Sec. 1.1307  Actions that may have a significant environmental effect, 
          for which Environmental Assessments (EAs) must be prepared.

                                * * * * *

    (b) * * *
    (1) The exposure limits in Sec. 1.1310 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 (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, 
``rooftop'' means the roof or otherwise outside, topmost level or levels 
of a building structure that is occupied as a workplace or residence and 
where either workers or the general public may have access. 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; the 
Wireless Communications Service, part 27 of this chapter; and covered 
Specialized Mobile Radio Service operations, 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 of the facility. 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 E
nvironmental Evaluation          
-------------------------------------------------------------------------------
---------------------------------
  Service (Title 47 CFR Rule Part)                              Evaluation requ
ired if:                         
-------------------------------------------------------------------------------
---------------------------------
Experimental Radio Services (part 5)  Power > 100W ERP (164W EIRP).            
                                 
Radio Frequency Devices (part 15)...  Millimeter wave devices operating in one 
of the following bands 46.7-46.8 
                                       GHz, 59.0-64.0 GHz or 76.0-77.0 GHz (see
 Secs.  15.253 and 15.255 of this
                                       chapter).                               
                                 
                                      Unlicensed personal communications servic
e devices operating under subpart
                                       D of this chapter.                      
                                 

[[Page 255]]

                                                                               
                                 
Multipoint Distribution Service       Non-rooftop antennas: height above ground
 level to radiation center  10 m 
 (subpart K of part 21).               and power > 1640 W EIRP.                
                                 
                                      Rooftop antennas: Power > 1640W EIRP.    
                                 
Paging and Radiotelephone Service     Non-rooftop antennas: height above ground
 level to radiation center  10 m 
 (subpart E of part 22).               and power > 1000W ERP (1640 W EIRP).    
                                 
                                      Rooftop antennas: power > 1000W ERP (1640
W EIRP).                         
Cellular Radiotelephone Service       Non-rooftop antennas: height above ground
 level to radiation center  10 m 
 (subpart H of part 22).               and total power of all channels > 1000W 
ERP (1640 W EIRP).               
                                      Rooftop antennas: total power of all chan
nels > 1000W ERP (1640W EIRP).   
Personal Communications Services      (1) Narrowband PCS (subpart D): non-rooft
op antennas: height above ground 
 (part 24).                            level to radiation center 10 m and total
 power of all channels > 1000W   
                                       ERP (1640 W EIRP).                      
                                 
                                      Rooftop antennas: total power of all chan
nels > 1000W (1640W EIRP).       
                                      (2) Broadband PCS (subpart E): non-roofto
p antennas: height above ground  
                                       level to radiation center 10 m and total
 power of all channels > 2000W   
                                       ERP (3280 W EIRP).                      
                                 
                                      Rooftop antennas: total power of all chan
nels > 2000W (3280W EIRP).       
Satellite Communications (part 25)..  All included.                            
                                 
Wireless Communications Service       Total power of all channels > 1000 W ERP 
(1640 W EIRP)                    
 (part 27).                                                                    
                                 
Radio Broadcast Services (part 73)..  All included.                            
                                 
Experimental, auxiliary, and special  Subparts A, G, L: power > 100W ERP.      
                                 
 broadcast and other program          Subpart I: non-rooftop antennas: height a
bove ground level to radiation   
 distributional services (part 74).    center  10 m and power > 1640 W EIRP.   
                                 
                                      Rooftop antennas: power > 1640W EIRP.    
                                 
Stations in the Maritime Services     Ship earth stations only.                
                                 
 (part 80).                                                                    
                                 
Private Land Mobile Radio Services    Non-rooftop antennas: height above ground
 level to radiation center  10 m 
 Paging Operations (part 90).          and power > 1000W ERP (1640 W EIRP).    
                                 
                                      Rooftop antennas: power > 1000W ERP (1640
W EIRP).                         
Private Land Mobile Radio Services    Non-rooftop antennas: height above ground
 level to radiation center  10 m 
 Specialized Mobile Radio              and total power of all channels > 1000W 
ERP (1640 W EIRP).               
 (``covered'' providers only--see                                              
                                 
 below)\1\ (part 90).                                                          
                                 
                                      Rooftop antennas: total power of all chan
nels > 1000W ERP (1640W EIRP).   
Amateur Radio Service (part 97).....  Transmitter power > 50W PEP.             
                                 
Local Multipoint Distribution         Non-rooftop antennas: Height above ground
 level to radiation center 10 m  
 Service (subpart L of part 101).      and power >1640 W EIRP.                 
                                 
                                      Rooftop antennas: Power > 1640 W EIRP.   
                                 
                                      LMDS licensees are required to attach a l
abel to subscriber transceiver   
                                       antennas that (1) provides adequate noti
ce regarding potential radio     
                                       frequency safety hazards, e.g., informat
ion regarding the safe minimum   
                                       separation distance required between use
rs and transceiver antennas; and 
                                       (2) references the applicable FCC radio 
frequency emission guidelines    
                                       contained in FCC OST Bulletin 65, 2d Edi
tion.                            
-------------------------------------------------------------------------------
---------------------------------
\1\ Note: ``Covered'' SMR providers includes geographic area SMR licensees in t
he 800 MHz and 900 MHz bands that
  offer real-time, two-way switched voice service that is interconnected with t
he public switched network and   
  Incumbent Wide Area SMR licensees, as defined in Sec.  20.3 of this chapter. 
                                 

    (2) Mobile and portable transmitting devices that operate in the 
Cellular Radiotelephone Service, the Personal Communications Services, 
the Satellite Communications Services, the Wireless Communications 
Service, the Maritime Services (ship earth stations only), and covered 
Specialized Mobile Radio Service providers authorized under subpart H of 
part 22, part 24, part 25, part 27, part 80, and part 90 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. All 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), 15.319(i), and 15.407(f) of this chapter. 
All other mobile, portable, and unlicensed transmitting devices are 
categorically excluded from routine environmental evaluation for RF 
exposure under Secs. 2.1091 and 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 with 
the guidelines are the shared responsibility of all licensees whose 
transmitters produce field strengths or power density levels at the area 
in question in excess of 1% of the exposure

[[Page 256]]

limits applicable to their particular transmitter.
    (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 in a field strength or power 
density at the area in question that exceeds 1% of the exposure 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 in a field strength or power density at 
the area in question that exceeds 1% of the exposure limit applicable to 
that transmitter or facility.
    (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.

                                * * * * *