(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 Secs. 1.1308 and 1.1311) and may require further Commission environmental processing (see Secs. 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)(i) 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 part 60 and 800.) To ascertain whether a proposed action may affect properties that are listed or eligible for listing in the National Register of Historic Places, an applicant shall follow the procedures set forth in the rules of the Advisory Council on Historic Preservation, 36 CFR part 800, as modified and supplemented by the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, Appendix B to Part 1 of this Chapter, and the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Appendix C to Part 1 of this Chapter.
(i) 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 part 60 and 800.) To ascertain whether a proposed action may affect properties that are listed or eligible for listing in the National Register of Historic Places, an applicant shall follow the procedures set forth in the rules of the Advisory Council on Historic Preservation, 36 CFR part 800, as modified and supplemented by the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, Appendix B to Part 1 of this Chapter, and the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Appendix C to Part 1 of this Chapter.
(ii) The requirements in paragraph (a)(4)(i) of this section do not apply to:
(A) The mounting of antennas (including associated equipment such as wiring, cabling, cabinets, or backup-power) on existing utility structures (including utility poles and electric transmission towers in active use by a ``utility'' as defined in Section 224 of the Communications Act, 47 U.S.C. 224, but not including light poles, lamp posts, and other structures whose primary purpose is to provide public lighting) where the deployment meets the following conditions:
(1) All antennas that are part of the deployment fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that are individually no more than three cubic feet in volume, and all antennas on the structure, including any pre-existing antennas on the structure, fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that total no more than six cubic feet in volume;
(2) All other wireless equipment associated with the structure, including pre-existing enclosures and including equipment on the ground associated with antennas on the structure, are cumulatively no more than seventeen cubic feet in volume, exclusive of
(i) Vertical cable runs for the connection of power and other services;
(ii) Ancillary equipment installed by other entities that is outside of the applicant's ownership or control, and
(iii) Comparable equipment from pre-existing wireless deployments on the structure;
(3) The deployment will involve no new ground disturbance; and
(4) The deployment would otherwise require the preparation of an EA under paragraph (a)(4)(i) of this section solely because of the age of the structure; or
(B) The mounting of antennas (including associated equipment such as wiring, cabling, cabinets, or backup-power) on buildings or other non-tower structures where the deployment meets the following conditions:
(1) There is an existing antenna on the building or structure;
(2) One of the following criteria is met:
(i) Non-Visible Antennas. The new antenna is not visible from any adjacent streets or surrounding public spaces and is added in the same vicinity as a pre-existing antenna;
(ii) Visible Replacement Antennas. The new antenna is visible from adjacent streets or surrounding public spaces, provided that
(A) It is a replacement for a pre-existing antenna,
(B) The new antenna will be located in the same vicinity as the pre-existing antenna,
(C) The new antenna will be visible only from adjacent streets and surrounding public spaces that also afford views of the pre-existing antenna,
(D) The new antenna is not more than 3 feet larger in height or width (including all protuberances) than the pre-existing antenna, and
(E) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces; or
(iii) Other Visible Antennas. The new antenna is visible from adjacent streets or surrounding public spaces, provided that
(A) It is located in the same vicinity as a pre-existing antenna,
(B) The new antenna will be visible only from adjacent streets and surrounding public spaces that also afford views of the pre-existing antenna,
(C) The pre-existing antenna was not deployed pursuant to the exclusion in this subsection (Sec. 1.1307(a)(4)(ii)(B)(2)(iii)),
(D) The new antenna is not more than three feet larger in height or width (including all protuberances) than the pre-existing antenna, and
(E) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces;
(3) The new antenna complies with all zoning conditions and historic preservation conditions applicable to existing antennas in the same vicinity that directly mitigate or prevent effects, such as camouflage or concealment requirements;
(4) The deployment of the new antenna involves no new ground disturbance; and
(5) The deployment would otherwise require the preparation of an EA under paragraph (a)(4) of this section solely because of the age of the structure.
Note to paragraph (a)(4)(ii):
A non-visible new antenna is in the ``same vicinity'' as a pre-existing antenna if it will be collocated on the same rooftop, fa[ccedil]ade or other surface. A visible new antenna is in the ``same vicinity'' as a pre-existing antenna if it is on the same rooftop, fa[ccedil]ade, or other surface and the centerpoint of the new antenna is within ten feet of the centerpoint of the pre-existing antenna. A deployment causes no new ground disturbance when the depth and width of previous disturbance exceeds the proposed construction depth and width by at least two feet.
(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 Secs. 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 Secs. 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 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).Commercial Mobile Radio Services (part Non-building-mounted antennas:
20). 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).
Consumer Signal Booster
equipment grantees under the
Commercial Mobile Radio
Services provisions in part 20
are required to attach a label
to Fixed Consumer Booster
antennas that:
(1) Provides adequate notice
regarding potential
radiofrequency safety hazards,
e.g., information regarding
the safe minimum separation
distance required between
users and transmitting
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 (part (1) Narrowband PCS (subpart D):
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 Services (part All included.
