[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Rules and Regulations]
[Pages 3232-3240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1350]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[ET Docket No. 93-62; FCC 96-487]
Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This First Memorandum Opinion and Order (``MO&O'') amends the
Commission's Rules to extend the transition period for applicants and
station licensees to determine compliance with our new requirements for
evaluating the environmental effects of radiofrequency (RF)
electromagnetic fields from transmitters regulated by the Federal
Communications Commission (FCC). For most radio services, the
transition period is extended by eight months to September 1, 1997. For
the Amateur Radio Service the transition period is extended to January
1, 1998. The extensions are necessary to allow applicants and licensees
adequate time to understand and implement requirements for ensuring
compliance with RF exposure guidelines adopted by the FCC in August of
1996.
EFFECTIVE DATES: January 22, 1997.
FOR FURTHER INFORMATION CONTACT: Robert Cleveland or Richard Engelman,
Office of Engineering and Technology, Federal Communications
Commission, (202) 418-2464.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Memorandum Opinion and Order (First MO&O) in ET Docket 93-62, FCC 96-
487, adopted December 23, 1996, and released December 24, 1996. The
complete text of the First MO&O is available for inspection and copying
during business hours in the FCC Reference Center (Room 239), 1919 M
Street, N.W., Washington, D.C., and also may be purchased from the
Commission's copy contractor, International Transcription Services,
Inc., (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C.
20037. The text of the First MO&O can also be viewed and downloaded
from the World Wide Web site of the FCC's Office of Engineering and
Technology. The address is: www.fcc.gov/Bureaus/Engineering_
Technology/Orders/fcc96487.txt.
Summary of the First Memorandum Opinion and Order
1. On August 1, 1996, the FCC adopted a Report and Order, 61 FR
41006, August 7, 1996, in this proceeding which amended the FCC's rules
for evaluating the environmental effects of radiofrequency (RF)
electromagnetic fields produced by FCC-regulated transmitters.1
Human exposure to RF electromagnetic fields is one of several
environmental factors considered by the FCC in determining whether its
actions may adversely affect the quality of the human environment as
required by the National Environmental Policy Act (NEPA).2 The
FCC's Report and Order adopted new guidelines and methods for
evaluating human exposure to RF fields based on updated recommendations
from the National Council on Radiation Protection and Measurements
(NCRP) and the American National Standards Institute (ANSI).
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\1\ See Report and Order, ET Docket 93-62, 11 FCC Rcd 15123
(1996).
\2\ National Environmental Policy Act of 1969, 42 U.S.C. Section
4321, et seq.
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2. The Report and Order also provided a transition period for
applicants and stations to come into compliance with the new
guidelines. After considering the comments filed in this proceeding and
the impact of the new requirements, the FCC concluded that the new
requirements would apply to station applications filed after January 1,
1997, as described in the amended 47 CFR 1.1307(b)(4). Also,
recognizing that this relatively short transition period might cause
some difficulties for certain applicants, we gave our Bureaus delegated
authority for one year to address, through the granting of waivers or
similar actions, the specific needs of individual parties that make a
good-cause showing that they require additional time to comply with the
new guidelines.
3. Seventeen petitions for reconsideration and/or clarification, as
well as a motion for extension of the effective date, were filed in
response to the Report and Order. The petitioners ask that we extend
the transition period beyond January 1, 1997, arguing that the existing
transition period does not allow adequate time for affected parties to
achieve compliance with the new requirements. This request is supported
by comments filed by others in response to these petitions. In
addition, the Amateur Radio Relay League, Inc., (ARRL) requests that we
provide a reasonable transition period for compliance with the
requirements adopted in the Report and Order regarding amateur radio
license examinations and question pools.
4. Opposition to the proposals to extend the transition period was
filed by several groups. These latter parties generally argue that an
extension could result in adverse public health risks and would allow
the continued proliferation of facilities that do not comply with the
new requirements.
5. The Commission has decided to grant the petitioners' request to
extend the transition period. We are extending the transition period so
that the new RF guidelines will apply to station applications filed
after September 1,
[[Page 3233]]
1997, as described in Section 1.1307(b)(4) of the rules. When we
adopted the Report and Order, we anticipated that it might cause
difficulties for certain applicants to have to determine compliance
with the new RF guidelines by January 1, 1997. Accordingly, we gave
delegated authority to our Bureaus to extend this transition period on
a case-by-case basis. Based on the petitions and comments we have now
received, it is clear that most station applicants will need additional
time to determine that they comply with the new requirements. An
extension of the transition period would eliminate the need for the
filing and granting of individual waiver requests, and would allow time
for our applicants and licensees to review the results of the decisions
we will be taking in the near future to address the other issues raised
in the petitions. It would also allow applicants to review the revised
Bulletin 65 and to make the necessary measurements or calculations to
determine that they are in compliance.
6. While we concur with petitioners who request that we extend the
transition period, we believe that it would be unnecessary, in most
circumstances, to extend the transition period for a full year or more.
At the same time, we do not concur with petitioners who suggest that
granting any extension of the transition period will have significant
adverse effects on public health. Accordingly, we are extending the
transition period for station applications until September 1, 1997.
7. We are also extending the transition period to January 1, 1998,
for amateur operators to come into compliance with the new
requirements. We see merit in the arguments expressed by the ARRL that,
due to the uniqueness of the Amateur Radio Service, additional time is
needed to ensure compliance. In particular, we note that amateur
stations can use a wide variety of equipment and antennas, and this can
make it very difficult to determine whether excessive RF
electromagnetic fields may be produced by individual stations.
Furthermore, all amateur radio stations in the past had been
categorically exempt from these regulations, and many amateur operators
may not be familiar with the new requirements and may need additional
time to determine how to perform correctly a routine environmental
evaluation.
8. With respect to amateur operator license examination
requirements, we agree with the arguments raised by the ARRL. The
volunteers recently released revised versions of two of the pools which
contain the required questions. Teachers and publishers are currently
incorporating the new material into training manuals and courses for
use by those preparing to take the examinations starting July 1, 1997.
Work is also underway to similarly revise the third and final question
pool for use starting July 1, 1998. We are, therefore, staying the
enforcement of the new examination provisions adopted in the Report and
Order in the amended 47 CFR Sec. 97.503(b) to July 1, 1997, with
respect to Element 2 and 3(A) examinations and to July 1, 1998, with
respect to Element 3(B) examinations. Recognizing that a relatively
short transition period might cause some difficulties for certain
applicants, we are delegating authority, as we did in the Report and
Order, to our Bureaus until July 1, 1998, to address the specific needs
of individual parties that make a good cause showing that they require
additional time to meet the new guidelines. Such relief could come
through waivers of our rules or through other similar actions.
