FCC Web Documents citing 1.1301

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations (``Applicants'') are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in
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  • 20554. . or call the Consumer & Governmental Affairs Bureau at 202-418-0531 (voice), 202-418-7365 (tty). ordering clauses Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 1, 4(i), 303(r) of the Communications Act, 47 U.S.C. Sections 151, 154(i), and 303(r), this Notice of Inquiry is ADOPTED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. �� 1.1301-1.1319. (last visited August 14, 2003). See 50 C.F.R. � 10.13 (list of migratory bird species protected by Migratory Bird Treaty Act); see also Revised List of Migratory Birds, 66 Fed. Reg. 52,282 (October 12, 2001). (Aug. 31, 2000) (Manville) (discussing known and suspected causes of bird collisions with communications towers). Communications towers also may have an impact on migratory birds
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  • 66 Fed. Reg. 3853 (Jan. 10, 2001). Section 2(g) of Exec. Order No. 13186 defines ``Federal agency'' to mean ``an executive department or agency, but does not include independent establishments as defined by 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. �� 101, 104. 47 C.F.R. � 1.1301 et seq; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986). 47 C.F.R. � 1.1305. The Commission has identified no common fact pattern which would enable it to specify actions that automatically require an EIS. Id. 47 C.F.R. � 1.1307(a)(1)-(8), (b). Section 1.1307(a) provides that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-6A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-6A1.pdf
  • more certainty? How should licensing for the 4.9 GHz band and the 700 MHz band match? Should licensing rules be structured for the two bands to encourage use of the 4.9 GHz band? If so, how? Compliance With the Commission's Environmental Regulations All towers constructed by or for FCC licensees must comply with the Commission's environmental regulations, 47 C.F.R. �� 1.1301-1.1319. These rules implement federal environmental statutes, including the National Environmental Policy Act of 1969 (42 U.S.C. � 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. � 1531 et seq.), and Section 106 of the National Historic Preservation Act (16 U.S.C. � 470f). The Commission's rules require an Environmental Assessment (EA) prior to construction when a facility may
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  • for Stay of James M. Tennant, filed May 9, 2000 (``Emergency Motion''). See Application of SCANA Communications, Inc. Proposed Antenna Tower - Georgetown, SC Amendment to Antenna Structure Registration No. 1044931, DA 00-821, Memorandum Opinion and Order (rel. April 11, 2000) (``Georgetown SC Order''). Id. Id. at para. 33. The Commission's environmental regulations implementing NEPA are at 47 C.F.R. �� 1.1301-1.1319. These regulations refer to the regulations adopted by the Advisory Council on Historic Preservation (``Advisory Council'') implementing NHPA (see 36 C.F.R. Part 800). Georgetown SC Order at para. 33. See Application for Review of James M. Tennant, filed May 10, 2000 (``Application for Review''). Emergency Motion at 3-8 and 9-11. Id. at 8-9. Id. at 12-17. Id. at 17-18. Mr.
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  • al., Cable Landing License, 13 FCC Rcd 16232, 16237 � 15 (Int'l Bur. 1998). See 47 U.S.C. � 153(44) (defining ``telecommunications carrier''); Cable & Wireless, 12 FCC Rcd at 8523. See Amended Application at 2, 7-9 and Exhibit D. Letter from Mark J. Palchick, Attorney for Applicant, to Donna Christianson, Federal Communications Commission (May 2, 2000). Id. 47 C.F.R. �� 1.1301-.1319. (continued....) Federal Communications Commission DA 00-1349 Federal Communications Commission DA 00-1349 �� � �@��� � �8��PNG e"(c)>>����� �/�(��-��dO�oi�_�[ �g�bVa�"� #k�"��b��'������
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    • Cables of the World: Western Pacific and Far Eastern Region,'' at http://www.iscpc.org/cabledb/wpac_page.htm. See, supra n. 51, Guam-Philippines Cable Order. See AJC Nov. 6 Letter at 1-2. See 47 U.S.C. � 153(44) (defining ``telecommunications carrier''); Cable & Wireless UK Cable Order, 12 FCC Rcd at 8523, para. 17. See AJC Application at 8-20. See 47 C.F.R. � 1.767(a). 47 C.F.R. �� 1.1301-1.1319. (continued....) Federal Communications Commission Federal Communications Commission DA 00-2758 � � � � � � �@��� � ��PNG N��6xtCo��#�� ���� �ԛG��� ���`��}��[� � ��1 d����|������� �9� h&�߸Z dQ����φ� J1~��GշԚ ��+�}~''g̢�=~Yd��7� �4n���G�"V...$xU�ˢA�������a��c��? �/ �{ʯ���eE�"� (R)��oQw�� _�˦�1~�U��.� n�� ���ձ-(R)6�-� ���?(�-^�W �(R) �3�"�_�� rY��7- ?���]�� ��1�! xu�{[� ��R�� t�]S�?t%�A����5]���c�i�Y�OW��n��tm�)� � o��� ~� ����-՟C � y(�"YT �3]��_h�_r`lB�c�9~����""����i~l� X``�(c)�o ~y���s�-_��.�x�_f2?��-E � 럾���j�%$���o���X��!�؛x��Oa��(c)"��h5��^� ���� ���'1����~6#xE: ���%V=
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    • 16237 � 15 (Int'l. Bur. 1998). See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. See Application at 7-9 and Attachment C. SAC Ltd. will own greater than 99 percent of these entities with the remaining interest held by South American Crossing Holdings Ltd., the parent company of SAC Ltd. 47 C.F.R. �� 1.1301-.1319 (1997). Federal Communications Commission DA 00-310 Federal Communications Commission DA 00-310 " " � �0tm3p��� �D�!kd '$ \�s�k׭���w hg ~�E��!��EN� � � �) L``� ��"[�^�wmr- ��"�� -N�=���4 �?QZ�I�l� ��M�!D��];��q,�2�� x=���/ �(^� ��M9���vNC�,tm#��'�`�"-�~%v1�5�׋ �?x���9��+�����\�¿d�R��A�� � c- ��k��ьk��tm�y Z�q�(c)��Ys���-%} �����|��Z��]��S�w�ϧQ��9G&�u��(c)C&m9 0���!r� � �#���~N��''�8�(R)'�c}���5���[/ �hO(c) "����^ ���MD�p�%�|�� �]%s0��c�l ?�>ӬN���
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    • 12 FCC Rcd at 8530 � 39; AT&T Corp. et al., Cable Landing License, 13 FCC Rcd 16232, 16237 �15 (Int'l Bur. 1998). NARUC I at 641. See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. See Application at 5 and additional landing points notification contained in File No. SCL-LPN-19990902-00017. 47 C.F.R. �� 1.1301-.1319. Federal Communications Commission DA 00-76 Federal Communications Commission DA 00-76 Exhibit A i j h� � z�r� �3��``�"��� y �0(`���vW�_z\e���4����w���M2�R��L�Y}...� �w ���� BT� l ���... ?X:���C xp�؍'o: ���m��� ...(R){n1�� ���� �"�}��t �E썚�f����|���`�\��}4�n� �f�g‰É cd�7�{��  � N� �����-\��u�@��= ~P�}�a�kBn����޴y(R)�}*� T(R)Q�>X ** ���8(c)��2tm�� �� �Q��B����uF �0�`Zx� �_� �Ď����^��� �� G 9�& ...5g?�6ÿS�Y�� �V��^�=2%{ c����=sp� C މ�����8_�`iu �{ ~�\���}��X���� ��-L-��4��y 6ss\ �'l����-x�JH
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    • Communications, Inc. Tower Registration Modification for Georgetown, South Carolina; Petition to Deny, filed September 25, 1998 ("Tennant Petition"). See Proposed Antenna Tower - Georgetown, South Carolina, Amendment to Antenna Structure Registration No. 1044931, filed July 20, 1998. The National Register of Historic Places was created pursuant to the National Historic Preservation Act. See 16 U.S.C. � 470a(1)(A). 47 C.F.R. �� 1.1301-1.1319 (Subpart I - Procedures for Implementing the National Environmental Policy Act of 1969). NEPA is codified at 42 U.S.C. �� 4321-4395 (1997). Informal objections to the proposed antenna structure were also filed by a number of other individuals (``informal objectors''), and the National Trust for Historic Preservation ("National Trust") filed comments. Informal objectors generally assert and the National Trust argues
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    • Structure Registration For the State of Maryland, Department of Budge and Management Ellicott City Public Safety Communications Tower 3451 Courthouse Drive, Ellicott City, Howard County, Maryland filed July 2, 2001 (``Bright Supplemental Petition''). Letter from Mary Catherine Cochran, President, Preservation Howard County to Federal Communications Commission (``Commission'' or ``FCC'') dated July 2, 2001 (``Preservation Howard County Objection''). 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4395 (1997). 16 U.S.C. � 470f. Maryland DBM Application. Under the Commission's rules, any proposed antenna structure that requires notice of proposed construction to the Federal Aviation Administration (``FAA'') must be registered with the Commission prior to construction. 47 C.F.R. � 17.4; see also 47 C.F.R. � 17.7 (requiring registration and FAA notification for antenna structures that
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    • the use of SDARS frequency bands, except that Commission approval shall not be required for SDARS repeaters already coordinated successfully with Canada or Mexico; (2) any SDARS repeater that fails to comply with the requirements of 47 CFR � 17.4 of the Commission's rules; (3) any SDARS repeater that will have significant environmental effects, as defined by 47 CFR � 1.1301 through 1.1319 of the Commission's rules. We seek comment on the feasibility of this requirement. III. Low Power Repeater (LPR) Operations A. LPR Operation. We seek comment on permitting an SDARS licensee to operate an unlimited number of LPRs without prior coordination as of the effective date of the Commission Order adopting final rules governing SDARS repeaters and where prior
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    • 55. Id. Id. Whether licensed geographically or on a site-specific basis, major applications require prior FCC approval. See 47 C.F.R. �� 1.929, 1.947. Major applications include applications for: initial authorization; any substantial change in ownership or control, including requests for partitioning and disaggregation; license renewal; a facility that would have a significant environmental effect as defined by 47 C.F.R. �� 1.1301-1.1319; and applications requiring frequency coordination pursuant to the FCC's Rules or international treaty or agreement. See 47 C.F.R. � 1.929. Channel assignment and/or usage are subject to the applicable provisions and requirements of treaties and other international agreements. 47 C.F.R. � 1.923(g). 47 U.S.C. � 337. 47 C.F.R. Parts 1, 90. 47 C.F.R. �� 90.521-90.553. See Third MO&O and Third
