[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
[[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.
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]