 1: Occupational/controlled limits apply in situations in which persons are exposed as a
  consequence of their employment provided those persons are fully aware of the potential for exposure and can
  exercise control over their exposure. Limits for occupational/controlled exposure also apply in situations
  when an individual is transient through a location where occupational/controlled limits apply provided he or
  she is made aware of the potential for exposure.
Note 2 to Table 1: General population/uncontrolled exposures apply in situations in which the general public may
  be exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware
  of the potential for exposure or can not exercise control over their exposure.


[61 FR 41016, Aug. 7, 1996]



Sec. 1.1311  Environmental information to be included in the environmental 
assessment (EA).

    (a) The applicant shall submit an EA with each application that is 
subject to environmental processing (see Sec. 1.1307). The EA shall 
contain the following information:
    (1) For antenna towers and satellite earth stations, a description 
of the facilities as well as supporting structures and appurtenances, 
and a description of the site as well as the surrounding area and uses. 
If high intensity white lighting is proposed or utilized within a 
residential area, the EA must also address the impact of this lighting 
upon the residents.
    (2) A statement as to the zoning classification of the site, and 
communications with, or proceedings before and determinations (if any) 
made by zoning, planning, environmental or other local, state or Federal 
authorities on matters relating to environmental effect.

[[Page 332]]

    (3) A statement as to whether construction of the facilities has 
been a source of controversy on environmental grounds in the local 
community.
    (4) A discussion of environmental and other considerations which led 
to the selection of the particular site and, if relevant, the particular 
facility; the nature and extent of any unavoidable adverse environmental 
effects, and any alternative sites or facilities which have been or 
might reasonably be considered.
    (5) Any other information that may be requested by the Bureau or 
Commission.
    (6) If endangered or threatened species or their critical habitats 
may be affected, the applicant's analysis must utilize the best 
scientific and commercial data available, see 50 CFR 402.14(c).
    (b) The information submitted in the EA shall be factual (not 
argumentative or conclusory) and concise with sufficient detail to 
explain the environmental consequences and to enable the Commission or 
Bureau, after an independent review of the EA, to reach a determination 
concerning the proposal's environmental impact, if any. The EA shall 
deal specifically with any feature of the site which has special 
environmental significance (e.g., wilderness areas, wildlife preserves, 
natural migration paths for birds and other wildlife, and sites of 
historic, architectural, or archeological value). In the case of 
historically significant sites, it shall specify the effect of the 
facilities on any district, site, building, structure or object listed, 
or eligible for listing, in the National Register of Historic Places. It 
shall also detail any substantial change in the character of the land 
utilized (e.g., deforestation, water diversion, wetland fill, or other 
extensive change of surface features). In the case of wilderness areas, 
wildlife preserves, or other like areas, the statement shall discuss the 
effect of any continuing pattern of human intrusion into the area (e.g., 
necessitated by the operation and maintenance of the facilities).
    (c) The EA shall also be accompanied with evidence of site approval 
which has been obtained from local or Federal land use authorities.
    (d) To the extent that such information is submitted in another part 
of the application, it need not be duplicated in the EA, but adequate 
cross-reference to such information shall be supplied.
    (e) An EA need not be submitted to the Commission if another agency 
of the Federal Government has assumed responsibility for determining 
whether of the facilities in question will have a significant effect on 
the quality of the human environment and, if it will, for invoking the 
environmental impact statement process.

[51 FR 15000, Apr. 22, 1986, as amended at 51 FR 18889, May 23, 1986; 53 
FR 28394, July 28, 1988]



Sec. 1.1312  Facilities for which no preconstruction authorization is 
required.