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    • the Communications Act, as amended, 47 U.S.C. � 154(i), and section 1.1313 of the Commission's Rules, 47 C.F.R. � 1.1313, the 29 Objections/Petitions to Deny, jointly filed by the Friends of Earth and the Forest Conservation Council against 29 Applications for Antenna Structure Registrations, ARE DISMISSED. Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. � 17.7(a) (``....of more than 60.96 meters (200 feet) in height above ground level.''). 47 C.F.R. � 1.1307. See 47 C.F.R. � 1.1308; see also In the Matter of Streamlining the Commission's Antenna Structure Clearance Procedure, Report and Order, 11 FCC Rcd. 4272, 4289, � 41 (1995). The applicants, file numbers, dates of public notice and pleadings for
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    • in Broadcast Licensing, Memorandum Opinion and Order, 7 FCC Rcd 6564, 6566-67 (1992) (eliminating requirement that broadcast applicants report ``pending litigation'' relating to certain potential character qualifications, while maintaining requirement that applicants report adverse findings on these issues). See generally Quiet Zones NPRM, supra. See generally 47 C.F.R. � 1.935. The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4347. 16 U.S.C. �� 1531-1543. 16 U.S.C. �� 470 et seq. 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
    • in Broadcast Licensing, Memorandum Opinion and Order, 7 FCC Rcd 6564, 6566-67 (1992) (eliminating requirement that broadcast applicants report ``pending litigation'' relating to certain potential character qualifications, while maintaining requirement that applicants report adverse findings on these issues). See generally Quiet Zones NPRM, supra. See generally 47 C.F.R. � 1.935. The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4347. 16 U.S.C. �� 1531-1543. 16 U.S.C. �� 470 et seq. 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended
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    • be served by this facility notice of the finding herein of no significant impact. 19. This action is taken pursuant to delegated authority under Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. Federal Communications Commission Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 1.1307. 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4395 (1997). 16 U.S.C. � 470f. See 47 C.F.R. � 1.1307(a). An informal public informational meeting was held on April 16, 2001, at Grace Episcopal Church in Albemarle County. The Albemarle County Board of Supervisors and Planning Commission held public meetings on November 15, 2001, November 27, 2001, December 18, 2001, and January 9, 2002. In addition,
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    • the following actions as ``major'' for all stations in all Wireless Radio Services: (1) Application for initial authorization; (2) Any substantial change in ownership or control, including requests for partitioning and disaggregation; (3) Application for renewal of authorization; (4) Application or amendment requesting authorization for a facility that would have a significant environmental effect, as defined by 47 C.F.R. �� 1.1301 through 1.1319; (5) Application or amendment requiring frequency coordination pursuant to the Commission's rules or international treaty or agreement; (6) Application or amendment requesting to add a frequency or frequency block for which the applicant is not currently authorized, excluding removing a frequency. Although 47 C.F.R. � 1.929(a) includes applications for renewal of authorization in the list of major actions,
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    • Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. FEDERAL COMMUNICATIONS COMMISSION Jeffrey S. Steinberg Deputy Chief Spectrum and Competition Policy Division Wireless Telecommunications Bureau VoiceStream PCS II License Corporation is ultimately held by T-Mobile USA, Inc., formerly known as VoiceStream Wireless Corporation. The name changed on August 30, 2002. 47 C.F.R. �� 1.1308 and 1.1311. 47 C.F.R. �� 1.1301 - 1.1319. 42 U.S.C. �� 4321-4395 (1997). 47 C.F.R. � 1.1307(c). On November 24, 2003, the infrastructure deployment functions of the CWD were transferred to the Spectrum and Competition Policy Division (``SCPD'') as part of the reorganization of the Wireless Telecommunications Bureau. As used herein, the term ``Division'' refers interchangeably to CWD before the reorganization or SCPD after the reorganization.
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    • 5, 2004; and the Potomac Trail Club, dated March 5, 2004. NPS Comments, dated March 5, 2004. Request for Approval of Withdrawal of Comments of the National Park Service with a Memorandum of Understanding, filed June 30, 2004. HFC Petition at 2; Club Petition at 1. 47 C.F.R. � 1.1307(a)(4); See also 36 C.F.R. � 800.5(a). See 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4395 (1997). 16 U.S.C. � 470f. FCC File No. 000160177. The State applied to change its microwave link, pursuant to a microwave relocation agreement between the State and T-Mobile USA, Inc. (T-Mobile), a Personal Communications Service (PCS) licensee in the area, to avoid interference between the PCS license and the 2 GHz link. See 47 C.F.R. ��101.69-101.79.
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    • Satellite Receivers, Ltd. to Provide A Fixed Service in the 12.2-12.7 GHz Band, Memorandum Opinion and Order and Second Report and Order, 17 FCC Rcd 9614 (``MVDDS Second R&O''). Multichannel Video Distribution and Data Service Spectrum Auction Closes; Winning Bidders Announced, Public Notice, DA 04-215 (rel. February 2, 2004). 47 C.F.R. � 25.114(c)(23); 47 C.F.R. � 25.111(c). 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. � 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd 10180 (2003). 47 C.F.R. ��
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    • 13 See Memorandum from David Northrup, Esq. to Don Johnson, Esq., staff attorney, Spectrum and Competition Policy Division, dated August 10, 2004; see also Letter from Aaron Goldschmidt, Assistant Chief, Spectrum and Competition Policy Division, to John Talberth, Esq., dated September 7, 2004. 14 16 U.S.C. � 1538 et seq. 15 See Petition at 2-4. 16 See 47 C.F.R. �� 1.1301�1.1319. 17 See Petition at 4. 18 16 U.S.C. � 703 et seq. 19 40 C.F.R.�� 1501 et seq. 20 See Petition at 3. Federal Communications Commission DA 04-2990 3 assert that the Commission must conduct an Environmental Impact Study ("EIS") regarding migratory birds and communications towers.21 7. As part of our EA review process, we first determine whether the proposed
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    • No. 03-264, Notice of Proposed Rulemaking, 19 FCC Rcd 708 (2004) (Streamlining NPRM). See In the Matter of Review of Quiet Zones Application Procedures, WT Docket No. 01-319, Report and Order, 19 FCC Rcd 3267 (2004) (Quiet Zones Report and Order). Rural R&O and FNPRM, 19 FCC Rcd 19078 (2004). The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4347. 16 U.S.C. �� 1531-1543. 16 U.S.C. �� 470 et seq. 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended
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    • violate Section 110(k) of the NHPA and the Commission's rules. The instructions below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement'') and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The NT Submission Packet should not be submitted for undertakings that are excluded from Section 106 Review. The categories of new tower construction that are excluded from historic preservation review under Section 106 of the NHPA are described in Section III of the
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    • below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement''), the ``Nationwide Programmatic Agreement for the Collocation of Wireless Antennas'' (``Collocation Agreement''), and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The CO Submission Packet should be submitted only for those collocations that are subject to Section 106 review. The CO Submission Packet should not be submitted for collocations that have been excluded from Section 106 Review by the Collocation Agreement or the Nationwide
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    • Crown Castle Communications On November 24, 2003, responsibility for this matter was transferred from the Commercial Wireless Division (CWD) to the Spectrum and Competition Policy Division (SCPD) as part of a Wireless Telecommunications Bureau reorganization. As used herein, the term ``Division'' refers interchangeably to CWD before the reorganization or SCPD after the reorganization. 16 U.S.C. � 470f. See 47 C.F.R. ��1.1301-1.1319. See Letter from SCSHPO to R.S. Webb Associates (consultant for BellSouth Mobility, Inc.), dated September 10, 1996. See Petition for Writ of Mandamus, In re: Tennant, No. 02-1060 (D.C. Cir.). See Letter from J. Emory Smith, Assistant Deputy Attorney General, South Carolina to Stanley M. Gorinson, Esq., et al. (counsel for Cingular), dated August 28, 2003. It is well settled
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2848A1_Erratum.doc
    • Crown Castle Communications On November 24, 2003, responsibility for this matter was transferred from the Commercial Wireless Division (CWD) to the Spectrum and Competition Policy Division (SCPD) as part of a Wireless Telecommunications Bureau reorganization. As used herein, the term ``Division'' refers interchangeably to CWD before the reorganization or SCPD after the reorganization. 16 U.S.C. � 470f. See 47 C.F.R. ��1.1301-1.1319. See Letter from SCSHPO to R.S. Webb Associates (consultant for BellSouth Mobility, Inc.), dated September 10, 1996. See Petition for Writ of Mandamus, In re: Tennant, No. 02-1060 (D.C. Cir.). See Letter from J. Emory Smith, Assistant Deputy Attorney General, South Carolina to Stanley M. Gorinson, Esq., et al. (counsel for Cingular), dated August 28, 2003. It is well settled
