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

   (a) Commission actions with respect to the following types of facilities may
   significantly affect the environment and thus require the preparation of EAs
   by the applicant (see  Sec.  Sec. 1.1308 and 1.1311) and may require further
   Commission environmental processing (see  Sec.  Sec. 1.1314, 1.1315 and 1.1317):

   (1) Facilities that are to be located in an officially designated wilderness
   area.

   (2) Facilities that are to be located in an officially designated wildlife
   preserve.

   (3) Facilities that: (i) May affect listed threatened or endangered species
   or designated critical habitats; or (ii) are likely to jeopardize the
   continued existence of any proposed endangered or threatened species or
   likely to result in the destruction or adverse modification of proposed
   critical habitats, as determined by the Secretary of the Interior pursuant
   to the Endangered Species Act of 1973.

   Note: The list of endangered and threatened species is contained in 50 CFR
   17.11, 17.22, 222.23(a) and 227.4. The list of designated critical habitats
   is contained in 50 CFR 17.95, 17.96 and part 226. To ascertain the status of
   proposed species and habitats, inquiries may be directed to the Regional
   Director of the Fish and Wildlife Service, Department of the Interior.

   (4) Facilities that may affect districts, sites, buildings, structures or
   objects, significant in American history, architecture, archeology,
   engineering or culture, that are listed, or are eligible for listing, in the
   National Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR 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.

   (5) Facilities that may affect Indian religious sites.

   (6) Facilities to be located in a flood Plain (See Executive Order 11988.)

   (7) Facilities whose construction will involve significant change in surface
   features (e.g., wetland fill, deforestation or water diversion). (In the
   case of wetlands on Federal property, see Executive Order 11990.)

   (8) Antenna towers and/or supporting structures that are to be equipped with
   high intensity white lights which are to be located in residential
   neighborhoods, as defined by the applicable zoning law.

   (b) In addition to the actions listed in paragraph (a) of this section,
   Commission actions granting construction permits, licenses to transmit or
   renewals thereof, equipment authorizations or modifications in existing
   facilities, require the preparation of an Environmental Assessment (EA) if
   the particular facility, operation or transmitter would cause human exposure
   to levels of radiofrequency radiation in excess of the limits in  Sec.  Sec. 1.1310
   and 2.1093 of this chapter. Applications to the Commission for construction
   permits, licenses to transmit or renewals thereof, equipment authorizations
   or modifications in existing facilities must contain a statement confirming
   compliance with the limits unless the facility, operation, or transmitter is
   categorically excluded, as discussed below. Technical information showing
   the basis for this statement must be submitted to the Commission upon
   request. Such compliance statements may be omitted from license applications
   for transceivers subject to the certification requirement in  Sec. 25.129 of this
   chapter.

   (1) The appropriate exposure limits in  Sec.  Sec. 1.1310 and 2.1093 of this chapter
   are generally applicable to all facilities, operations and transmitters
   regulated by the Commission. However, a determination of compliance with the
   exposure limits in  Sec. 1.1310 or  Sec. 2.1093 of this chapter (routine environmental
   evaluation), and preparation of an EA if the limits are exceeded, is
   necessary only for facilities, operations and transmitters that fall into
   the categories listed 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_
------------------------------------------------------------------------
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)
                                          Provide adequate notice
                                          regarding potential
                                          radiofrequency safety hazards,
                                          e.g., information regarding
                                          the safe minimum separation
                                          distance required between
                                          users and transceiver
                                          antennas; and (2) reference
                                          the applicable FCC-adopted
                                          limits for radiofrequency
                                          exposure specified in  Sec. 
                                          1.1310.
Wireless Communications Service (part    (1) for the 1390-1392 MHz, 1392-
 27).                                     1395 MHz, 1432-1435 MHz, and
                                          1670-1675 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 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).
------------------------------------------------------------------------

