Goto Section: 1.1306 | 1.1308 | Table of Contents
FCC 1.1307
Revised as of October 1, 2006
Goto Year:2005 |
2007
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:
------------------------------------------------------------------------
Experimental Radio Services (part 5)... Power > 100 W ERP (164 W
EIRP).
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.
Experimental Radio, Auxiliary, Special Subparts A, G, L: power >
Broadcast and Other Program 100 W ERP.
Distributional Services (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) 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.
Goto Section: 1.1306 | 1.1308
Goto Year: 2005 |
2007
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