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    • run.'' The Nation states that it was not able to participate earlier because the maps included with Cram's proposal did not identify the Nation's border. The Nation claims that it was unaware of the project's potential adverse impact until recently, when it observed tree clearing. See 16 U.S.C. � 470f. The Commission's environmental rules implement NHPA at 47 C.F.R. �� 1.1301-1.1319 and App. C to 47 C.F.R. pt. 1. See also infra note 8 and accompanying text. See supra note 2 regarding tolling treatment under the previously issued permit that remains in effect. See 47 C.F.R. � 73.3598(b)(ii). See supra note 2. See NPA, Sec. IV, adopted in Report and Order, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation
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    • 445 12th Street S.W., CY-B402, Washington, D.C. 20554. or call the Consumer & Governmental Affairs Bureau at 202-418-0531 (voice), 202-418-7365 (tty). . See Letter from Thomas L. Stokes, Jr., Stokes Environmental Services, LLC, to Jeffrey Steinberg, Esq., Deputy Chief, Spectrum and Competition Policy Division, dated May 28, 2004. A copy is attached to the public notice. See 47 C.F.R. �� 1.1301-1.1319. See 47 C.F.R. � 1.1307(a)(7). See 33 C.F.R. �� 325.1-10 and Appendices (Processing of Department of Army Permits); see also Section 404 of the Clean Water Act, 33 U.S.C. � 1344. See 33 C.F.R. �� 325.1-10 and Appendices. See Weigel Broadcasting Co., Memorandum Opinion & Order, 11 FCC Rcd. 17202, 17207, �13 (1998). See 33 C.F.R. �� 330.1-6. See Electronic
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    • (Wireless Tel. Bur. 2001) (Collocation Agreement). See 16 U.S.C. � 470f. See 16 U.S.C. � 470w(7)(C) (emphasis added). See 36 C.F.R. � 800.14(b) (``The Council and the agency official may negotiate a programmatic agreement to govern the implementation of a particular program or the resolution of adverse effects from certain complex project situations or multiple undertakings''). See 47 C.F.R. �� 1.1301-1.1319. See 47 C.F.R. �� 1.1307(a)(4), 1.1312. See 36 C.F.R. � 800.14(b). See Sprint Petition at 1-3. See Sprint Petition at 4. 47 C.F.R. �1.1307(a)(4). See 36 C.F.R. Part 800, Subpart B. Nationwide Programmatic Agreement Regarding the Section 106 Historic Preservation Act Review Process, WT Docket No. 03-128, Report and Order, FCC 04-222 (released October 5, 2004) (NPA Report and Order),
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    • W. Seidel, Acting Chief, Wireless Telecommunications Bureau (October 8, 2005) (Crouch Petition); e-mail from Jameely Moore, Edisto Island resident, to Catherine W. Seidel, Acting Chief, Wireless Telecommunications Bureau (October 17, 2005) (Moore Petition); and e-mail from Johnnie and Susan Walker, Edisto Island residents, to Catherine W. Seidel, Acting Chief, Wireless Telecommunications Bureau (October 17, 2005) (Walker Petition). 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4395. 16 U.S.C. � 470f. Environmental Assessment at � 1.1. Letter from H. Anthony Lehv, Senior Vice President and Associate General Counsel, American Tower, to Frank Stilwell, Attorney, FCC (included in American Tower NEPA Review - Supplemental Information, filed January 11, 2006). See 47 C.F.R. � 1.1307(a)(6). See Application. See Public Notice, Antenna Structure Registration Service Information,
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    • Results: News Dependent Variable Independent Variables P-value Factor E[y|x] P-value Factor Pr(y=0|z) In-Market Stations Owned by Parent -0.0425 0.1490 0.9584 -0.0938 0.1200 0.9105 -7.34 Out-of-Market Stations Owned by Parent -0.0002 0.2120 0.9998 -0.0006** 0.0350 0.9994 -0.01 Distance between Station and Parent (in ln(miles)) -0.0267 0.3710 0.9737 0.0964 0.1010 1.1012 -13.30 Waived Prohibition on In-Market Newspaper Cross- ownership (1=yes) 0.1223 0.6160 1.1301 -19.5256***0.0000 0.0000 118.84 Cross-owned with TV Station in DMA (1=yes) 0.4595***0.0020 1.5834 0.5914* 0.0990 1.8065 109.86 Percentage of Other Market Stations with News Format -0.0139***0.0000 0.9862 -0.0166 0.2510 0.9835 -3.20** Total Stations in the Market 0.0048* 0.0850 1.0048 0.0037 0.5480 1.0038 1.21 Market Median Commute Time -0.0071 0.6190 0.9929 -0.0104 0.7830 0.9897 -1.53 Percentage of Market Population Male 0.0937 0.1300
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    • I.B.3 of this Public Notice. In the Matter of DTV Consumer Education Initiative, MB Docket No. 07-148, Notice of Proposed Rulemaking, FCC 07-148, � 17 (rel. July 30, 2007) Cellco Partnership d/b/a Verizon Wireless v. FCC, Case Nos. 07-1359 & 07-1382, U.S. Court of Appeals for the District of Columbia Circuit. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. See 47 U.S.C. � 309(j)(3)(E)(ii). In the 700 MHz Auction Public Notice, the Bureau proposed to start Auction 73 on January 16, 2008. MetroPCS Comments at 5; US Cellular Reply Comments at 9. See also, ``Joint Request for Mid-December Short-Form Filing Deadline,'' filed by Frontline, MetroPCS, RTG, and US Cellular, filed on October 2,
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    • R&O and FNPRM, 19 FCC Rcd 19078 (2004). Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize Various Rules Affecting Wireless Radio Services, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005). The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 U.S.C. �� 4321-4347. 16 U.S.C. �� 1531-1543. 16 U.S.C. �� 470 et seq. 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended
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    • licensees who did not file under the mandatory data collection requirements, and who subsequently claim that they are entitled to relocation or reimbursement, have the burden to demonstrate to an AWS entrant that they meet the relocation eligibility requirements. See. e.g., Ninth Report and Order, 21 FCC Rcd at 4473 n.40. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. MetroPCS Comments at 15-16; Leap Reply Comments at 2-3. The Bureau previously announced that Auction 78 would start on July 29, 2008. Auction 78 Comment Public Notice at 5485 � 1. MetroPCS Comments at 15-16; Leap Reply Comments at 2-3. MetroPCS Comments at 15. Id. at 15-16. Leap Reply Comments at 2-3. See Section
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    • Confidential Treatment Attached'' or ``Not for Public Inspection.'' Any such request must cover all of the material to which the request applies. See 47 C.F.R. �0.459(a). See section VI. (contact information), below See section II.H. (maintaining current information in short-form applications), below. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 1.924. Id. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. 47 C.F.R. � 1.2105. Id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due June 2, 2008,'' below. 47 C.F.R. � 1.2105(a)(2)(v). 47 C.F.R. � 1.2105(b). See generally, Extending Wireless Telecommunications Services to Tribal Lands, WTB Docket No. 99-266, Third Report and Order, 19
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    • 47 C.F.R. � 27.1236. See BRS/EBS 3rd MO&O, 21 FCC Rcd at 5674 � 143. WCAI Comments at 8. See 47 C.F.R. �� 27.1237-27.1239. See id. See 47 C.F.R. � 27.1207(b)(1)(i). For information on the agreements with Canada and Mexico, prospective bidders should go to http://www.fcc.gov/ib/sand/agree/welcome.html. 47 C.F.R. �� 1.924, 27.1207(b)(1)(ii). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 86 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. � 1.2105. Id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due September 24, 2009,'' below. 47 C.F.R. � 1.2107. 47 C.F.R. � 1.2105(a)(2)(v). 47 C.F.R.
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    • Act Review Process.89The licensee must prepare environmental assessments for facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or designated critical habitats, historical or archaeological sites, Indian religious sites, floodplains, and surface features. The licensee also must prepare environmental assessments for facilities 8747 C.F.R. Ch. 1, Subpart I. 8847 C.F.R. �� 1.1301-1.1319. 8947 C.F.R. Part 1, Appendix C. 8292 Federal Communications Commission DA 09-1376 that include high intensity white lights in residential neighborhoods or excessive radio frequency emission. D. Auction Specifics 1. Auction Start Date 53. Bidding in Auction 86 will begin on Tuesday, October 27, 2009, as announced in the Auction 86 Comment Public Notice.90The initial schedule for bidding will be
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    • 47 C.F.R. � 73.202. See, e.g., Charlotte Amalie, Frederiksted, and Christiansted, U.S. Virgin Islands, Report and Order, DA 03-4120, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, Report and Order, DA 00-865, 15 FCC Rcd 7528 (MMB 2000); Circleville, Ohio, Second Report and Order, 8 F.C.C.2d 159 (1967). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Minority Media Reply Comments at 2-3. Briarwood Reply Comments at 3. Comments of Sutton Radiocasting Corporation, filed April 1, 2009 (Sutton Reply Comments). MEI Comments at 2. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73-5002. Id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163.
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    • the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corps of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). In assessing the effect of facilities construction on historic properties, the permittee or licensee must follow the provisions of the FCC's 5747 C.F.R. Ch. 1, Subpart I. 5847 C.F.R. �� 1.1301-1.1319. 4459 Federal Communications Commission DA 09-810 Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process.59The permittee or licensee must prepare environmental assessments for facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or designated critical habitats, historical or archaeological sites, Indian religious sites, floodplains, and surface features.