    (a) In the case of facilities for which no Commission authorization 
prior to construction is required by the Commission's rules and 
regulations the licensee or applicant shall initially ascertain whether 
the proposed facility may have a significant environmental impact as 
defined in Sec. 1.1307 of this part or is categorically excluded from 
environmental processing under Sec. 1.1306 of this part.
    (b) If a facility covered by paragraph (a) of this section may have 
a significant environmental impact, the information required by Sec. 
1.1311 of this part shall be submitted by the licensee or applicant and 
ruled on by the Commission, and environmental processing (if invoked) 
shall be completed, see Sec. 1.1308 of this part, prior to the 
initiation of construction of the facility.
    (c) If a facility covered by paragraph (a) of this section is 
categorically excluded from environmental processing, the licensee or 
applicant may proceed with construction and operation of the facility in 
accordance with the applicable licensing rules and procedures.
    (d) If, following the initiation of construction under this section, 
the licensee or applicant discovers that the proposed facility may have 
a significant environmental effect, it shall immediately cease 
construction which may have that effect, and submit the information 
required by Sec. 1.1311 of this part. The Commission shall rule on that 
submission and complete further

[[Page 333]]

environmental processing (if invoked), see Sec. 1.1308 of this part, 
before such construction is resumed.
    (e) Paragraphs (a) through (d) of this section shall not apply to 
the construction of mobile stations.

[55 FR 20396, May 16, 1990, as amended at 56 FR 13414, Apr. 2, 1991]



Sec. 1.1313  Objections.

    (a) In the case of an application to which section 309(b) of the 
Communications Act applies, objections based on environmental 
considerations shall be filed as petitions to deny.
    (b) Informal objections which are based on environmental 
considerations must be filed prior to grant of the construction permit, 
or prior to authorization for facilities that do not require 
construction permits, or pursuant to the applicable rules governing 
services subject to lotteries.



Sec. 1.1314  Environmental impact statements (EISs).

    (a) Draft Environmental Impact Statements (DEISs) (Sec. 1.1315) and 
Final Environmental Impact Statements (FEISs) (referred to collectively 
as EISs) (Sec. 1.1317) shall be prepared by the Bureau responsible for 
processing the proposal when the Commission's or the Bureau's analysis 
of the EA (Sec. 1.1308) indicates that the proposal will have a 
significant effect upon the environment and the matter has not been 
resolved by an amendment.
    (b) As soon as practically feasible, the Bureau will publish in the 
Federal Register a Notice of Intent to prepare EISs. The Notice shall 
briefly identify the proposal, concisely describe the environmental 
issues and concerns presented by the subject application, and generally 
invite participation from affected or involved agencies, authorities and 
other interested persons.
    (c) The EISs shall not address non-environmental considerations. To 
safeguard against repetitive and unnecessarily lengthy documents, the 
Statements, where feasible, shall incorporate by reference material set 
forth in previous documents, with only a brief summary of its content. 
In preparing the EISs, the Bureau will identify and address the 
significant environmental issues and eliminate the insignificant issues 
from analysis.
    (d) To assist in the preparation of the EISs, the Bureau may request 
further information from the applicant, interested persons and agencies 
and authorities, which have jurisdiction by law or which have relevant 
expertise. The Bureau may direct that technical studies be made by the 
applicant and that the applicant obtain expert opinion concerning the 
potential environmental problems and costs associated with the proposed 
action, as well as comparative analyses of alternatives. The Bureau may 
also consult experts in an effort to identify measures that could be 
taken to minimize the adverse effects and alternatives to the proposed 
facilities that are not, or are less, objectionable. The Bureau may also 
direct that objections be raised with appropriate local, state or 
Federal land use agencies or authorities (if their views have not been 
previously sought).
    (e) The Bureau responsible for processing the particular application 
and, thus, preparing the EISs shall draft supplements to Statements 
where significant new circumstances occur or information arises relevant 
to environmental concerns and bearing upon the application.
    (f) The Application, the EA, the DEIS, and the FEIS and all related 
documents, including the comments filed by the public and any agency, 
shall be part of the administrative record and will be routinely 
available for public inspection.
    (g) If EISs are to be prepared, the applicant must provide the 
community with notice of the availability of environmental documents and 
the scheduling of any Commission hearings in that action.
    (h) The timing of agency action with respect to applications subject 
to EISs is set forth in 40 CFR 1506.10. No decision shall be made until 
ninety (90) days after the Notice of Availability of the Draft 
Environmental Impact Statement is published in the Federal Register, and 
thirty (30) days after the Notice of Availability of the Final 
Environmental Impact Statement is published in the Federal Register, 
which time period may run concurrently, See

[[Page 334]]

40 CFR 1506.10(c); see also Sec. Sec. 1.1315(b) and 1.1317(b).
    (i) Guidance concerning preparation of the Draft and Final 
Environmental Statements is set out in 40 CFR part 1502.