9. The rules we are adopting temporarily relieve existing
restrictions. Pursuant to 5 U.S.C. Secs. 553(d)(1) and 553(d)(3), we
find that good cause exists to make these rules effective immediately
rather than to follow the normal practice of making them effective 30
days after publication in the Federal Register. This will permit all
parties filing applications during the next 30 days to take advantage
of the extension of the transition periods. Accordingly, pursuant to
the authority contained in Sections 4(i), 7(a), 303(c), 303(f), 303(g),
303(r) and 332(c)(7) of the Communications Act of 1934, as amended, 47
U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), 303(r) and
332(c)(7), it is ordered that, effective upon adoption, Part 1 of the
Commission's Rules and Regulations, 47 CFR Part 1, is amended as
specified in rule changes.
10. It is further ordered that, to the extent discussed above and
as reflected in the new rules, certain aspects of the various petitions
and motions filed in this proceeding are granted. It is also ordered
that motions filed by the Ad-hoc Association of Parties Concerned about
the Federal Communications Commission's Radiofrequency Health and
Safety Rules (``Ad-hoc Association'') to accept a late-filed petition
for reconsideration, by the Ad-hoc Association to accept a late filed
reply to an opposition to a petition for reconsideration, and by the
Cellular Phone Taskforce to accept a late-filed opposition to petition
for reconsideration and clarification are granted. Because the
decisions we are taking in this proceeding relate specifically to
important public health issues, we believe that it is in the public
interest to consider these late-filed documents along with all of the
other timely petitions and comments in this proceeding. It is also
ordered that enforcement of the amendments to 47 CFR Secs. 97.503(b)(1)
and 97.503(b)(2) adopted in the Report and Order are stayed until July
1, 1997, and enforcement of the amendments to 47 CFR Sec. 97.503(b)(3)
is stayed until July 1, 1998.
Final Regulatory Flexibility Analysis
11. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. Sec. 603 (RFA), an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the Notice of Proposed Rule Making (Notice),
58 FR 19393, March 14, 1993.3 The Commission sought written public
comments on the proposals in the Notice, including on the IRFA. In the
Report and Order in this proceeding, the Commission adopted a Final
Regulatory Flexibility Analysis (FRFA).4 Petitions for
reconsideration were filed in response to the Report and Order by
seventeen parties. Several technical and legal issues have been raised
in the petitions and subsequent comments. In addition, several
petitions have raised questions about the original FRFA. This First
Memorandum Opinion and Order addresses those petitions and comments
requesting extension of the transition period specified in the Report
and Order. We intend to address the other issues raised in the
petitions in a separate action in the very near future. This FRFA
addresses the impact of the extension of the transition period as well
as the comments that were made on the original FRFA contained in the
Report and Order. The FRFA conforms to the RFA, as amended by the
Contract With America Advancement Act of 1996 (CWAAA), Public Law No.
104-121, 110 Stat. 847 (1996).5
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\3\ See Notice of Proposed Rule Making, ET Docket No. 93-62, 8
FCC Rcd 2849 (1993).
\4\ See Appendix A to Report and Order, ET Docket 93-62, 11 FCC
Rcd 15123 (1996), 61 FR 41006 (August 7, 1996).
\5\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
Sec. 601 et seq.
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12. Need for and Purpose of This Action
The National Environmental Policy Act (NEPA) of 1969 requires
agencies of the Federal Government to evaluate the effects of their
actions on the quality of the human environment. To meet its
responsibilities under NEPA, the Commission has adopted revised
[[Page 3234]]
radiofrequency (RF) exposure guidelines for purposes of evaluating
potential environmental effects of RF electromagnetic fields produced
by FCC-regulated facilities. The new guidelines reflect more recent
scientific studies of the biological effects of RF electromagnetic
fields. Based on the petitions and comments received in response to the
Report and Order, it is clear that most station applicants need
additional time to understand the new requirements and determine that
they comply with them. This First Memorandum Opinion and Order
addresses those needs.
13. Summary of Issues Raised by the Public Comments in Response to the
Initial Regulatory Flexibility Analysis
No comments were filed in direct response to the IRFA. In general
comments on the Notice, however, some commenters raised issues that
might affect small entities. These issues were discussed in the FRFA
contained in the Report and Order in this proceeding.
14. Summary of Issues Raised Regarding the Final Regulatory Flexibility
Analysis (FRFA) by the Petitions, Motions, and Comments in Response to
the Report and Order
The American Radio Relay League, Inc. (ARRL), points out that we
did not consider in the original FRFA the impact that new amateur
operator license examination requirements would have on the ARRL and
other Volunteer Examiner Coordinators (VEC), which the ARRL alleges
should be treated as small business entities. 6 The ARRL expresses
particular concern that the new rules, which were effective
immediately, required that additional questions be added to the amateur
operator license examinations. The ARRL indicates that the examinations
now in circulation do not contain the requisite number of questions,
and it would be impossible for the thousands of volunteer examiners
(VEs) to comply with the new requirements unless they are given time to
implement them. The ARRL requests that the implementation dates for the
new examination requirements be extended to July 1, 1997, for certain
examinations and to July 1, 1998, for other examinations. The ARRL
maintains that such an extension would permit the VECs to make the
required changes as they are routinely revising the existing
examinations.
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\6\ See ARRL ``Motion for Extension of Effective Date of
Rules,'' filed on November 7, 1996, at 1-6.
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15. Paging Network, Inc. (PageNet) and the Personal Communications
Industry Association (PCIA) maintain that the original FRFA
underestimates the number of transmitters that will require a
determination of compliance with the new rules and the associated
burden on communications carriers.7 PCIA notes that the original
FRFA indicates that we receive only 10,000 paging applications a year,
and calculates that only 1176 will be subject to routine environmental
evaluation. According to PCIA, however, many paging facilities can be
constructed without prior Commission authorization and, therefore,
significant numbers of facilities are built annually that are not
included in the 10,000 total. Further, PCIA continues, some of those
10,000 applications are renewal applications that may cover hundreds of
sites, and the assumption that only 11% will require evaluation does
not appear to be accurate. PCIA notes that initial feedback from
carriers indicates that a substantially higher number of applications
will require routine evaluation. PCIA also calls our estimate of one
burden hour per routine evaluation ``unrealistic.'' Instead, PCIA
maintains, the process of evaluation may possibly involve a site visit
and field measurements, which can take 24 hours.