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    • 101.113(a) note 11, and 101.147(p) of the Commission's Rules, 47 C.F.R. �� 101.105(a)(4)(i), 101.113(a) note 11, 101.147(p), are WAIVED to authorize MDS Operations to operate a transmitting antenna at Sandia Park, New Mexico, with the following terms and conditions: MDS Operations must file an application requesting authorization for any facility that would have a significant environmental effect, as defined by ��1.1301 through 1.1319 of the Commission's Rules, 47 C.F.R. �� 1.1301-1.1319, and nothing herein absolves MDS Operations from any obligations under Part 17 of the Commission's Rules (Construction, Marking, and Lighting of Antenna Structures), 47 C.F.R. �� 17.1-17.58. The transmitting antenna shall be: es from True North, with a minus 4.5 degree physical beamtilt, at a height no greater than 30
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    • 101.113(a) note 11, and 101.147(p) of the Commission's Rules, 47 C.F.R. �� 101.105(a)(4)(i), 101.113(a) note 11, 101.147(p), are WAIVED to authorize MDS Operations to operate a transmitting antenna at Sandia Park, New Mexico, with the following terms and conditions: MDS Operations must file an application requesting authorization for any facility that would have a significant environmental effect, as defined by ��1.1301 through 1.1319 of the Commission's Rules, 47 C.F.R. �� 1.1301-1.1319, and nothing herein absolves MDS Operations from any obligations under Part 17 of the Commission's Rules (Construction, Marking, and Lighting of Antenna Structures), 47 C.F.R. �� 17.1-17.58. The transmitting antenna shall be: o located within 50 meters of the following coordinates: 35 13' 01" North Lat. �106 27' 08" West
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    • miles) of the common border. Canada Telecommunication: Coordination and Use of Radio Frequencies Above 30 Megacycles per Second, October 24, 1962, as amended, June 24, 1965, U.S.-Canada. See 47 C.F.R. � 22.531(e) (limiting availability of UHF channels in the Canadian border region). 47 C.F.R. � 1.924. See 47 C.F.R. � 22.503(i). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 87 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. � 1.2105. Id.; Part 1 Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due April 23, 2010,'' below. 47 C.F.R. � 1.2107. 47 C.F.R. � 1.2105(a)(2)(v). 47 C.F.R.
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    • State Historic Preservation Office, the Army Corps of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). In assessing the effect of facilities construction on historic properties, the licensee must follow the provisions of the Nationwide Programmatic Agreement Regarding the Section 106 National 68 47 C.F.R. Ch. 1, Subpart I. 69 47 C.F.R. �� 1.1301-1.1319. 6346 Federal Communications Commission DA 10-18 13 Historic Preservation Act Review Process.70 The licensee must prepare environmental assessments for facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or designated critical habitats, historical or archaeological sites, Indian religious sites, floodplains, and surface features. The licensee also must prepare environmental assessments for
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    • at 2608 n.14. Those orders point out that PMCM's proposals and the allocation of channel 5 to Seaford, Delaware, and channel 4 to Atlantic City, New Jersey, are not mutually-exclusive. Therefore, the Media Bureau has observed that the outcome of PMCM's Application for Review ``is not pertinent'' to the allocation proceedings. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 90 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73.5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due January 21, 2011,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R.
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    • are recorded. 4. Pre-Auction Dates and Deadlines 44. The following dates and deadlines apply: Auction Tutorial Available (via Internet).........................December 8, 2010 Short-Form Application (FCC Form 175) Filing Window Opens.......................................................December 8, 2010; 12:00 noon ET Short-Form Application (FCC Form 175) Filing Window Deadline...................................................December 15, 2010; prior to 6:00 p.m. ET 64 47 C.F.R. Ch. 1, Subpart I. 65 47 C.F.R. �� 1.1301-1.1319. 66 47 C.F.R. Part 1, Appendix C. 67Auction 90 Comment Public Notice at � 1. 68See Section IV.A.1. "Simultaneous Multiple Round Auction," below. 14893 Federal Communications Commission DA 10-2008 Upfront Payments (via wire transfer)................................January 21, 2011; 6:00 p.m. ET Mock Auction...................................................................February 11, 2011 Auction Begins..................................................................February 15, 2011 5. Requirements for Participation 45. Those wishing to participate in this auction must:
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    • Amalie, Frederiksted, and Christiansted, Virgin Islands, Report and Order, DA 03-4120, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, Report and Order, DA 00-865, 15 FCC Rcd 7528 (MMB 2000). 47 C.F.R. Chapter 1, Part 1, Subpart I. Mullaney Comments at 2-3. Mullaney Comments at 3. 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Mullaney Comments at 7. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73-5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 165. Section III.D. ``Upfront Payments - Due March 21, 2011,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
    • have postponed the originally scheduled start of the auction for reasons of administrative and bidder convenience. Mullaney requests that we delay the starting date for the auction until May 3, 2011, and provide a short break on May 5, 2011, for observance of Cinco de Mayo. While 66 47 C.F.R. Chapter 1, Part 1, Subpart I. 67 47 C.F.R. �� 1.1301-1.1319. 68 47 C.F.R. Part 1, Appendix C. 16800 Federal Communications Commission DA 10-2253 we reject Mullaney's suggestion that the main purpose of the auction process is to maximize revenues,69 we acknowledge that if the auction were to start as originally scheduled on March 29, 2011, it might not end before the National Association of Broadcasters convention, which begins on April
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-524A1.txt
    • Frederiksted, and Christiansted, U.S. Virgin Islands, Report and Order, DA 03-4120, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, Report and Order, DA 00-865, 15 FCC Rcd 7528 (MMB 2000); Circleville, Ohio, Second Report and Order, 8 F.C.C.2d 159 (1967). 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 88 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73-5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 163. Section III.D. ``Upfront Payments - Due June 17, 2010,'' below. 47 C.F.R. �� 1.2107, 73.5005. See note
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1455A2_Rcd.pdf
    • of this PEA, preparation of an Environmental Assessment (EA) for a proposed tower more than 450 feet (137 meters) in height to address its potential impact on migratory birds. This PEA has been prepared in accordance with NEPA, the Council on Environmental Quality (CEQ) regulations for implementing NEPA (40 CFR 1500�1508), and the FCC regulations for implementing NEPA (47 CFR 1.1301-1.1319). This PEA will also serve as a means to address the FCC's obligations under other Federal statutes, including the ESA. The scope of this PEA includes an evaluation of the range of potential environmental impacts associated with towers requiring registration under the FCC's ASR Program. Because of the nature of the projects under the ASR Program and in response to
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.txt
    • Amalie, Frederiksted, and Christiansted, Virgin Islands, MM Docket No. 00-102, Report and Order, DA 03-4120, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, MM Docket No. 97-106, Report and Order, DA 00-865, 15 FCC Rcd 7528 (MMB 2000). 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73.5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 165. Section III.D. ``Upfront Payments - Due February 22, 2012,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
    • Auction Tutorial Available (via Internet).........................January 3, 2012 Short-Form Application (FCC Form 175) Filing Window Opens.......................................................January 3, 2012; 12:00 noon ET Short-Form Application (FCC Form 175) Filing Window Deadline...................................................January 12, 2012; prior to 6:00 p.m. ET Upfront Payments (via wire transfer)................................February 22, 2012; 6:00 p.m. ET Mock Auction...................................................................March 23, 2012 6247 C.F.R. Chapter 1, Part 1, Subpart I. 6347 C.F.R. �� 1.1301-1.1319. 6447 C.F.R. Part 1, Appendix C. 65SeeSection IV.A.1. "Simultaneous Multiple Round Auction," below. 15497 Federal Communications Commission DA 11-1845 Auction Begins..................................................................March27, 2012 5. Requirements for Participation 47. Those wishing to participate in this auction must: Submit a short-form application (FCC Form 175) electronically prior to 6:00 p.m. ET, on January 12, 2012, following the electronic filing procedures set forth in
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.txt
    • Order, 23 FCC Rcd at 17,600-01 � 75. See, e.g., AT&T-Verizon Wireless Order, 25 FCC Rcd at 8723-24 � 39; AT&T-Centennial Order, 24 FCC Rcd at 13,935 � 43; Verizon Wireless-ALLTEL Order, 23 FCC Rcd at 17,473 � 53; Sprint Nextel-Clearwire Order, 23 FCC Rcd at 17,591-92 � 53. 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. Auction 92 Comment Public Notice at � 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. � 1.2105. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376-77 �� 165-66. Section III.D. ``Upfront Payments - Due June 17, 2011,'' below. 47 C.F.R. � 1.2107. 47 C.F.R. � 1.2105(a)(2)(v).