[51 FR 15000, Apr. 22, 1986, as amended at 53 FR 28394, July 28, 1988]



Sec. 1.1315  The Draft Environmental Impact Statement (DEIS); Comments.

    (a) The DEIS shall include:
    (1) A concise description of the proposal, the nature of the area 
affected, its uses, and any specific feature of the area that has 
special environmental significance;
    (2) An analysis of the proposal, and reasonable alternatives 
exploring the important consequent advantages and/or disadvantages of 
the action and indicating the direct and indirect effects and their 
significance in terms of the short and long-term uses of the human 
environment.
    (b) When a DEIS and supplements, if any, are prepared, the 
Commission shall send five copies of the Statement, or a summary, to the 
Office of Federal Activities, Environmental Protection Agency. 
Additional copies, or summaries, will be sent to the appropriate 
regional office of the Environmental Protection Agency. Public Notice of 
the availability of the DEIS will be published in the Federal Register 
by the Environmental Protection Agency.
    (c) When copies or summaries of the DEIS are sent to the 
Environmental Protection Agency, the copies or summaries will be mailed 
with a request for comment to Federal agencies having jurisdiction by 
law or special expertise, to the Council on Environmental Quality, to 
the applicant, to individuals, groups and state and local agencies known 
to have an interest in the environmental consequences of a grant, and to 
any other person who has requested a copy.
    (d) Any person or agency may comment on the DEIS and the 
environmental effect of the proposal described therein within 45 days 
after notice of the availability of the statement is published in the 
Federal Register. A copy of those comments shall be mailed to the 
applicant by the person who files them pursuant to 47 CFR 1.47. An 
original and one copy shall be filed with the Commission. If a person 
submitting comments is especially qualified in any way to comment on the 
environmental impact of the facilities, a statement of his or her 
qualifications shall be set out in the comments. In addition, comments 
submitted by an agency shall identify the person(s) who prepared them.
    (e) The applicant may file reply comments within 15 days after the 
time for filing comments has expired. Reply comments shall be filed with 
the Commission in the same manner as comments, and shall be served by 
the applicant on persons or agencies which filed comments.
    (f) The preparation of a DEIS and the request for comments shall not 
open the application to attack on other grounds.



Sec. 1.1317  The Final Environmental Impact Statement (FEIS).

    (a) After receipt of comments and reply comments, the Bureau will 
prepare a FEIS, which shall include a summary of the comments, and a 
response to the comments, and an analysis of the proposal in terms of 
its environmental consequences, and any reasonable alternatives, and 
recommendations, if any, and shall cite the Commission's internal appeal 
procedures (See 47 CFR 1.101-1.120).
    (b) The FEIS and any supplements will be distributed and published 
in the same manner as specified in Sec. 1.1315. Copies of the comments 
and reply comments, or summaries thereof where the record is voluminous, 
shall be attached to the FEIS.



Sec. 1.1319  Consideration of the environmental impact statements.

    (a) If the action is subject to a hearing:
    (1) In rendering his initial decision, the Administrative Law Judge 
shall utilize the FEIS in considering the environmental issues, together 
with all other non-environmental issues. In a comparative context, the 
respective parties shall be afforded the opportunity to comment on the 
FEIS, and the Administrative Law Judge's decision shall contain an 
evaluation of the

[[Page 335]]

respective applications based on environmental and non-environmental 
public interest factors.
    (2) Upon review of an initial decision, the Commission will consider 
and assess all aspects of the FEIS and will render its decision, giving 
due consideration to the environmental and nonenvironmental issues.
    (b) In all non-hearing matters, the Commission, as part of its 
decision-making process, will review the FEIS, along with other relevant 
issues, to ensure that the environmental effects are specifically 
assessed and given comprehensive consideration.

[51 FR 15000, Apr. 22, 1986, as amended at 62 FR 4171, Jan. 29, 1997]