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\7\ PageNet Petition at 2-3, PCIA Petition at 11.
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16. These comments have been considered during the preparation of
this revised FRFA, as indicated in Section IV below. In addition, as
discussed in Section V, we have taken certain steps to address the
concerns raised regarding the amount of burden imposed by these rules.
17. Description and Estimate of the Small Entities Subject to the
Rules.
The rules being adopted in this First Memorandum Opinion and Order
apply to the following eleven industry categories and services. The RFA
generally defines the term ``small business'' as having the same
meaning as the term ``small business concern'' under the Small Business
Act, 15 U.S.C. Sec. 632. Based on that statutory provision, we will
consider a small business concern one which (1) is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). The RFA SBREFA provisions also apply to nonprofit
organizations and to governmental organizations. Since the Regulatory
Flexibility Act amendments were not in effect until the record in this
proceeding was closed, the Commission was unable to request information
regarding the number of small business within each of these services or
the number of small business that would be affected by this action. We
have, however, made estimates based on our knowledge about applications
that have been submitted in the past. To the extent that a government
entity may be a licensee or an applicant, the impact on those entities
is included in the estimates for small businesses below.
18. Under the new rules adopted in the Report and Order, many radio
services are categorically excluded from having to determine compliance
with the new RF exposure limits. This exclusion is based on a
determination that there is little potential for these services causing
exposures in excess of the limits. Within the following services that
are not categorically excluded in their entirety, many transmitting
facilities are categorically excluded based on antenna location and
power. These categorical exclusions significantly reduce the burden
associated with these rules, and may reduce the impact of these rules
on small businesses. Furthermore, the extension of the transition
periods contained in this First Memorandum Opinion and Order will
reduce the impact on applicants, particularly small businesses, by
allowing them adequate time to understand the new requirements and
ensure that their facilities are in compliance with them in a orderly
and reasonable manner.
A. Cellular Radio Telephone Service
19. The Commission has not developed a definition of small entities
applicable to cellular licensees. Therefore, the applicable definition
of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radiotelephone companies. This
definition provides that a small entity is a radiotelephone company
employing fewer than 1,500 persons.8 Since the Regulatory
Flexibility Act amendments were not in effect until the record in this
proceeding was closed, the Commission was unable to request information
regarding the number of small cellular businesses and is unable at this
time to make a precise estimate of the number of cellular firms which
are small businesses.
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\8\ 13 CFR Sec. 121.201, Standard Industrial Classification
(SIC) Code 4812.
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20. The size data provided by the SBA does not enable us to make a
meaningful estimate of the number of cellular providers which are small
entities because it combines all radiotelephone
[[Page 3235]]
companies with 500 or more employees.9 We therefore used the 1992
Census of Transportation, Communications, and Utilities, conducted by
the Bureau of the Census, which is the most recent information
available. That census shows that only 12 radiotelephone firms out of a
total of 1,178 such firms which operated during 1992 had 1,000 or more
employees.10 Therefore, even if all 12 of these large firms were
cellular telephone companies, all of the remainder were small
businesses under the SBA's definition. We assume that, for purposes of
our evaluations and conclusions in the Final Regulatory Flexibility
Analysis, all of the current cellular licensees are small entities, as
that term is defined by the SBA. Although there are 1,758 cellular
licenses, we do not know the number of cellular licensees, since a
cellular licensee may own several licenses.
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\9\ U.S. Small Business Administration 1992 Economic Census
Employment Report, Bureau of the Census, U.S. Department of
Commerce, SIC Code 4812 (radiotelephone communications industry data
adopted by the SBA Office of Advocacy).
\10\ U.S. Bureau of the Census, U.S. Department of Commerce,
1992 Census of Transportation, Communications, and Utilities, UC92-
S-1, Subject Series, Establishment and Firm Size, Table 5,
Employment Size of Firms: 1992, SIC Code 4812 (issued May 1995).
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21. We assume that all of the current rural cellular licensees are
small businesses. Two small business associations filed comments in our
proceeding on ``Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems'' of
relevance. The Organization for the Protection and Advancement of Small
Telephone Companies (OPASTCO) states that 2/3 of its 440 members
provide cellular service.11 The Rural Cellular Association (RCA)
states that its members serve 80 cellular service areas.12 We
recognize that these numbers represent only part of the current rural
cellular licensees because there might be other rural companies not
represented by either association.
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\11\ OPASTCO Comments at 1-2, CC Docket No. 94-102, filed
January 9, 1995.
\12\ RCA Comments at 2, CC Docket No. 94-102, filed January 9,
1995.
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22. The Commission processes roughly 700 applications for cellular
transmitters facilities, involving 7,000 site locations, per year.
Because we do not require licensees to provide us with site
information, we cannot predict precisely how many of these applications
will exceed our categorical exclusion criteria. However, we estimate
that approximately 2,800 transmitting facilities will exceed the
categorical exclusion criteria and will require a determination of
compliance with the new RF exposure limits, based on calculations or
measurements.
B. Personal Communications Service (PCS)
23. The broadband PCS spectrum is divided into six frequency blocks
designated A through F. Pursuant to 47 CFR Sec. 24.720(b), the
Commission has defined ``small entity'' for Blocks C and F licensees as
firms that had average gross revenues of less than $40 million in the
three previous calendar years. This regulation defining ``small
entity'' in the context of broadband PCS auctions has been approved by
the SBA. 13
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\13\ See Implementation of Section 309(j) of the Communications
Act--Competitive Bidding, PP Docket No. 93-253, Fifth Report and
Order, 9 FCC Rcd 5532, 5581-84 (1994).
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24. The Commission has auctioned broadband PCS licenses in Blocks
A, B, and C. We do not have sufficient data to determine how many small
businesses under the Commission's definition bid successfully for
licenses in Blocks A and B. As of now, there are approximately 90 non-
defaulting winning bidders that qualify as small entities in the Block
C auctions. Based on this information, we conclude that the number of
broadband PCS licensees affected by the rule adopted in this Report and
Order includes the 90 non-defaulting winning bidders that qualify as
small entities in the Block C broadband PCS auction.
25. At present, no licenses have been awarded for Blocks D, E, and
F for spectrum. Therefore, there are no small businesses currently
providing these services. However, a total of 1,479 licenses will be
awarded in the D, E, and F Block broadband PCS auctions, which have
started. Eligibility for the 493 F Block licensees is limited to
``entrepreneurs'' with the average gross revenues of less than $125
million in the last two years. However, we cannot estimate how many
small businesses under the Commission's definition will win F Block
licenses, or D and E Block licenses. Given the fact that nearly all
radiotelephone companies have fewer than 1,000 employees and that no
reliable estimate of the number of prospective D, E, and F Block
licensees can be made, we assume, for purposes of our evaluations and
conclusions in this FRFA, that all of the licenses will be awarded to
small entities, as that term is defined by the SBA.