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1_Rcd.pdf
    • dates and deadlines apply: Auction Tutorial Available (via Internet).........................May 2, 2011 Short-Form Application (FCC Form 175) Filing Window Opens.......................................................May 2, 2011; 12:00 noon ET Short-Form Application (FCC Form 175) Filing Window Deadline ..................................................May 11, 2011; 6:00 p.m. ET Upfront Payments (via wire transfer)................................June 17, 2011; 6:00 p.m. ET Mock Auction...................................................................July 15, 2011 Auction Begins..................................................................July 19, 2011 61 47 C.F.R. �� 1.1301-1.1319. 62 47 C.F.R. Part 1, Appendix C. 63Auction 92 Comment Public Notice at � 1. 64See Section IV.A.1. "Simultaneous Multiple Round Auction," below. 3355 Federal Communications Commission DA 11-420 13 5. Requirements for Participation 52. Those wishing to participate in this auction must: xSubmit a short-form application (FCC Form 175) electronically prior to 6:00 p.m. ET, May 11, 2011, following
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-641A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-641A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-641A1.txt
    • Notice, 11 FCC Rcd at 9646. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388 para. 226. See 47 C.F.R. � 1.2109(d); see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388 para. 226. See, generally, USF/ICC Transformation Order. 47 C.F.R. Part 1, Subpart I. 47 C.F.R. Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. The requirement to prepare environmental assessments for towers over 450 feet in height is pending approval by the Office of Management and Budget (OMB). See National Environmental Policy Act Compliance for proposed Tower Registrations, WT Docket Nos. 08-61, 03-187, Order on Remand, FCC 11-181, 26 FCC Rcd 16700 (2011). This requirement is also pending
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-96-1649A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-96-1649A1.txt
    • any treaties or conventions relating to communications to which the United States is or may hereafter become a party; any action by the See, e.g., Guam Telecom Ltd., 10 FCC Red 12,104 (1995); Alaska TelecomLtd, 10 FCC Red 6072 (1995); Transnational Telecom Ltd., 5 FCC Red at 600; Pacific Telecom Cable, Inc., 2 FCC Red at 2688. 47 C.F.R. �� 1.1301-1.1319 (1995). 12736 Federal Communications Commission DA 96-1649 Commission or the Congress of the United States rescinding, changing, modifying, or amending any rights accruing to any person hereunder, and the following conditions:t (1) The location of the cables within the territorial waters of the United States of America, its territories and possessions, and upon its shore shall be in conformity with
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-96-1815A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-96-1815A1.txt
    • by TelecommunicationsAct of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (to be codified at 47 U.S.C. �� 201-276). 1" See, e.g., Guam Telecom Ltd., 10 FCC Red 12,104 (1995); Alaska Telecom Ltd., 10 FCC Red 6072 (1995); Transnational Telecom Ltd., 5 FCC Red at 600; Pacific Telecom Cable, Inc., 2 FCC Red at 2688. 19 47 C.F.R. �� 1.1301-.1319 (1995). 16845 Federal Communications Commission DA 96-1815 Ordering Clauses 14. Consistent with the foregoing, we hereby GRANT AND ISSUE, under the provisions of the Cable Landing License Act and Executive Order 10530, Alaska Northstar Communications, L.L.C., a license to land and operate a high-capacity fiber optic digital submarine cable (two or more fiber pairs operating at a minimum of 622
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    • 600; Pacific Telecom Cable, Inc., 2 FCC Red at 2688. 15 See Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, Report and Order, FCC 96-79 (rel. Mar. 13, 1996) [hereinafter Section 214 Streamlining Order]. 16 See Section 214 Streamlining Order � 1.767(a)(5) (to be codified at 47 C.F.R. � 1.767(aX5)). 17 47 C.F.R. �� 1.1301-.1319 (1995). 16310 Federal Communications Commission DA 96-1831 15. Accordingly, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of the license to Orient Express, as conditioned below. Ordering Clauses 16. Consistent with the foregoing, we hereby GRANT AND ISSUE, under the provisions of the Cable Landing License Act and Executive Order 10530, Orient
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    • sentences to the end of paragraph (a), by revising paragraph (b), and by adding a new paragraph'(c) to read as follows: (a) * * * Initial authorizations shall be granted in accordance with � 27.5 of this part. Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with �� 1.1301 through 1.1319 of part 1 of this chapter. (b) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz of spectrum in accordance with � 27.5(a) of this part. (1) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in � 27.6(a)(l)
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298965A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298965A1.txt
    • Services, whether licensed geographically or on a site-specific basis, the following actions are classified as major: (1) Application for initial authorization; (2) Any substantial change in ownership or control, including requests for partitioning and disaggregation; (3) Application for renewal of authorization; (4) Application or amendment requesting authorization for a facility that would have a significant environmental effect, as defined by ��1.1301 through 1.1319 of the rules; (5) Application or amendment requiring frequency coordination pursuant to the Commission's Rules or international treaty or agreement; (6) Application or amendment requesting to add a frequency or frequency block for which the Applicant is not currently authorized, excluding removing a frequency. (b) In the Cellular Radiotelephone Service: (1) Request an authorization or an amendment to
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298965A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298965A2.txt
    • the station is operating with a power (ERP) greater than 5 watts. Refer to Rule 1.928(e) for a definition of Line A (or Line C). Item 48 This item is required for compliance with the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321- 4335. See also Part 1, Subpart I of the FCC rules (47 CFR 1.1301 - 1.1319). This item must be answered, either 'Y' or 'N'. Enter 'Y' if an FCC grant of this application will have a significant environmental effect. Section 1.1307 of the FCC rules lists categories of environmental effects for which Applicants must file an environment assessment. Other wise enter 'N'. Examples of facilities that may have a significant effect on the
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    • rulemaking, preparation of an Environmental Assessment (EA) for a proposed tower more than 450 feet (137 meters) in height to address its potential impact on migratory birds (FCC 2011b). This PEA has been prepared in accordance with NEPA, the Council on Environmental Quality (CEQ) regulations for implementing NEPA (40 CFR 1500-1508), and the FCC regulations for implementing NEPA (47 CFR 1.1301-1.1319). This PEA will also serve as a means to address the FCC's obligations under other Federal statutes, including the ESA. The scope of this PEA includes an evaluation of the range of potential environmental impacts associated with towers requiring registration under the FCC's ASR Program. Because of the nature of the projects under the ASR Program and in response to
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-272A1_Erratum.doc
    • their service area without prior Commission approval, unless requirements otherwise set forth in our rules would entail the filing of a separate authorization. In this regard, we note that a licensee may be required to comply with separate filing or authorization requirements in modifying a station where: (1) there is a National Environmental Policy Act (NEPA) concern pursuant to Section 1.1301 through 1.1319; (2) areas where radio frequency quiet zones are in place under Section 1.924; (3) antenna structure requirements under Part 17 requires licensees to register with the Commission prior to construction; (4) any restrictions regarding border areas under international agreement; and (5) any applicable technical rules in Part 101. Open Eligibility Background. In the NPRM, we reiterated that our
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    • chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245. (4) The transmitters must not have a significant environmental effect as defined by �� 1.1301 through 1.1319 of this chapter. (5) The locations and/or technical parameters of the transmitters are such that no engineering study is required by �� 80.215(h) and 80.475(a)(1) of this chapter. (6) The AMTS geographic area licensee must, at the time a station blanket-licensed under this section is put into operation, send notification of the station's location to the American Radio
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    • Parts 0, 1, 13, 22, 24 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11476 (1999). Alloy Comments at 8. The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 USC � 4321-4347. 16 USC � 1531-1543. Id. � 470. Id. � 1131-1136. Id. � 470aa. Id. � 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. � 1501-1508. 47 C.F.R. � 1.1307(a)(8). Id. � 1.1307(b). Id. � 1.1307(a). Id. � 1.1306. Id. �� 1.1308, 1.1311. Id. � 1.1313. Id. � 1.1314-1.1319. Wireless Telecommunications Bureau Seeks Comment
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    • downloaded from the FCC's International Bureau internet site at http://www.fcc.gov/ib/pnd/agree. TASO is the Television Allocations Study Organization, which was formed in the 1950s by the television broadcast and consumer electronics industries at the request of the Commission to study the technical principles that should be applied in television channel allocations. Our RF exposure regulations are found at 47 CFR �� 1.1301-1.3319. The Commission adopted as the digital broadcast television transmission system the Advanced Television Service Committee's (ATSC) Doc. A/52 (``ATSC Standard Digital Audio Compression (AC-3), 20 Dec 95'') and Doc A/53 (``ATSC Digital Television Standard, 16 Sep 95''), except for Section 5.1.2 (``Compression format constraints) of Annex A (``Video Systems Characteristics'') and the phrase ``see Table 3'' in Section 5.1.1 Table
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    • - that normally do not require either an EA or EIS because these categories of activities individually and cumulatively have no significant effect on the human environment. An agency's procedures must provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect. The Commission's environmental rules implementing NEPA are set out at 47 C.F.R. �� 1.1301-1.1319. The Commission's rules are consistent with CEQ's three-tiered approach: (1) any Commission action deemed to have a significant effect upon the quality of the human environment requires the preparation of an EIS; (2) an action deemed potentially to have a significant environmental effect requires the preparation of an EA; and (3) actions deemed individually and cumulatively to have no significant
