§ 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)(i) 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.

   (ii) The requirements in paragraph (a)(4)(i) of this section do not
   apply to:

   (A) The mounting of antennas (including associated equipment such as
   wiring, cabling, cabinets, or backup-power) on existing utility
   structures (including utility poles and electric transmission towers in
   active use by a “utility” as defined in Section 224 of the
   Communications Act, 47 U.S.C. 224, but not including light poles, lamp
   posts, and other structures whose primary purpose is to provide public
   lighting) where the deployment meets the following conditions:

   (1) All antennas that are part of the deployment fit within enclosures
   (or if the antennas are exposed, within imaginary enclosures) that are
   individually no more than three cubic feet in volume, and all antennas
   on the structure, including any pre-existing antennas on the structure,
   fit within enclosures (or if the antennas are exposed, within imaginary
   enclosures) that total no more than six cubic feet in volume;

   (2) All other wireless equipment associated with the structure,
   including pre-existing enclosures and including equipment on the ground
   associated with antennas on the structure, are cumulatively no more
   than seventeen cubic feet in volume, exclusive of

   (i) Vertical cable runs for the connection of power and other services;

   (ii) Ancillary equipment installed by other entities that is outside of
   the applicant's ownership or control, and

   (iii) Comparable equipment from pre-existing wireless deployments on
   the structure;

   (3) The deployment will involve no new ground disturbance; and

   (4) The deployment would otherwise require the preparation of an EA
   under paragraph (a)(4)(i) of this section solely because of the age of
   the structure; or

   (B) The mounting of antennas (including associated equipment such as
   wiring, cabling, cabinets, or backup-power) on buildings or other
   non-tower structures where the deployment meets the following
   conditions:

   (1) There is an existing antenna on the building or structure;

   (2) One of the following criteria is met:

   (i) Non-Visible Antennas. The new antenna is not visible from any
   adjacent streets or surrounding public spaces and is added in the same
   vicinity as a pre-existing antenna;

   (ii) Visible Replacement Antennas. The new antenna is visible from
   adjacent streets or surrounding public spaces, provided that

   (A) It is a replacement for a pre-existing antenna,

   (B) The new antenna will be located in the same vicinity as the
   pre-existing antenna,

   (C) The new antenna will be visible only from adjacent streets and
   surrounding public spaces that also afford views of the pre-existing
   antenna,

   (D) The new antenna is not more than 3 feet larger in height or width
   (including all protuberances) than the pre-existing antenna, and

   (E) No new equipment cabinets are visible from the adjacent streets or
   surrounding public spaces; or

   (iii) Other Visible Antennas. The new antenna is visible from adjacent
   streets or surrounding public spaces, provided that

   (A) It is located in the same vicinity as a pre-existing antenna,

   (B) The new antenna will be visible only from adjacent streets and
   surrounding public spaces that also afford views of the pre-existing
   antenna,

   (C) The pre-existing antenna was not deployed pursuant to the exclusion
   in this subsection (§ 1.1307(a)(4)(ii)(B)(2)(iii)),

   (D) The new antenna is not more than three feet larger in height or
   width (including all protuberances) than the pre-existing antenna, and

   (E) No new equipment cabinets are visible from the adjacent streets or
   surrounding public spaces;

   (3) The new antenna complies with all zoning conditions and historic
   preservation conditions applicable to existing antennas in the same
   vicinity that directly mitigate or prevent effects, such as camouflage
   or concealment requirements;

   (4) The deployment of the new antenna involves no new ground
   disturbance; and

   (5) The deployment would otherwise require the preparation of an EA
   under paragraph (a)(4) of this section solely because of the age of the
   structure.