26. After all PCS licenses have been issued, the Commission expects
to receive approximately 1,000 applications per year involving 10,000
sites. Because we do not require licensees to provide us with site
information, we cannot predict precisely how many of these applications
will exceed our categorical exclusion criteria. However, we estimate
that approximately 3000 sites will not meet the categorical exclusion
criteria and will involve a determination of compliance with the RF
exposure guidelines.
C. Private Land Mobile Radio Services, Specialized Mobile Radio (SMR)
27. Pursuant to 47 CFR Sec. 90.814(b)(1), the Commission has
defined ``small entity'' for geographic area 800 MHz and 900 MHz SMR
licenses as firms that had average gross revenues of less than $15
million in the three previous calendar years. This regulation defining
``small entity'' in the context of 800 MHz and 900 MHz SMR has been
approved by the SBA.14
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\14\ See Amendment of Parts 2 and 90 of the Commission's Rules
to Provide for the Use of 200 Channels Outside the Designated Filing
Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the
Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Order on
Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2693-
702 (1995); Amendment of Part 90 of the Commission's Rules to
Facilitate Future Development of SMR Systems in the 800 MHz
Frequency Band, PR Docket No. 93-144, First Report and Order, Eighth
Report and Order, and Second Further Notice of Proposed Rulemaking,
11 FCC Rcd 1463 (1995).
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28. The rule adopted in the Report and Order applied only to
certain ``covered'' SMR providers in the 800 MHz and 900 MHz bands that
either hold geographic area licenses or have obtained extended
implementation authorizations. We do not know how many firms provide
800 MHz or 900 MHz geographic area SMR service pursuant to extended
implementation authorizations, nor how many of these providers have
average gross revenues of less than $15 million. Since the Regulatory
Flexibility Act amendments were not in effect until the record in this
proceeding was closed, the Commission was unable to request information
regarding the number of small businesses in this category. We do know
that one of these firms has over $15 million in average gross revenues.
We assume, for purposes of our evaluations and conclusions in this
FRFA, that the remaining existing extended implementation
authorizations may be held by small entities, as that term is defined
by the SBA.
29. The Commission recently held auctions for geographic area
licenses in the 900 MHz SMR band. There were 60
[[Page 3236]]
winning bidders who qualified as small entities under the Commission's
definition in the 900 MHz auction. Based on this information, we
conclude that the number of geographic area SMR licensees affected by
the rule adopted in the Report and Order includes these 60 small
entities.
30. No auctions have been held for 800 MHz geographic area SMR
licenses. Therefore, no small entities currently hold these licenses. A
total of 525 licenses will be awarded for the upper 200 channels in the
800 MHz geographic area SMR auction. However, the Commission has not
yet determined how many licenses will be awarded for the lower 230
channels in the 800 MHz geographic area SMR auction. There is no basis
to estimate, moreover, how many small entities within the SBA's
definition will win these licenses. Given the facts that nearly all
radiotelephone companies have fewer than 1,000 employees and that no
reliable estimate of the number of prospective 800 MHz licensees can be
made, we assume, for purposes of our evaluations and conclusions in
this FRFA, that all of the licenses will be awarded to small entities,
as that term is defined by the SBA.
31. The Commission receives about 3,000 applications for covered
SMR transmitters facilities per year. We do not have adequate
information to predict precisely how many of these applications will
exceed our categorical exclusion criteria. However, we estimate that
approximately 1,000 transmitters will exceed categorical exclusion
criteria and will require a determination of compliance.
D. Satellite Communications Services
32. The Commission has not developed a definition of small entities
applicable to satellite communications licensees. Therefore, the
applicable definition of small entity is the definition under the Small
Business Administration (SBA) rules applicable to Communications
Services, Not Elsewhere Classified. This definition provides that a
small entity is expressed as one with $11.0 million or less in annual
receipts.15
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\15\ 13 CFR Sec. 121.201, Standard Industrial Classification
(SIC) Code 4899.
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33. Because the Regulatory Flexibility Act amendments were not in
effect until the comment period for this proceeding was closed, the
Commission was unable to request information regarding the number of
licensees in the international services discussed below that meet this
definition of a small business. Thus, we are providing an estimate of
licensees that constitute a small business.
34. Fixed Satellite Earth Stations. Fixed satellite earth stations
include international and domestic earth stations operating in the 4/6
GHz AND 11/12/14 GHz bands. There are approximately 4200 earth station
authorizations, a portion of which are Fixed Satellite Earth Stations.
Although we were unable to request the revenue information, we estimate
that some of the licensees of these earth stations would constitute a
small business under the SBA definition.
35. Fixed Satellite Small Earth Stations. Small transmit/receive
earth stations operate in the 4/6 GHz frequency bands with antennas
that are two meters or less in diameter. There are 4200 earth station
authorizations, a portion of which are Fixed Satellite Small Earth
Stations. Although we were unable to request the revenue information,
we estimate that some of the fixed satellite small earth stations would
constitute a small business under the SBA definition.
36. Fixed Satellite Very Small Aperture Terminal (VSAT) Systems.
VSAT systems operate in the 12/14 GHz frequency bands. Although various
size small earth stations may be used, all stations of a particular
size must be technically identical. Because these stations operate on a
primary basis, frequency coordination with terrestrial microwave
systems is not required. Thus, a single ``blanket'' application may be
filed for a specified number of small antennas and one or more hub
stations. The Commission has processed 377 applications for fixed
satellite VSAT systems. At this time, we are unable to make a precise
estimate of the number of small businesses that are VSAT system
licensees and could be impacted by this action.
37. Mobile Satellite Earth Stations. Mobile satellite earth
stations are intended to be used while in motion or during halts at
unspecified points. These stations operate as part of a network that
includes a fixed hub station or stations. The network may provide a
variety of land, maritime and aeronautical voice and data services.
There are 2 mobile satellite licensees. At this time, we are unable to
make a precise estimate of the number of small businesses that are
mobile satellite earth station licensees and could be impacted by this
action.