   (2) Mobile and portable transmitting devices that operate in the Cellular
   Radiotelephone Service, the Personal Communications Services (PCS), the
   Satellite Communications Services, the Wireless Communications Service, the
   Maritime Services (ship earth stations only), the Specialized Mobile Radio
   Service, and the 3650MHz Wireless Broadband Service authorized under Subpart
   H of parts 22, 24, 25, 27, 80, and 90 of this chapter are subject to routine
   environmental evaluation for RF exposure prior to equipment authorization or
   use, as specified in  Sec.  Sec. 2.1091 and 2.1093 of this chapter. Unlicensed PCS,
   unlicensed NII and millimeter wave devices are also subject to routine
   environmental evaluation for RF exposure prior to equipment authorization or
   use, as specified in  Sec.  Sec. 15.253(f), 15.255(g), 15.319(i), and 15.407(f) of
   this chapter. Portable transmitting equipment for use in the Wireless
   Medical Telemetry Service (WMTS) is subject to routine environment
   evaluation as specified in  Sec.  Sec. 2.1093 and 5.1125 of this chapter. Equipment
   authorized for use in the Medical Implant Communications Service (MICS) as a
   medical implant transmitter (as defined in Appendix 1 to Subpart E of part
   95 of this chapter) is subject to routine environmental evaluation for RF
   exposure prior to equipment authorization, as specified in  Sec. 2.1093 of this
   chapter by finite difference time domain computational modeling or
   laboratory measurement techniques. Where a showing is based on computational
   modeling, the Commission retains the discretion to request that specific
   absorption rate measurement data be submitted. All other mobile, portable,
   and unlicensed transmitting devices are categorically excluded from routine
   environmental evaluation for RF exposure under  Sec.  Sec. 2.1091, 2.1093 of this
   chapter except as specified in paragraphs (c) and (d) of this section.

   (3) In general, when the guidelines specified in  Sec. 1.1310 are exceeded in an
   accessible area due to the emissions from multiple fixed transmitters,
   actions necessary to bring the area into compliance are the shared
   responsibility of all licensees whose transmitters produce, at the area in
   question, power density levels that exceed 5% of the power density exposure
   limit applicable to their particular transmitter or field strength levels
   that, when squared, exceed 5% of the square of the electric or magnetic
   field strength limit applicable to their particular transmitter. Owners of
   transmitter sites are expected to allow applicants and licensees to take
   reasonable steps to comply with the requirements contained in  Sec. 1.1307(b)
   and, where feasible, should encourage co-location of transmitters and common
   solutions for controlling access to areas where the RF exposure limits
   contained in  Sec. 1.1310 might be exceeded.

   (i) Applicants for proposed (not otherwise excluded) transmitters,
   facilities or modifications that would cause non-compliance with the limits
   specified in  Sec. 1.1310 at an accessible area previously in compliance must
   submit an EA if emissions from the applicant's transmitter or facility would
   result, at the area in question, in a power density that exceeds 5% of the
   power density exposure limit applicable to that transmitter or facility or
   in a field strength that, when squared, exceeds 5% of the square of the
   electric or magnetic field strength limit applicable to that transmitter or
   facility.

   (ii) Renewal applicants whose (not otherwise excluded) transmitters or
   facilities contribute to the field strength or power density at an
   accessible area not in compliance with the limits specified in  Sec. 1.1310 must
   submit an EA if emissions from the applicant's transmitter or facility
   results, at the area in question, in a power density that exceeds 5% of the
   power density exposure limit applicable to that transmitter or facility or
   in a field strength that, when squared, exceeds 5% of the square of the
   electric or magnetic field strength limit applicable to that transmitter of
   facility.

   (4) Transition Provisions. Applications filed with the Commission prior to
   October 15, 1997 (or January 1, 1998, for the Amateur Radio Service only),
   for construction permits, licenses to transmit or renewals thereof,
   modifications in existing facilities or other authorizations or renewals
   thereof require the preparation of an Environmental Assessment if the
   particular facility, operation or transmitter would cause human exposure to
   levels of radiofrequency radiation that are in excess of the requirements
   contained in paragraphs (b)(4)(i) through (b)(4)(iii) of this section. In
   accordance with  Sec. 1.1312, if no new application or Commission action is
   required for a licensee to construct a new facility or physically modify an
   existing facility, e.g., geographic area licensees, and construction begins
   on or after October 15, 1997, the licensee will be required to prepare an
   Environmental Assessment if construction or modification of the facility
   would not comply with the provisions of paragraph (b)(1) of this section.
   These transition provisions do not apply to applications for equipment
   authorization or use for mobile, portable and unlicensed devices as
   specified in paragraph (b)(2) of this section.

