§  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 § § 1.1308 and 1.1311) and
   may require further Commission environmental processing ( see § § 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 § § 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 § 25.129 of this chapter.

   (1) The appropriate exposure limits in § § 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 § 1.1310 or § 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 § 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 (subpart E of part 22)
   Non-building-mounted antennas: 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 (subpart H of part 22)
   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).
   Personal Communications Services (part 24) (1) Narrowband PCS (subpart
   D):
        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 25) All included.
      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 § 1.1310 of this chapter.
   Miscellaneous Wireless Communications Services (part 27 except subpart
   M) (1) For the 1390–1392 MHz, 1392–1395 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 Broadband Service (subpart M of
   part 27) Non-building-mounted antennas: height above ground level to
   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 § 1.1310.
   Radio Broadcast Services (part 73) All included.
   Experimental Radio, Auxiliary, Special Broadcast and Other Program
   Distributional Services (part 74) Subparts A, G, L: power > 100 W ERP.
   Stations in the Maritime Services (part 80) Ship earth stations only.
   Private Land Mobile Radio Services Paging Operations (subpart P of part
   90) Non-building-mounted antennas: 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).
   Private Land Mobile Radio Services Specialized Mobile Radio (subpart S
   of part 90) 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).
   Amateur Radio Service (part 97) Transmitter output power > levels
   specified in § 97.13(c)(1) of this chapter.
   Local Multipoint Distribution Service (subpart L of part 101) and 24
   GHz (subpart G of part 101) Non-building-mounted antennas: height above
   ground level to 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 § 1.1310.
   70/80/90 GHz Bands (subpart Q of part 101) Non-building-mounted
   antennas: 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 § 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 § § 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 § § 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 § § 2.1093 and
   5.1125 of this chapter. Equipment authorized for use in the Medical
   Device Radiocommunication Service (MedRadio) as a medical implant 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 § 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 § § 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 § 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 § 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
   § 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 § 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 § 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 § 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 § 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 § 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 § § 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:   ForFederal Registercitations affecting § 1.1307, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and on GPO Access.