38. Radio Determination Satellite Earth Stations. A radio
determination satellite earth station is used in conjunction with a
radio determination satellite service (rdss) system for the purpose of
providing position location information. These stations operate as part
of a network that includes a fixed hub station or stations and operate
in the frequency bands (1610-1626.5 MHz and 2483.5-2500 MHz) allocated
to rdss. There are 4 licensees. At this time, we are unable to make a
precise estimate of the number of small businesses that are radio
determination satellite earth station licensees and could be impacted
by the forfeiture guidelines.
39. It should be noted that in most of the satellite areas
discussed above, the Commission issues one license to an entity but
generally issues blanket license authority for thousands or even
hundreds of thousands of earth stations or hand held transceivers.
Overall, the Commission receives about 600 applications for satellite
facilities per year. All applicants for satellite earth stations
(except for receive-only stations) must make a determination of
compliance with the limits, based on calculations or measurements.
E. Radio Broadcast Service
40. The extension of the transition period contained in this First
Memorandum Opinion and Order will apply to television broadcasting
licensees, radio broadcasting licensees and potential licensees of
either service. The Small Business Administration defines a television
broadcasting station that has no more than $10.5 million in annual
receipts as a small business.16 Television broadcasting stations
consist of establishments primarily engaged in broadcasting visual
programs by television to the public, except cable and other pay
television services.17 Included in this industry are commercial,
religious, educational, and other television stations.18 Also
included are establishments primarily engaged in television
broadcasting and which produce taped television program
[[Page 3237]]
materials.19 Separate establishments primarily engaged in
producing taped television program materials are classified under
another SIC number.20 There were 1,509 television stations
operating in the nation in 1992.21 That number has remained fairly
constant as indicated by the approximately 1,550 operating television
broadcasting stations in the nation as of August, 1996.22 For 1992
23 the number of television stations that produced less than $10.0
million in revenue was 1,155 establishments.24
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\16\ 13 CFR Sec. 121.201, Standard Industrial Code (SIC) 4833
(1996).
\17\ Economics and Statistics Administration, Bureau of Census,
U.S. Department of Commerce, 1992 ``CENSUS OF TRANSPORTATION,
COMMUNICATIONS AND UTILITIES, ESTABLISHMENT AND FIRM SIZE,'' Series
UC92-S-1, Appendix A-9 (1995).
\18\ Id. See Executive Office of the President, Office of
Management and Budget, Standard Industrial Classification Manual
(1987), at 283, which describes ``Television Broadcasting Stations
(SIC Code 4833) as:
Establishments primarily engaged in broadcasting visual programs
by television to the public, except cable and other pay television
services. Included in this industry are commercial, religious,
educational and other television stations. Also included here are
establishments primarily engaged in television broadcasting and
which produce taped television program materials.
\19\ Economics and Statistics Administration, Bureau of Census,
U.S. Department of Commerce, 1992 ``CENSUS OF TRANSPORTATION,
COMMUNICATIONS AND UTILITIES, ESTABLISHMENT AND FIRM SIZE,'' Series
UC92-S-1, Appendix A-9 (1995).
\20\ Id. SIC 7812 (Motion Picture and Video Tape Production);
SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services
(producers of live radio and television programs).
\21\ FCC News Release No. 31327, Jan. 13, 1993; Economics and
Statistics Administration, Bureau of Census, U.S. Department of
Commerce, supra. note 78, Appendix A-9.
\22\ FCC News Release No. 64958, Sept. 6, 1996.
\23\ Census for Communications' establishments are performed
every five years ending with a ``2'' or ``7''. See Economics and
Statistics Administration, Bureau of Census, U.S. Department of
Commerce, supra. note 78, III.
\24\ The amount of $10 million was used to estimate the number
of small business establishments because the relevant Census
categories stopped at $9,999,999 and began at $10,000,000. No
category for $10.5 million existed. Thus, the number is as accurate
as it is possible to calculate with the available information.
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41. Additionally, the Small Business Administration defines a radio
broadcasting station that has no more than $5 million in annual
receipts as a small business.25 A radio broadcasting station is an
establishment primarily engaged in broadcasting aural programs by radio
to the public.26 Included in this industry are commercial
religious, educational, and other radio stations.27 Radio
broadcasting stations which primarily are engaged in radio broadcasting
and which produce radio program materials are similarly
included.28 However, radio stations which are separate
establishments and are primarily engaged in producing radio program
material are classified under another SIC number.29 The 1992
Census indicates that 96 percent (5,861 of 6,127) radio station
establishments produced less than $5 million in revenue in 1992.30
Official Commission records indicate that 11,334 individual radio
stations were operating in 1992.31 As of August, 1996, official
Commission records indicate that 12,088 radio stations were
operating.32
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\25\ 13 CFR Sec. 121.201, SIC 4832.
\26\ Economics and Statistics Administration, Bureau of Census,
U.S. Department of Commerce, supra. note 78, Appendix A-9.
\27\ Id.
\28\ Id.
\29\ Id.
\30\ The Census Bureau counts radio stations located at the same
facility as one establishment. Therefore, each co-located AM/FM
combination counts as one establishment.
\31\ FCC News Release No. 31327, Jan. 13, 1993.
\32\ FCC News Release No. 64958, Sept. 6, 1996.
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42. Thus, the proposed rules will affect approximately 1,550
television stations; approximately 1,194 of those stations are
considered small businesses.33 Additionally, the proposed rules
will affect 12,088 radio stations, approximately 11,605 of which are
small businesses.34 These estimates may overstate the number of
small entities since the revenue figures on which they are based do not
include or aggregate revenues from non-television or non-radio
affiliated companies. We recognize that the proposed rules may also
impact minority and women owned stations, some of which may be small
entities. In 1995, minorities owned and controlled 37 (3.0%) of 1,221
commercial television stations and 293 (2.9%) of the commercial radio
stations in the United States.35 According to the U.S. Bureau of
the Census, in 1987 women owned and controlled 27 (1.9%) of 1,342
commercial and non-commercial television stations and 394 (3.8%) of
10,244 commercial and non-commercial radio stations in the United
States.36 We recognize that the numbers of minority and women
broadcast owners may have changed due to an increase in license
transfers and assignments since the passage of the 1996 Act.
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\33\ We use the 77 percent figure of TV stations operating at
less than $10 million for 1992 and apply it to the 1996 total of
1550 TV stations to arrive at 1,194 stations categorized as small
businesses.
\34\ We use the 96% figure of radio station establishments with
less than $5 million revenue from the Census data and apply it to
the 12,088 individual station count to arrive at 11,605 individual
stations as small businesses.