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.txt
    • chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245. (4) The transmitters must not have a significant environmental effect as defined by �� 1.1301 through 1.1319 of this chapter. (c) Any recovered frequency blocks will revert automatically to the holder of the geographic area license within which such frequencies are included. Any frequency blocks recovered where there is no geographic area licensee will be retained by the Commission for future licensing. * * * * * 13. Section 80.475 is amended by revising paragraph
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1_Erratum.doc
    • chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245. (4) The transmitters must not have a significant environmental effect as defined by �� 1.1301 through 1.1319 of this chapter. (c) Any recovered frequency blocks will revert automatically to the holder of the geographic area license within which such frequencies are included. Any frequency blocks recovered where there is no geographic area licensee will be retained by the Commission for future licensing. * * * * * 13. Section 80.475 is amended by revising paragraph
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    • block as its existing system'' without prior Commission approval if certain conditions are met. Western contends that although its five year build out period in the McKenzie RSA expired before construction of the Medora Tower, the service area boundary of that site remained within Western's authorized Cellular Geographic Service Area (``CGSA''). Also, Western argues that its environmental review under Sections 1.1301 through 1.1319 of the Rules indicated that construction and operation of the Medora site would not have a significant environmental effect. Western also states that it relied on the City Council's approval process to determine whether its tower would affect historic properties listed or eligible for listing in the NRHP. Western claims, that with the exception of the Peaceful Valley
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    • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations (``Applicants'') are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-125A2_Erratum.doc
    • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations (``Applicants'') are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.txt
    • of the policies behind granting ATC is to provide the flexibility to MSS licensees to use their licensed spectrum more efficiently, we implement geographic area licensing for all MSS ATC base stations in the United States that do not pose a potential hazard to the environment, public health, scenic and historic locations, tribal lands, aviation and related concerns. Specifically, section 1.1301 and related provisions of our rules describe certain types of facilities that require additional Commission scrutiny under the NEPA. These provisions apply to all Commission actions, including licensing, that may have a significant impact on the quality of the human environment. Similarly, our Part 17 rules on antenna structures govern every radiating or receiving transmission system and provide detailed guidance
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1_Erratum.doc
    • of the policies behind granting ATC is to provide the flexibility to MSS licensees to use their licensed spectrum more efficiently, we implement geographic area licensing for all MSS ATC base stations in the United States that do not pose a potential hazard to the environment, public health, scenic and historic locations, tribal lands, aviation and related concerns. Specifically, section 1.1301 and related provisions of our rules describe certain types of facilities that require additional Commission scrutiny under the NEPA. These provisions apply to all Commission actions, including licensing, that may have a significant impact on the quality of the human environment. Similarly, our Part 17 rules on antenna structures govern every radiating or receiving transmission system and provide detailed guidance
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    • 20554. . or call the Consumer & Governmental Affairs Bureau at 202-418-0531 (voice), 202-418-7365 (tty). ordering clauses Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 1, 4(i), 303(r) of the Communications Act, 47 U.S.C. Sections 151, 154(i), and 303(r), this Notice of Inquiry is ADOPTED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. �� 1.1301-1.1319. (last visited August 14, 2003). See 50 C.F.R. � 10.13 (list of migratory bird species protected by Migratory Bird Treaty Act); see also Revised List of Migratory Birds, 66 Fed. Reg. 52,282 (October 12, 2001). (Aug. 31, 2000) (Manville) (discussing known and suspected causes of bird collisions with communications towers). Communications towers also may have an impact on migratory birds
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    • Application for Review, filed Feb. 19, 2002, by American Tower Corporation and Louisiana Unwired LLC, Reply to the Opposition to the Application for Review, filed Feb. 26, 2002, by Forest/FoE. See In the Matter of Forest Conservation Council and Friends of the Earth, Memorandum Opinion and Order, 17 FCC Rcd. 201 (WTB/CWD 2002). 42 U.S.C. � 4321. 47 C.F.R. � 1.1301-1.1319. See Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333, 343 (1977). Id. 7 See In Re Application of KGET(TV), Inc. for Renewal of License of Station KGET(TV), Bakersfield, CA, Memorandum Opinion and Order, 11 FCC Rcd. 4168, 4169 (1996) and Eagle Radio, Inc., 9 FCC Rcd. 836, 839 (1994). See Order at 204-205. Federal Communications Commission FCC 03-277
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    • change in the area of operation of a CARS pickup station; � Any change in frequency assignment including polarization; � Any increase in authorized operating power; � Any substantial change in ownership or control; � Any addition or change in frequency, excluding removing a frequency; � Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301 - 1319, including historic preservation under � 1.1307(a)(4) and 16 U.S.C. � 470 (National Historic Preservation Act)); � Any request requiring frequency coordination; or � Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17, Subpart B. MINOR Minor changes will include: � Any name change not involving change in ownership or
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    • agreement, however, does not affect an agency official's authority under the Council's rules to authorize applicants to initiate consultation with the SHPO/THPO and others, provided that the federal official remains legally responsible for all findings and determinations charged to the official. As noted above, applicants' responsibilities under the NHPA are addressed generally in the Commission's environmental rules (47 C.F.R. �� 1.1301-1.1319). These rules, consistent with the NHPA, the Council's rules, and advice given by the Council, authorize applicants to initiate the consultation required by the Section 106 process. Specifically, an applicant must submit an environmental assessment to the Commission for facilities that may affect districts, sites, buildings, structures or objects listed or eligible to be listed on the National Register of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1_Erratum.doc
    • agreement, however, does not affect an agency official's authority under the Council's rules to authorize applicants to initiate consultation with the SHPO/THPO and others, provided that the federal official remains legally responsible for all findings and determinations charged to the official. As noted above, applicants' responsibilities under the NHPA are addressed generally in the Commission's environmental rules (47 C.F.R. �� 1.1301-1.1319). These rules, consistent with the NHPA, the Council's rules, and advice given by the Council, authorize applicants to initiate the consultation required by the Section 106 process. Specifically, an applicant must submit an environmental assessment to the Commission for facilities that may affect districts, sites, buildings, structures or objects listed or eligible to be listed on the National Register of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A3.txt
    • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in or
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A3_Erratum.doc
    • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in or
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A6.txt
    • violate Section 110(k) of the NHPA and the Commission's rules. The instructions below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement'') and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The NT Submission Packet should not be submitted for undertakings that are excluded from Section 106 Review. The categories of new tower construction that are excluded from historic preservation review under Section 106 of the NHPA are described in Section III of the
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A6_Erratum.doc
    • violate Section 110(k) of the NHPA and the Commission's rules. The instructions below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement'') and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The NT Submission Packet should not be submitted for undertakings that are excluded from Section 106 Review. The categories of new tower construction that are excluded from historic preservation review under Section 106 of the NHPA are described in Section III of the
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A7.txt
    • below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement''), the ``Nationwide Programmatic Agreement for the Collocation of Wireless Antennas'' (``Collocation Agreement''), and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The CO Submission Packet should be submitted only for those collocations that are subject to Section 106 review. The CO Submission Packet should not be submitted for collocations that have been excluded from Section 106 Review by the Collocation Agreement or the Nationwide
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A7_Erratum.doc
    • below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement''), the ``Nationwide Programmatic Agreement for the Collocation of Wireless Antennas'' (``Collocation Agreement''), and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The CO Submission Packet should be submitted only for those collocations that are subject to Section 106 review. The CO Submission Packet should not be submitted for collocations that have been excluded from Section 106 Review by the Collocation Agreement or the Nationwide
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-164A1.txt
    • 66 Fed. Reg. 3853 (Jan. 10, 2001). Section 2(g) of Exec. Order No. 13186 defines ``Federal agency'' to mean ``an executive department or agency, but does not include independent establishments as defined by 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. �� 101, 104. 47 C.F.R. � 1.1301 et seq; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986). 47 C.F.R. � 1.1305. The Commission has identified no common fact pattern which would enable it to specify actions that automatically require an EIS. Id. 47 C.F.R. � 1.1307(a)(1)-(8), (b). Section 1.1307(a) provides that
