Goto Section: 1.1305 | 1.1307 | Table of Contents
FCC 1.1306
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1306 Actions which are categorically excluded from environmental
processing.
(a) Except as provided in § 1.1307 (c) and (d), Commission actions not
covered by § 1.1307 (a) and (b) are deemed individually and cumulatively to
have no significant effect on the quality of the human environment and are
categorically excluded from environmental processing.
(b) Specifically, any Commission action with respect to any new application,
or minor or major modifications of existing or authorized facilities or
equipment, will be categorically excluded, provided such proposals do not:
(1) Involve a site location specified under § 1.1307(a) (1)-(7), or
(2) Involve high intensity lighting under § 1.1307(a)(8).
(3) Result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in § 1.1307(b).
(c)(1) Unless § 1.1307(a)(4) is applicable, the provisions of § 1.1307(a)
requiring the preparation of EAs do not encompass the construction of
wireless facilities, including deployments on new or replacement poles, if:
(i) The facilities will be located in a right-of-way that is designated by a
Federal, State, local, or Tribal government for communications towers,
above-ground utility transmission or distribution lines, or any associated
structures and equipment;
(ii) The right-of-way is in active use for such designated purposes; and
(iii) The facilities would not
(A) Increase the height of the tower or non-tower structure by more than 10%
or twenty feet, whichever is greater, over existing support structures that
are located in the right-of-way within the vicinity of the proposed
construction;
(B) Involve the installation of more than four new equipment cabinets or
more than one new equipment shelter;
(C) Add an appurtenance to the body of the structure that would protrude
from the edge of the structure more than twenty feet, or more than the width
of the structure at the level of the appurtenance, whichever is greater
(except that the deployment may exceed this size limit if necessary to
shelter the antenna from inclement weather or to connect the antenna to the
tower via cable); or
(D) Involve excavation outside the current site, defined as the area that is
within the boundaries of the leased or owned property surrounding the
deployment or that is in proximity to the structure and within the
boundaries of the utility easement on which the facility is to be deployed,
whichever is more restrictive.
(2) Such wireless facilities are subject to § 1.1307(b) and require EAs if
their construction would result in human exposure to radiofrequency
radiation in excess of the applicable health and safety guidelines cited in
§ 1.1307(b).
Note 1: The provisions of § 1.1307(a) requiring the preparation of EAs do not
encompass the mounting of antenna(s) and associated equipment (such as
wiring, cabling, cabinets, or backup-power), on or in an existing building,
or on an antenna tower or other man-made structure, unless § 1.1307(a)(4) is
applicable. Such antennas are subject to § 1.1307(b) of this part and require
EAs if their construction would result in human exposure to radiofrequency
radiation in excess of the applicable health and safety guidelines cited in
§ 1.1307(b) of this part. The provisions of § 1.1307 (a) and (b) of this part
do not encompass the installation of aerial wire or cable over existing
aerial corridors of prior or permitted use or the underground installation
of wire or cable along existing underground corridors of prior or permitted
use, established by the applicant or others. The use of existing buildings,
towers or corridors is an environmentally desirable alternative to the
construction of new facilities and is encouraged. The provisions of
§ 1.1307(a) and (b) of this part do not encompass the construction of new
submarine cable systems.
Note 2: The specific height of an antenna tower or supporting structure, as
well as the specific diameter of a satellite earth station, in and of
itself, will not be deemed sufficient to warrant environmental processing,
see § 1.1307 and § 1.1308, except as required by the Bureau pursuant to the
Note to § 1.1307(d).
Note 3: The construction of an antenna tower or supporting structure in an
established “antenna farm”: (i.e., an area in which similar antenna towers
are clustered, whether or not such area has been officially designated as an
antenna farm), will be categorically excluded unless one or more of the
antennas to be mounted on the tower or structure are subject to the
provisions of § 1.1307(b) and the additional radiofrequency radiation from
the antenna(s) on the new tower or structure would cause human exposure in
excess of the applicable health and safety guidelines cited in § 1.1307(b).
[ 51 FR 15000 , Apr. 22, 1986, as amended at 51 FR 18889 , May 23, 1986; 53 FR 28393 , July 28, 1988; 56 FR 13414 , Apr. 2, 1991; 64 FR 19061 , Apr. 19, 1999;
77 FR 3952 , Jan. 26, 2012; 80 FR 1268 , Jan. 8, 2015]
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Goto Section: 1.1305 | 1.1307
Goto Year: 2014 |
2016
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