\35\ ``Minority Commercial Broadcast Ownership in the United
States'', U.S. Dep't of Commerce, National Telecommunications and
Information Administration, The Minority Telecommunications
Development Program (``MTDP'') (April 1996). MTDP considers minority
ownership as ownership of more than 50% of a broadcast corporation's
stock, voting control in a broadcast partnership, or ownership of a
broadcasting property as an individual proprietor. Id. The minority
groups included in this report are Black, Hispanic, Asian, and
Native American.
\36\ See Comments of American Women in Radio and Television,
Inc. in MM Docket No. 94-149 and MM Docket No. 91-140, at 4 n.4
(filed May 17, 1995), citing 1987 Economic Censuses, ``Women-Owned
Business,'' WB87-1, U.S. Dep't of Commerce, Bureau of the Census,
August 1990 (based on 1987 Census). After the 1987 Census report,
the Census Bureau did not provide data by particular communications
services (four-digit Standard Industrial Classification (SIC) Code),
but rather by the general two-digit SIC Code for communications
(#48). Consequently, since 1987, the U.S. Census Bureau has not
updated data on ownership of broadcast facilities by women, nor does
the FCC collect such data. However, we sought comment on whether the
Annual Ownership Report Form 323 should be amended to include
information on the gender and race of broadcast license owners.
``Policies and Rules Regarding Minority and Female Ownership of Mass
Media Facilities,'' Notice of Proposed Rulemaking, 10 FCC Rcd 2788,
2797 (1995).
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43. In addition to owners of operating radio and television
stations, any entity who seeks or desires to obtain a television or
radio broadcast license may be affected by the rules adopted in this
action. The number of entities that may seek to obtain a television or
radio broadcast license is unknown.
44. The Commission receives about 1,800 applications for broadcast
facilities per year. All applicants must make a determination of
compliance with the limits, either by calculation or measurement.
F. Stations in the Maritime Services
45. The Report and Order required licensees and applicants for ship
satellite earth terminals to make a determination of compliance with
the new RF exposure requirements. The Commission has not developed a
definition of small entities applicable to ship satellite earth station
licensees. Therefore, the applicable definition of small entity is the
definition under the Small Business Administration (SBA) rules
applicable to radiotelephone companies. This definition provides that a
small entity is a radiotelephone company employing fewer than 1,500
persons.
46. Ship mobile satellite service (MSS) stations are similar to
mobile satellite earth stations, as discussed above, except that earth
stations are aboard maritime vessels rather than traditional earth
stations in the MSS. In the area of ship MSS, the Commission has two
pending licensees for operation of the satellite service, one of which
can be considered small business.
47. The Commission receives about 272 applications for ship earth
stations per year. All applicants must make a determination of
compliance with the new RF exposure limits.
G. Experimental, Auxiliary, and Special Broadcast and Other Program
Distribution Services
48. This service involves a variety of transmitters, generally used
to relay broadcast programming to the public (through translator and
booster stations) or within the program distribution chain (from a
remote news gathering unit back to the station). It also includes
[[Page 3238]]
Instructional Television Fixed Service stations, which are used to
relay programming to the home or office, similar to that provided by
cable television systems. The Commission has not developed a definition
of small entities applicable to broadcast auxiliary licensees.
Therefore, the applicable definition of small entity is the definition
under the Small Business Administration (SBA) rules applicable to
radiotelephone companies. This definition provides that a small entity
is a radiotelephone company employing fewer than 1,500 persons.
49. Our computer databases show that there are 532 FM translator
and booster stations, 4,152 low power TV, TV translators and TV booster
stations, and 142 Instructional Television Fixed Service (ITFS)
stations which are not categorically excluded from complying with the
new RF exposure requirements adopted in the Report and Order.37
All of these stations would be impacted by the extension of the
transition period being adopted in this action. The FCC does not
collect financial information on any broadcast facility and the
Department of Commerce does not collect financial information on these
auxiliary broadcast facilities. We believe, however, that most, if not
all, of these auxiliary facilities, including Low Power TV stations,
could be classified as small businesses by themselves. We also
recognize that many translators and boosters are owned by a parent
station which, in some cases, would be covered by the revenue
definition of small business entity discussed above. These stations
would likely have annual revenues that exceed the SBA maximum to be
designated as a small business (either $5 million for a radio station
or $10.5 million for a TV station). As we indicated earlier, 96% of
radio stations and 77% of TV stations are designated as small.
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\37\ Low power TV, TV translators and boosters, and FM
translators and boosters are categorically excluded if their power
is less than or equal to 100 watts. ITFS stations are categorically
excluded if their power is less than 1640 watts EIRP or if the
center of their antenna is more than 10 meters above ground and the
antenna is not located on a rooftop. See 47 CFR Sec. 1.1307(b)(1).
Our database records do not indicate how many of the 142 ITFS
stations that are authorized more than 1640 watts operate with non-
rooftop antennas. According to the FCC news release, ``Broadcast
Station Totals as of June 30, 1996'', released July 10, 1996, there
are a total of 2,637 FM translator and booster stations, 4,910 TV
translator and booster stations, and 1,903 low power TV stations.
There are also 2,032 ITFS licensees.
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50. The approximate number of annual applications processed by the
Commission for this service is 1,032. We do not have adequate
information to predict precisely how many of these applications will
exceed our categorical exclusion criteria. However, based on our
existing database records, we would expect that 42% of these
applications would be required to have a determination made regarding
compliance with the new RF exposure limits.
H. Multipoint Distribution Service (MDS)
51. This service involves a variety of transmitters, which are most
commonly used to deliver programming to subscribers of wireless cable
systems, similar to that provided by cable television systems. The
Commission has refined the definition of ``small entity'' for the
auction of MDS as an entity that together with its affiliates has
average gross annual revenues that are not more than $40 million for
the preceding three calendar years.38 This definition of a small
entity in the context of MDS auctions has been approved by the
SBA.39
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\38\ 47 CFR Sec. 21.961(b)(1).
\39\ See ``Amendment of Parts 21 and 74 of the Commission's
Rules With Regard to Filing Procedures in the Multipoint
Distribution Service and in the Instructional Television Fixed
Service and Implementation of Section 309(j) of the Communications
Act--Competitive Bidding,'' MM Docket No. 94-31 and PP Docket No.
93-253, Report and Order, 10 FCC Rcd 9589 (1995).
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52. The Commission completed its MDS auction in March 1996 for
authorizations in 493 basic trading areas (BTAs). Of 67 winning
bidders, 61 qualified as small entities. Five bidders indicated that
they were minority-owned and four winners indicated that they were
women-owned businesses. MDS is a service heavily encumbered with
approximately 1,573 previously authorized and proposed MDS facilities
and information available to us indicates that no MDS facility
generates revenue in excess of $11 million annually. We conclude that
for purposes of this FRFA, there are approximately 1,634 small MDS
providers as defined by the SBA and the Commission's auction rules.