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    • Impact and Radio Frequency (RF) Safety In the 1997 Further Notice, the Commission acknowledged the need to consider and address any potential effects of SDARS repeater radio frequency emissions to the public. In order to address these concerns, the 1997 Further Notice proposed to require SDARS licensees to demonstrate that their terrestrial repeaters comply with the environmental regulations of Sections 1.1301 through 1.1319 of the Commission's rules, or to obtain prior approval from the Commission for non-complying repeaters. The 2001 Public Notice repeated the proposal to require prior Commission approval before SDARS licensees can operate any repeater that would have significant environmental effects, as that term is defined by Sections 1.1301 through 1.1319 of the Commission's rules. Specifically, under Section 1.1307
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    • Service, see 47 CFR part 87. (b) All space station and earth station operators must comply with the applicable provisions of the Table of Frequency Allocations, in � 2.106 of the Commission's rules, 47 C.F.R. � 2.106. (c) All earth station operators must comply with the applicable provisions of part 1, subpart I of the Commission's rules, 47 C.F.R. �� 1.1301, et seq. (d) All earth station operators must comply with the applicable provisions of part 17 of the Commission's rules, 47 C.F.R. part 17. 4. In � 25.110, revise paragraphs (a) and (c) to read as follows: � 25.110 Filing of applications, fees, and number of copies. (a) Applications shall be filed by going online at www.fcc.gov/ibfs and submitting the
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1_Rcd.pdf
    • Service, see 47 CFR part 87. (b) All space station and earth station operators must comply with the applicable provisions of the Table of Frequency Allocations, in � 2.106 of the Commission's rules, 47 C.F.R. � 2.106. (c) All earth station operators must comply with the applicable provisions of part 1, subpart I of the Commission's rules, 47 C.F.R. �� 1.1301, et seq. (d) All earth station operators must comply with the applicable provisions of part 17 of the Commission's rules, 47 C.F.R. part 17. 4. In � 25.110, revise paragraphs (a) and (c) to read as follows: � 25.110 Filing of applications, fees, and number of copies. (a) Applications shall be filed by going online at www.fcc.gov/ibfs and submitting the
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    • at 19442, cited in 2007 Notice, 22 FCC Rcd at 22137-38 �� 41-42. Section 1.1307(b)(1) of the Commission's rules, 47 C.F.R. � 1.1307(b), cited in 2007 Notice, 22 FCC Rcd at 22137-38 �� 41-42. 1997 Further Notice, 12 FCC Rcd at 5845 (Appendix C), cited in 2007 Notice, 22 FCC Rcd at 22137 � 40. See also 47 C.F.R. �� 1.1301-1319. 2007 Notice, 22 FCC Rcd at 22137-38 � 42. See supra, Section IV.B.1. See 47 C.F.R. Section 25.134(d) (VSAT license applicants must filed applications on Form 312, which includes Question 28, requiring the submission of a radiation hazard study). See infra, Appendix B, at Section 25.263(c)(2). See, e.g., 47 C.F.R. �� 1.1307, 1.1308. 2007 Notice, 22 FCC Rcd at 22138
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1_Rcd.pdf
    • FCC Rcd at 19442, cited in 2007 Notice, 22 FCC Rcd at 22137-38 �� 41-42. 685Section 1.1307(b)(1) of the Commission's rules, 47 C.F.R. � 1.1307(b), cited in 2007 Notice, 22 FCC Rcd at22137-38�� 41-42. 6861997 Further Notice, 12 FCC Rcd at 5845 (Appendix C), cited in 2007 Notice, 22 FCC Rcd at 22137 � 40. See also 47 C.F.R. �� 1.1301-1319. 6872007 Notice, 22 FCC Rcd at 22137-38� 42. 688See supra, Section IV.B.1. 11820 Federal Communications Commission FCC 10-82 Commission's rules regarding environmental impact.689Accordingly, to be consistent with the VSAT blanket licensing provisions, we will require SDARS applicants seeking blanket licensing of terrestrial repeaters to certifythat those repeaters will comply with the environmental impact rules. Although we will not require routine
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
    • providing notice for actions ``with effects of national concern.'' In a memorandum to agencies, the CEQ has explained that ``[a] combination of methods may be used to give notice, and the methods used should be tailored to the needs of particular cases.'' The Commission's NEPA Process. The NEPA Rules. CEQ has approved the Commission's rules implementing NEPA, 47 C.F.R. �� 1.1301-1.1319. These rules apply to the processing of antenna structure registration applications, which the Commission has deemed to constitute a major federal action. Consistent with CEQ regulations, the Commission's current environmental procedures: (1) require preparation of an EIS for any proposed action deemed to significantly affect the quality of the human environment; (2) require preparation of an EA for any proposed
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
    • (b)(3). See also Environmental Coalition ofOjai v. Brown, 72 F.3d 1411 (9th Cir. 1995). 16704 Federal Communications Commission FCC 11-181 methods may be used to give notice, and the methods used should be tailored to the needs of particular cases."32 B. The Commission's NEPA Process. 11. The NEPA Rules. CEQ has approved the Commission's rules implementing NEPA, 47 C.F.R. �� 1.1301-1.1319.33These rules apply to the processing of antenna structure registration applications, which the Commission has deemed to constitute a major federal action.34Consistent with CEQ regulations, the Commission's current environmental procedures: (1) require preparation of an EIS for any proposed action deemed to significantly affect the quality of the human environment;35(2) require preparation of an EA for any proposed action that may
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    • Order, 20 FCC Rcd 1073, 1082-84, paras. 24-28 (2004) (NPA Report and Order), aff'd sub nom. CTIA - The Wireless Association v. FCC, 466 F.3d 105 (D.C. Cir. 2006) (explaining that treatment of tower construction as a ``federal undertaking'' under the NHPA reflects a permissible interpretation of the Commission's statutory authority over licensing and antenna structure registration). 47 C.F.R. �� 1.1301-1.1319. 16 U.S.C. � 470f. See 16 U.S.C. � 470a(d)(6)(A), (B). 47 C.F.R. Part 1, App. C, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, � IV. Id., �� IV.B, IV.C. The NPA does not apply on Tribal lands unless a Native Nation has signed the NPA. Id., � I.D. Id., � IV.G; see NPA Report
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    • more certainty? How should licensing for the 4.9 GHz band and the 700 MHz band match? Should licensing rules be structured for the two bands to encourage use of the 4.9 GHz band? If so, how? Compliance With the Commission's Environmental Regulations All towers constructed by or for FCC licensees must comply with the Commission's environmental regulations, 47 C.F.R. �� 1.1301-1.1319. These rules implement federal environmental statutes, including the National Environmental Policy Act of 1969 (42 U.S.C. � 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. � 1531 et seq.), and Section 106 of the National Historic Preservation Act (16 U.S.C. � 470f). The Commission's rules require an Environmental Assessment (EA) prior to construction when a facility may
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.txt
    • 95-183, PP Docket No. 93-253, RM-8553, 12 FCC Rcd 18600, 18637-38 (1997) (1997 39 GHz R&O and Second NPRM). See 47 C.F.R. � 22.948. For example, certain other filings, such as administrative updates, license renewals, and filings required under the rules implementing the National Environmental Policy Act of 1969, as amended (NEPA) (see 47 C.F.R. Part 1, Subpart I, �� 1.1301 et seq.), would still be required for all licensees. See, e.g., Amendment of Parts 21 and 74 of the Commission's Rules with Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service; and Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Report and Order, MM Docket No. 94-131, PP Docket No. 93-253, 10
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1_Rcd.pdf
    • provisions that address Phase I applications, and references thereto, throughout the Part 22 Subpart H rules and applicable Part 1 rules).116We also propose not to 112For example, certain other filings, such as administrative updates, license renewals, and filings required under the rules implementing the National Environmental Policy Act of 1969, as amended (NEPA) (see47 C.F.R. Part 1, Subpart I, �� 1.1301 et seq.), would still be required for all licensees. 113See, e.g.,Amendment of Parts 21 and 74 of the Commission's Rules with Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service; and Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Report and Order,MM Docket No. 94-131, PP Docket No. 93-253, 10 FCC Rcd
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
    • Report and Order, 11 FCC Rcd at 1513-14. In general, licensees may add or modify sites without filing site specific applications under this Report and Order and Commission rules and policies; however, licensees must file applications with the Commission if such filing is necessary for coordination with Mexico or Canada, or is required by 47 C.F.R. �� 1.923, 1.924, or 1.1301 et seq. See 800 MHz First Report and Order, 11 FCC Rcd at 1514; Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Report and
  • http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
    • effects of their actions on the quality of the human environment.1 To meet its responsibilities under NEPA, the Commission has adopted requirements for evaluating the environmental impact of its actions.2 One of several environmental factors addressed by these requirements is human exposure to RF energy emitted by FCC-regulated transmitters and facilities. 14. The Commission's environmental processing rules, 47 C.F.R. �� 1.1301-1.1319, generally require an applicant to perform the necessary analysis (e.g., calculations and/or measurements) to ascertain whether a particular transmitting facility or device complies with the Commission's adopted RF exposure guidelines set forth in section 1.1307(b), in effect at the time the applicant files for an initial construction permit, license, or renewal or modification of an existing license. If on the
  • http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
    • reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines. The determination of compliance with exposure limits must account for all collocated and nearby radiating sources that operate at frequencies between 300 kHz and 100 GHz. Environmental Protection Act (see 47 C.F.R. Section 1.1301 et. seq.) Yes No DRAFT - FCC 301 (Page 15) March 1998 PREPARER'S CERTIFICATION ON PAGE 3 MUST BE COMPLETED AND SIGNED. Federal Communications Commission Washington, D. C. 20554 FOR COMMISSION USE ONLY FILE NO. NOT Approved by OMB DRAFT APPLICATION FOR CONSENT TO ASSIGNMENT OF BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE FCC 314 Section I - General Information 1.