25).
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.Miscellaneous Wireless Communications (1) For the 1390-1392 MHz, 1392-
Services (part 27 except subpart M). 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).
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).Broadband Radio Service and Educational Non-building-mounted antennas:
Broadband Service (subpart M of part height above ground level to
27). lowest point of antenna <10 m
and power 1640 W
EIRP.
Building-mounted antennas:
power 1640 W EIRP.
BRS and EBS 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.Radio Broadcast Services (part 73)..... All included.
Auxiliary and Special Broadcast and Subparts G and L: Power 100 W ERP.
(part 74).Stations in the Maritime Services (part Ship earth stations only.
80).Private Land Mobile Radio Services Non-building-mounted antennas:
Paging Operations (subpart P of part height above ground level to
90). 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 (subpart S of height above ground level to
part 90). 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 power 1640 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
radiofrequency 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)(i) Mobile and portable transmitting devices that operate in the Commercial Mobile Radio Services pursuant to part 20 of this chapter; the Cellular Radiotelephone Service pursuant to part 22 of this chapter; the Personal Communications Services (PCS) pursuant to part 24 of this chapter; the Satellite Communications Services pursuant to part 25 of this chapter; the Miscellaneous Wireless Communications Services pursuant to part 27 of this chapter; the Maritime Services (ship earth stations only) pursuant to part 80 of this chapter; the Specialized Mobile Radio Service, the 4.9 GHz Band Service, or the 3650 MHz Wireless Broadband Service pursuant to part 90 of this chapter; the Wireless Medical Telemetry Service (WMTS), or the Medical Device Radiocommunication Service (MedRadio) pursuant to part 95 of this chapter; or the Citizens Broadband Radio Service pursuant to part 96 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in Secs. 2.1091 and 2.1093 of this chapter.
(i) Mobile and portable transmitting devices that operate in the Commercial Mobile Radio Services pursuant to part 20 of this chapter; the Cellular Radiotelephone Service pursuant to part 22 of this chapter; the Personal Communications Services (PCS) pursuant to part 24 of this chapter; the Satellite Communications Services pursuant to part 25 of this chapter; the Miscellaneous Wireless Communications Services pursuant to part 27 of this chapter; the Maritime Services (ship earth stations only) pursuant to part 80 of this chapter; the Specialized Mobile Radio Service, the 4.9 GHz Band Service, or the 3650 MHz Wireless Broadband Service pursuant to part 90 of this chapter; the Wireless Medical Telemetry Service (WMTS), or the Medical Device Radiocommunication Service (MedRadio) pursuant to part 95 of this chapter; or the Citizens Broadband Radio Service pursuant to part 96 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in Secs. 2.1091 and 2.1093 of this chapter.
(ii) 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 Secs. 15.253(f), 15.255(g), 15.257(g), 15.319(i), and 15.407(f) of this chapter.
(iii) Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) is subject to routine environment evaluation as specified in Secs. 2.1093 and 95.1125 of this chapter.
(iv) Equipment authorized for use in the Medical Device Radiocommunication Service (MedRadio) as a medical implant device or body-worn transmitter (as defined in Appendix 1 to subpart E of part 95 of this chapter) is subject to routine environmental evaluation for RF exposure prior to equipment authorization, as specified in Secs. 2.1093 and 95.1221 of this chapter by finite difference time domain (FDTD) computational modeling or laboratory measurement techniques. Where a showing is based on computational modeling, the Commission retains the discretion to request that supporting documentation and/or specific absorption rate (SAR) measurement data be submitted.
(v) All other mobile, portable, and unlicensed transmitting devices are categorically excluded from routine environmental evaluation for RF exposure under Secs. 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.
(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 Secs. 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.
Note to paragraph (d):
Pending a final determination as to what, if any, permanent measures should be adopted specifically for the protection of migratory birds, the Bureau shall require an Environmental Assessment for an otherwise categorically excluded action involving a new or existing antenna structure, for which an antenna structure registration application (FCC Form 854) is required under part 17 of this chapter, if the proposed antenna structure will be over 450 feet in height above ground level (AGL) and involves either:
1. Construction of a new antenna structure;
2. Modification or replacement of an existing antenna structure involving a substantial increase in size as defined in paragraph I(C)(1)(3) of Appendix B to part 1 of this chapter; or
3. Addition of lighting or adoption of a less preferred lighting style as defined in Sec. 17.4(c)(1)(iii) of this chapter. The Bureau shall consider whether to require an EA for other antenna structures subject to Sec. 17.4(c) of this chapter in accordance with Sec. 17.4(c)(8) of this chapter. An Environmental Assessment required pursuant to this note will be subject to the same procedures that apply to any Environmental Assessment required for a proposed tower or modification of an existing tower for which an antenna structure registration application (FCC Form 854) is required, as set forth in Sec. 17.4(c) of this chapter.
(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
(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 at www.fdsys.gov.