   (i) For facilities and operations licensed or authorized under parts 5, 21
   (subpart K), 25, 73, 74 (subparts A, G, I, and L), and 80 of this chapter,
   the “Radio Frequency Protection Guides” recommended in “American National
   Standard Safety Levels with Respect to Human Exposure to Radio Frequency
   Electromagnetic Fields, 300 kHz to 100 GHz”, (ANSI C95.1–1982), issued by
   the American National Standards Institute (ANSI) and copyright 1982 by the
   Institute of Electrical and Electronics Engineers, Inc., New York, New York
   shall apply. With respect to subpart K of part 21 and subpart I of part 74
   of this chapter, these requirements apply only to multipoint distribution
   service and instructional television fixed service stations transmitting
   with an equivalent isotropically radiated power (EIRP) in excess of 200
   watts. With respect to subpart L of part 74 of this chapter, these
   requirements apply only to FM booster and translator stations transmitting
   with an effective radiated power (ERP) in excess of 100 watts. With respect
   to part 80 of this chapter, these requirements apply only to ship earth
   stations.

   (ii) For facilities and operations licensed or authorized under part 24 of
   this chapter, licensees and manufacturers are required to ensure that their
   facilities and equipment comply with IEEE C95.1–1991 (ANSI/IEEE C95.1–1992),
   “Safety Levels With Respect to Human Exposure to Radio Frequency
   Electromagnetic Fields, 3 kHz to 300 GHz.” Measurement methods are specified
   in IEEE C95.3–1991, “Recommended Practice for the Measurement of Potentially
   Hazardous Electromagnetic Fields—RF and Microwave.” Copies of these
   standards are available from IEEE Standards Board, 445 Hoes Lane, P.O. Box
   1331, Piscataway, NJ 08855–1331. Telephone: 1–800–678–4333. The limits for
   both “controlled” and “uncontrolled” environments, as defined by IEEE
   C95.1–1991, will apply to all PCS base and mobile stations, as appropriate.

   (iii) Applications for all other types of facilities and operations are
   categorically excluded from routine RF radiation evaluation except as
   provided in paragraphs (c) and (d) of this section.

   (5) Existing transmitting facilities, devices and operations: All existing
   transmitting facilities, operations and devices regulated by the Commission
   must be in compliance with the requirements of paragraphs (b)(1) through
   (b)(3) of this section by September 1, 2000, or, if not in compliance, file
   an Environmental Assessment as specified in  Sec. 1.1311.

   (c) If an interested person alleges that a particular action, otherwise
   categorically excluded, will have a significant environmental effect, the
   person shall submit to the Bureau responsible for processing that action a
   written petition setting forth in detail the reasons justifying or
   circumstances necessitating environmental consideration in the
   decision-making process. (See  Sec. 1.1313). The Bureau shall review the petition
   and consider the environmental concerns that have been raised. If the Bureau
   determines that the action may have a significant environmental impact, the
   Bureau will require the applicant to prepare an EA (see  Sec.  Sec. 1.1308 and
   1.1311), which will serve as the basis for the determination to proceed with
   or terminate environmental processing.

   (d) If the Bureau responsible for processing a particular action, otherwise
   categorically excluded, determines that the proposal may have a significant
   environmental impact, the Bureau, on its own motion, shall require the
   applicant to submit an EA. The Bureau will review and consider the EA as in
   paragraph (c) of this section.

   (e) No State or local government or instrumentality thereof may regulate the
   placement, construction, and modification of personal wireless service
   facilities on the basis of the environmental effects of radio frequency
   emissions to the extent that such facilities comply with the regulations
   contained in this chapter concerning the environmental effects of such
   emissions. For purposes of this paragraph:

   (1) The term personal wireless service means commercial mobile services,
   unlicensed wireless services, and common carrier wireless exchange access
   services;

   (2) The term personal wireless service facilities means facilities for the
   provision of personal wireless services;

   (3) The term unlicensed wireless services means the offering of
   telecommunications services using duly authorized devices which do not
   require individual licenses, but does not mean the provision of
   direct-to-home satellite services; and

   (4) The term direct-to-home satellite services means the distribution or
   broadcasting of programming or services by satellite directly to the
   subscriber's premises without the use of ground receiving or distribution
   equipment, except at the subscriber's premises or in the uplink process to
   the satellite.

   [ 51 FR 15000 , Apr. 22, 1986]

   Editorial Note:   For Federal Register citations affecting  Sec. 1.1307, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and on GPO Access.