   Note to paragraph (a)(4)(ii): A non-visible new antenna is in the “same
   vicinity” as a pre-existing antenna if it will be collocated on the
   same rooftop, façade or other surface. A visible new antenna is in the
   “same vicinity” as a pre-existing antenna if it is on the same rooftop,
   façade, or other surface and the centerpoint of the new antenna is
   within ten feet of the centerpoint of the pre-existing antenna. A
   deployment causes no new ground disturbance when the depth and width of
   previous disturbance exceeds the proposed construction depth and width
   by at least two feet.

   (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).
   Commercial Mobile Radio Services (part 20) 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).
       Consumer Signal Booster equipment grantees under the Commercial
   Mobile Radio Services provisions in part 20 are required to attach a
   label to Fixed Consumer Booster antennas that:
       (1) Provides adequate notice regarding potential radiofrequency
   safety hazards, e.g., information regarding the safe minimum separation
   distance required between users and transmitting antennas; and
       (2) references the applicable FCC-adopted limits for radiofrequency
   exposure specified in § 1.1310.
   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.
   Auxiliary and Special Broadcast and Other Program Distributional
   Services (part 74) Subparts G and 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)(i) Mobile and portable transmitting devices that operate in the
   Commercial Mobile Radio Services pursuant to part 20 of this chapter;
   the Cellular Radiotelephone Service pursuant to part 22 of this
   chapter; the Personal Communications Services (PCS) pursuant to part 24
   of this chapter; the Satellite Communications Services pursuant to part
   25 of this chapter; the Miscellaneous Wireless Communications Services
   pursuant to part 27 of this chapter; the Maritime Services (ship earth
   stations only) pursuant to part 80 of this chapter; the Specialized
   Mobile Radio Service, the 4.9 GHz Band Service, or the 3650 MHz
   Wireless Broadband Service pursuant to part 90 of this chapter; the
   Wireless Medical Telemetry Service (WMTS), or the Medical Device
   Radiocommunication Service (MedRadio) pursuant to part 95 of this
   chapter; or the Citizens Broadband Radio Service pursuant to part 96 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.

   (ii) 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), 15.257(g), 15.319(i), and 15.407(f) of this chapter.

   (iii) Portable transmitting equipment for use in the Wireless Medical
   Telemetry Service (WMTS) is subject to routine environment evaluation
   as specified in § § 2.1093 and 95.1125 of this chapter.

   (iv) Equipment authorized for use in the Medical Device
   Radiocommunication Service (MedRadio) as a medical implant device 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 and
   95.1221 of this chapter by finite difference time domain (FDTD)
   computational modeling or laboratory measurement techniques. Where a
   showing is based on computational modeling, the Commission retains the
   discretion to request that supporting documentation and/or specific
   absorption rate (SAR) measurement data be submitted.

   (v) 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.

   (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.

   Note to paragraph (d): Pending a final determination as to what, if
   any, permanent measures should be adopted specifically for the
   protection of migratory birds, the Bureau shall require an
   Environmental Assessment for an otherwise categorically excluded action
   involving a new or existing antenna structure, for which an antenna
   structure registration application (FCC Form 854) is required under
   part 17 of this chapter, if the proposed antenna structure will be over
   450 feet in height above ground level (AGL) and involves either:

   1. Construction of a new antenna structure;

   2. Modification or replacement of an existing antenna structure
   involving a substantial increase in size as defined in paragraph
   I(C)(1)(3) of Appendix B to part 1 of this chapter; or

   3. Addition of lighting or adoption of a less preferred lighting style
   as defined in § 17.4(c)(1)(iii) of this chapter. The Bureau shall
   consider whether to require an EA for other antenna structures subject
   to § 17.4(c) of this chapter in accordance with § 17.4(c)(8) of this
   chapter. An Environmental Assessment required pursuant to this note
   will be subject to the same procedures that apply to any Environmental
   Assessment required for a proposed tower or modification of an existing
   tower for which an antenna structure registration application (FCC Form
   854) is required, as set forth in § 17.4(c) of this chapter.

   (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 § 1.1307, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.fdsys.gov.

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