53. The approximate number of annual applications processed by the
Commission for MDS is 900. We do not have adequate information to
predict precisely how many of these applications will exceed our
categorical exclusion criteria. However, we estimate that approximately
113 will not meet the categorical exclusion criteria and have to make a
determination of compliance with the RF exposure limits.
I. Paging and Radiotelephone Service, and Private Land Mobile Radio
Services, Paging Operations
54. Since the Commission has not yet approved a small entities
definition for paging services, we will utilize the SBA's definition
applicable to radiotelephone companies, i.e., an entity employing less
than 1,500 persons.
55. The Commission anticipates that a total of 16,754 non-
nationwide geographic area licenses will be granted or auctioned. The
geographic area licenses will consist of 2,754 MTA licenses and 14,000
EA licenses. In addition to the 47 Rand McNally MTAs, the Commission is
licensing Alaska as a separate MTA and adding three MTAs for the U.S.
territories, for a total of 51 MTAs. No auctions of paging licenses
have been held yet, and there is no basis to determine the number of
licenses that will be awarded to small entities. Given the fact that
nearly all radiotelephone companies have fewer than 1,000 employees,
and that no reliable estimate of the number of prospective paging
licensees can be made, we assume, for purposes of this FRFA, that all
the 16,754 geographic area paging licenses will be awarded to small
entities, as that term is defined by the Small Business Administration
(SBA).
56. We estimate that the approximately 600 current paging carriers
could take the opportunity to partition and/or disaggregate a license
to obtain an additional license through partitioning or disaggregation.
We estimate that up to 52,062 licensees or potential licensees could
take the opportunity to partition and/or disaggregate a license or
obtain a license through partitioning or disaggregation. This number is
based on the total estimate of paging carriers (approximately 600) and
non-nationwide geographic area licenses to be awarded (16,754) and our
estimate that each license will probably not be partitioned and/or
disaggregated to no more than three parties. Given the fact that nearly
all radiotelephone companies have fewer than 1,000 employees, and that
no reliable estimate of the number of future paging licensees can be
made, we assume for purposes of this FRFA that all of the licensees
will be awarded to small businesses. We believe that it is possible
that a significant number of up to approximately 52,062 licensees or
potential licensees who could take the opportunity to partition and/or
disaggregate a license or who could obtain a license through
partitioning
[[Page 3239]]
and/or disaggregation will be a small business.
57. In our original FRFA, we indicated that we receive about 10,000
applications for paging facilities per year; 1,176 transmitters were
expected to exceed the categorical exclusion. PageNet and PCIA have
commented that these numbers underestimate the impact on paging
carriers. PCIA notes that many paging facilities can be constructed
without prior Commission authorization, and therefore significant
numbers of paging facilities are built annually that are not included
in the 10,000 count. PCIA questions our initial estimate that 11% of
the applications would require routine evaluations, and believes most
of these routine evaluations would involve field measurements that
could take around 24 hours to complete. Although both PageNet and PCIA
question our original analysis, neither party has submitted detailed
information on how many paging facilities they believe would be covered
under the new rules.
58. We have categorically excluded from routine environmental
evaluation all paging stations that operate with an ERP of 1000 watts
or less. We have also categorically excluded paging stations that use
antennas that are not located on a rooftop and are at least 10 meters
above ground. Paging is authorized under both Part 22 and Part 90 of
our rules. For Part 22 paging, we estimate that we receive 10,000
applications for paging stations per year, 2939 of these involve power
more than 1000 watts ERP. We believe that 40% of these would be located
on a rooftop. For Part 90 paging, we estimate that we receive 2,000
applications per year, 200 of which would be above 1000 watts. We
believe that 75% of these would be located on a rooftop. Virtually all
of the non-rooftop installations in both Parts 22 and 90 would use
antennas more that 10 meters above ground and, therefore, would be
categorically excluded.
59. As of January 1995, we have allowed paging licensees to
increase the ERP of their stations to 3500 watts without notifying us
as long as the service contour does not change. In addition, we do
require licensees to file information with respect to transmitters used
for contour fill-in. Therefore, it is impossible to determine precisely
the actual number of paging transmitters for which a routine
environmental evaluation will be required. However, if we presume that:
(1) for every application there are actually 2 transmitting facilities
(in some cases there will be more and in many cases there will only be
one facility); (2) only 10% of the ``fill in'' facilities will use more
than 1000 watts (because they are filling in the service, these
transmitters likely do not need as much power) but 75% of these will be
located on a rooftop; and (3) only 10% of those stations that were
initially 1000 watts or below ultimately increase their power (they
could have originally asked for more power if they needed it); then a
total of 2,643 paging stations per year would be subject to routine
environmental evaluation requirements.
60. We believe that many of the routine environmental evaluations
can be done rather quickly, by reviewing OET Bulletin 65, considering
the station and site configuration, and determining whether anyone
would have access to an area near enough to the antenna that the RF
exposure limits might be exceeded. These studies would take on the
order of 1-3 hours to complete per transmitter site. In some cases,
field measurements or more detailed calculations would be necessary,
especially if more than one transmitter is located in the same area.
The more detailed studies could take 24 hours, as suggested by PCIA.
J. Experimental Radio Service
61. The Commission has not developed a definition of small entities
applicable to experimental licensees. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radiotelephone companies. This
definition provides that a small entity is a radiotelephone company
employing fewer than 1,500 persons.40 Since the Regulatory
Flexibility Act amendments were not in effect until the record in this
proceeding was closed, the Commission was unable to request information
regarding the number of small experimental radio businesses and is
unable at this time to make a precise estimate of the number of
Experimental Radio Services which are small businesses.
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\40\ 13 CFR Sec. 121.201, Standard Industrial Classification
(SIC) Code 4812.
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62. The majority of experimental licenses are issued to companies
such as Motorola and Department of Defense contractors such as
Northrop, Lockheed and Martin Marietta. Businesses such as these may
have as many as 200 licenses at one time. The majority of these
applications, 70 percent, are from entities such as these. Given this
fact, the remaining 30 percent of applications, we assume, for purposes
of our evaluations and conclusions in this FRFA, will be awarded to
small entities, as that term is defined by the SBA.
63. The Commission processes approximately 1,000 applications a
year for experimental radio operations. About half or 500 of these are
renewals and the other half are for new licenses. We do not have
adequate information to predict precisely how many of these
applications will exceed our categorical exclusion criteria. However,
we estimate that approximately 500 of these applications will be
required to make an initial determination of compliance with our new RF
guidelines.
K. Amateur Radio Service Volunteer Examiner Coordinator (VECs)
64. In our original FRFA, we did not analyze the possible impact
and burden on Amateur Radio Service (ARS) VECs. The ARRL has commented
that our original FRFA is flawed because it fails to address the impact
of the rules on small business entities such as itself and one other
VEC.41 The Commission has not developed a definition for a small
business or small organization that is applicable for VECs. The RFA
defines the term ``small organization'' as meaning ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field . . .'' 42 Our rules do not specify the
nature of the entity that may act as a VEC.43 However, all of the
sixteen VEC organizations would appear to meet the RFA definition for
small organization. Consequently, we have now analyzed the burden
associated with this action on VECs.
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\41\ The ARRL/VEC and the W5YI-VEC are components of
organizations that publish materials marketed to persons for the
purpose of preparing for passing the examinations required for the
grant of an amateur operator license. This publishing activity,
however, is separate from their VEC activity.
\42\ 5 U.S.C. Sec. 601(4).
\43\ Our rules, however, require that a VEC be an organization
that has entered into a written agreement with the FCC to coordinate
the examinations for amateur operator licenses. The examinations are
prepared and administered by tens of thousands of amateur operators
who serve as VEs. The VEC organization must exist for the purpose of
furthering the amateur service, be capable of serving as a VEC in at
least one of the thirteen VEC regions, agree to coordinate the
examinations, agree to assure that every examinee is registered
without regard to race, sex, religion, national origin or membership
in any amateur service organization, and cooperate in maintaining
the question pools for the VEs. See 47 CFR Secs. 97.521 and 97.523,
which outline the qualifications for VECs and question pools.
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65. The VECs coordinate the activities of the VEs who prepare and
administer the Commission's amateur operator license examination
system. The administering VEs prepare written examinations using
questions drawn
[[Page 3240]]
from common question pools.44 The VEs also prepare the questions
for the question pools which are maintained by the VECs. The questions
in the pools are updated and revised periodically. In the Report and
Order, we required that new examination questions on RF safety be added
to the examinations. That requirement was made effective immediately.
In response to the Report and Order, the ARRL filed a petition
requesting that we allow the examinations to be modified according to
the VECs' normal revision schedule. We are adopting such an
implementation plan into this First Memorandum Opinion and Order. As a
result, the VECs can proceed with their normal schedule for soliciting
questions from the VEs and revising the question pools. The VECs,
therefore, will have a minimum burden in meeting the new requirements.
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\44\ See 47 CFR Sec. 97.507, which outlines the requirements for
preparing examinations for an amateur operator license.
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66. Summary of Projected Reporting, Recordkeeping and Other Compliance
Requirements
This First Memorandum Opinion and Order extends the transition
period associated with the new RF exposure rules that were adopted in
the Report and Order. There are no reporting, recordkeeping or other
compliance requirements associated with the extension of the transition
period and this action.
67. Steps Taken to Minimize the Economic Impact on Small Entities
We have made every effort to devise ways to minimize the impact of
the new RF exposure requirements on small entities, while protecting
the health and safety of the public. We have incorporated substantial
flexibility in the procedures to make compliance as minimally
burdensome as possible. In particular, we took the following steps in
the Report and Order to ease the impact on small businesses:
68. We created categorical exclusions that require only those
transmitters that appear to have the highest potential to create a
significant environmental effect to perform an environmental
evaluation.
69. We indicated that we would revise OST Bulletin No. 65 in the
near future to provide guidance for determining compliance with FCC-
specified RF limits. This should be of particular assistance to small
businesses since it will provide straightforward information that
should allow a quick understanding of the requirements and a quick
assessment of the potential for compliance problems without the need
for an expensive consultant or measurement.
70. We allowed various methods for ensuring compliance with RF
limits such as fencing, warning signs, labels, and markings, locked
doors in roof-top areas, and the use of personal monitors and RF
protective clothing in an occupational environment.
71. We rejected our initial proposal to adopt induced and contact
currents limits due to the lack of reliable equipment available.
72. We specified a variety of acceptable testing methods and
procedures that may be used to determine compliance. This will allow
each small business to choose a procedure that best meets its needs in
the manner that is least burdensome to it.
73. We have always allowed multiple transmitter sites, i.e.,
antenna farms, to pool their resources and have only one study done for
the entire site. This is very common at sites that have multiple
entities such as TV, FM, paging, cellular, etc. In most circumstances,
rather than each licensee hiring a separate consultant and submitting a
study showing their compliance with the guidelines, one consulting
radio technician or radio engineer can be hired by the group of
licensees. The consultant surveys the entire site for compliance and
gives his recommendations and findings to each of the licensees at the
site. The licensees can then use the findings to show their compliance
with the guidelines. In this way the cost of compliance is minimized as
no one licensee has to pay the entire consulting fee, rather just a
portion of it.
74. In this First Memorandum Opinion and Order, we have also taken
the following additional steps to reduce the burden on small businesses
and organizations:
75. We extended the transition period for station applicants to
come into compliance with the new requirements. This will give
licensees, and applicants for new stations many of which may be small
businesses, more time to learn the nature of the new requirements, make
studies to determine whether they comply, and take steps to come into
compliance if necessary.
76. We decided to permit the required changes in the ARS
examinations to be made as the examinations are being routinely
revised. This ensures that a minimal burden is put on the small
organizations acting as VECs.
77. Report to Congress
The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order, in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996, 5 U.S.C. Sec. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Radio, Reporting and recordkeeping requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Title 47 of the Code of Federal Regulations, part 1, is amended as
follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 303 and 309(j) unless otherwise
noted.
2. Section 1.1307 is amended by revising the introductory text of
paragraph (b)(4) to read as follows:
Sec. 1.1307 Actions which may have a significant environmental effect,
for which Environmental Assessments (EAs) must be prepared.
* * * * *
(b) * * *
(4) Transition Provisions. For applications filed with the
Commission prior to September 1, 1997 (January 1, 1998 for the Amateur
Radio Service only), 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 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 (4)(iii) of this section. These
transition provisions do not apply to applications for equipment
authorization or use of mobile, portable, and unlicensed devices
specified in paragraph (b)(2) of this section.
* * * * *
[FR Doc. 97-1350 Filed 1-21-97; 8:45 am]
BILLING CODE 6712-01-P