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    • explain in an Exhibit what steps will be taken to limit the RF radiation exposure to the public and to persons authorized access to the tower site. In addition, where there are multiple contributors to radio frequency radiation, you must certify that the established RF radiation exposure procedures will be coordinated with all stations. 22.Environmental Statement. (See 47 C.F.R. Section 1.1301 et seq.) (a) (b) (c) Exhibit No. April 1997 CERTIFICATION I certify that I have prepared this Section of this application on behalf of the applicant, and that after such preparation, I have examined and found it to be accurate and true to the best of my knowledge and belief. Name (Typed or Printed) Signature Date Telephone No. (include Area
  • http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
    • Sinclair argued that COFDM modulation offered easier reception with simple antennas and would enable broadcasters to provide fixed, mobile and portable video services. We dismissed Sinclair's petition, indicating that we continued to believe that NTSC service replication is achievable by DTV operations using the 8-VSB standard.131 However, we also 128 Our RF exposure regulations are found at 47 CFR �� 1.1301-1.3319. 129 The Commission adopted as the digital broadcast television transmission system the Advanced Television Service Committee's (ATSC) Doc. A/52 ("ATSC Standard Digital Audio Compression (AC-3), 20 Dec 95") and Doc A/53 ("ATSC Digital Television Standard, 16 Sep 95"), except for Section 5.1.2 ("Compression format constraints) of Annex A ("Video Systems Characteristics") and the phrase "see Table 3" in Section 5.1.1
  • http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
    • be considered major: For all stations in all wireless radio services, whether licensed geographically or on a site-specific basis: ! Any substantial change in ownership or control; ! Any addition or change in frequency, excluding removing a frequency; ! Any request for partitioning or disaggregation; ! Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301-1319); Federal Communications Commission FCC 98-25 Commercial mobile radio service (CMRS) is defined as a mobile service that is provided for profit and makes 58 interconnected service available (A) to the public, or (B) to such classes of eligible users as be effectively available to a substantial portion of the public. 47 U.S.C. � 332(d). 16 ! Any request requiring frequency
  • http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
    • paragraph (a), by revising paragraph (b), and by adding a new paragraph (c) to read as follows: � 27.11 Initial authorization. (a) * * * Initial authorizations shall be granted in accordance with � 27.5 of this part. Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with �� 1.1301 through 1.1319 of part 1 of this chapter. (b) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz of spectrum in accordance with � 27.5(a) of this part. (1) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in � 27.6(a)(1)
  • http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
    • C.F.R. �1.913. Amendment of Parts 0, 1, 13, 22, 24 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11476 (1999). The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 USC � 4321-4347. 16 USC � 1531-1543. Id. � 470. Id. � 1131-1136. Id. � 470aa. Id. � 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. � 1501-1508. 47 C.F.R. � 1.1307(a)(8). Id. � 1.1307(b). Id. � 1.1307(a). Id. � 1.1306. Id. �� 1.1308, 1.1311. Id. � 1.1313. Id. � 1.1314-1.1319. Pub. Law No. 104-104, 104
  • http://transition.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
    • as its existing system'' without prior Commission approval if certain conditions are met. 10. Western contends that although its five year build out period in the McKenzie RSA expired before construction of the Medora Tower, the service area boundary of that site remained within Western's authorized Cellular Geographic Service Area (``CGSA''). Also, Western argues that its environmental review under Sections 1.1301 through 1.1319 of the Rules indicated that construction and operation of the Medora site would not have a significant environmental effect. Western also states that it relied on the City Council's approval process to determine whether its tower would affect historic properties listed or eligible for listing in the NRHP. Western claims, that with the exception of the Peaceful Valley
  • http://transition.fcc.gov/fcc-bin/audio/siting-environment.html
    • agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. As a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [38]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the
  • http://transition.fcc.gov/ib/sand/neg/hf_web/appinfo.html
    • the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Application for a construction permit should be filed on FCC Form 309 and application for license, upon completion of construction, on FCC Form 310. The forms are available from the FCC at 1-800- 418-FORM (3676). Showings must accompany these forms indicating compliance with the National Environmental Policy Act (see Section 1.1301 - 1.1319 of the FCC Rules), including how the general public and employees will be protected from radio frequency radiation hazards (see Sections 1.1306 & 1.1307). There are filing fees associated with these forms. Authority to collect fees is contained in Section 1.1101, and the specific fees are contained in Section 1.1107 of the FCC Rules. You may [26]click here
  • http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
    • in � 1.1311 of this chapter must be filed with the application and Commission environmental review must be completed prior to construction. See � 1.1312 of this chapter. All broadband PCS licensees are subject to a continuing obligation to determine whether subsequent construction may have a significant environmental impact prior to undertaking such construction and to otherwise comply with � 1.1301 et seq. of the Commission's Rules. See � 1.1312. � 24.814 [Reserved] � 24.815 Technical content of applications; maintenance of list of station locations. (a) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS license must also comply with all
  • http://wireless.fcc.gov/auctions/07/releases/da960709.pdf
    • Commission's rules, the applicant has notified the appropriate Regional Office of the Federal Aviation Administration and files a request for antenna height clearance and obstruction marking and lighting specifications with the Commission (see 47 C.F.R. � 90.169(d)(4)); 4) the applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with �� 1.1301 et seq (see 47 C.F.R. � 90.169(d)(5)); and 5) the applicant is not required to comply with channel assignment(s) with a foreign administration as may be applicable with any international agreements and Part 90 of the Commission's rules (see 47 C.F.R. � 90.169(d)(6)). If the Commission notifies an SMR applicant to cease construction, it must stop construction immediately. See 47
  • http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
    • 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 body of the user. (The ANSI/IEEE standard uses the term "radiated power," meaning input power to the antenna.) (c) For further information on the Commission's environmental rules see �� 1.1301 through 1.1319 of this chapter. Sec. 24.53 Calculation of height above average terrain (HAAT). (a) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level. (b) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital Elevation Models (DEMs). DEM data is available from United States Geological Survey
  • http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
    • These rules are expected to be adopted shortly in a Report and Order Federal Communications Commission FCC 97-50 See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency 338 Band, IB Docket No. 95-91, GEN Docket No. 90-357, Notice of Proposed Rule Making, 11 FCC Rcd 1 (1995). See 47 C.F.R. �� 1.1301, 1.1307(b), 2.1091, and 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 339 �� 1.1310, 2.1091, and 2.1093, as applicable. For the purposes of our RF safety rules, mobile devices are defined as transmitters designed to be used in other than fixed 340 locations and to generally be used in such a way that a separation distance
  • http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
    • at international satellite coordination procedures. any location on the border of a WCS service area shall not exceed 47 dB�V/m unless the parties agree to a different field strength. This value applies to both the initially offered MEA and REAG service areas and to WCS operations that may have a significant partitioned service areas. environmental impact as defined by sections 1.1301 Sec. 27.56 Antenna structures; air navigation safety. A licensee that owns its antenna structure(s) must not an environmental assessment (EA) in accordance with allow such antenna structure(s) to become a hazard to air sections 1.1301 through 1.1319 of his chapter. Such navigation. In general, antenna structure owners are application will be placed on public notice in accordance responsible for registering
  • http://wireless.fcc.gov/auctions/15/releases/fc970070.pdf http://wireless.fcc.gov/auctions/15/releases/fc970070.txt http://wireless.fcc.gov/auctions/15/releases/fc970070.wp
    • obtain prior coordination with adjacent country co-frequency systems; (2) Antenna structure clearance required. Satellite DARS licensees shall demonstrate that its repeating transmitter construction or alteration will comply with the requirements of Section 17.4 of the Commission's Rules; (3) Environmental. Satellite DARS licensee shall demonstrate that its repeating transmitter(s) comply with the Commission's Rules for environmental effects as defined by Sections 1.1301 through 1.1319 of the Commission's Rules. * * * * * Federal Communications Commission FCC 97-70 92 2. The definition of satellite digital audio radio service is proposed to be amended in Section 25.201 to read as follows (amendment of this paragraph to Section 2.1 is consequential): � 25.201 Definitions * * * * Satellite Digital Audio Radio Service ("satellite
  • http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
    • that permits the full array of LMDS service offerings without undue regulatory restraint. To achieve our goal, our framework reflects not only the flexibility included in our proposals, but also the statutory, regulatory, and technical changes that have taken place since then to enhance the climate for competition. Our goal is to Federal Communications Commission FCC 97-82 47 CFR �� 1.1301-1307, 22.369, 101.123, 17.4. 349 DISCO I Report and Order, 11 FCC Rcd at 2436 (para. 49). 350 MDS Report and Order, 2 FCC Rcd at 4252 (para. 12). 351 PAGE 98 maintain an open and flexible approach that will allow the business judgments of individual LMDS applicants and licensees to shape the nature and components of the services offered pursuant
  • http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
    • It agrees with our proposal that applicants be required to describe the service they propose to offer in sufficient detail for us to confirm that the status elected is consistent with how the carrier will actually operate. It asserts that the Commission is obligated Federal Communications Commission FCC 97-82 BellSouth Comments to Third NPRM at 8. 348 47 CFR �� 1.1301-1307, 22.369, 101.123, 17.4. 349 DISCO I Report and Order, 11 FCC Rcd at 2436 (para. 49). 350 to retain oversight of compliance with the statutory and judicial standards for status based on the type of service offered.348 (2) Decision 221. We adopt a regulatory framework for LMDS that permits the full array of LMDS service offerings without undue regulatory restraint.
  • http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
    • potential competitive services have designations for nationwide service, a nationwide designation in this service will lead to increased competition among those services. Licensees authorized on these channels will be permitted to construct stations and place them in operation anywhere in the Nation so long as licensees ensure that: (1) they operate their stations in accordance with the provisions of Sections 1.1301 through 1.1319 of our Rules (Procedures Implementing the National Environmental Policy Act of 1969); (2) they operate their stations in compliance with their air safety responsibilities, as outlined in Part 17.6 of our Rules; and (3) they are in compliance with all applicable international agreements (e.g., Section 90.715 relating to operation in U.S./Mexican border areas). c. Non-Commercial Channel Set-Aside (1)
  • http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
    • potential competitive services have designations for nationwide service, a nationwide designation in this service will lead to increased competition among those services. Licensees authorized on these channels will be permitted to construct stations and place them in operation anywhere in the Nation so long as licensees ensure that: (1) they operate their stations in accordance with the provisions of Sections 1.1301 through 1.1319 of our Rules (Procedures Federal Communications Commission FCC 97-57 220 MHz Report and Order, 6 FCC Rcd at 2361 (para. 36). 46 Third Notice, 11 FCC Rcd at 208 (para. 34). 47 Airborne Comments at 2; Comtech Comments at 2-4; Comtech Reply at 3; Global Comments at 2-3; 360 48 Comments at 2; ITA Comments at 3-6; Columbia
  • http://wireless.fcc.gov/auctions/19/releases/fc950319.pdf http://wireless.fcc.gov/auctions/19/releases/fc950319.txt http://wireless.fcc.gov/auctions/19/releases/fc950319.wp
    • are not required to be evaluated for compliance with ANSI/IEEE SAR (specific absorption rate) requirements, as long as a 2.5 cm separation distance is maintained between the radiating structure and the body of the user. (The ANSI/IEEE standard uses the term "radiated power," meaning input power to the antenna.) (c) For further information on the Commission's environmental rules see �� 1.1301 through 1.1319 of this chapter. � 26.53 Emission limits. (a) The power of any emission at the edges of the 4660-4685 MHz band shall be attenuated below the transmitter power (P) by at least 43 + 10 log(P) or 80 decibels, whichever is less. 10 (b) Compliance with these provisions is based on the use of measurement instrumentation employing a
  • http://wireless.fcc.gov/auctions/20/releases/fc980151.pdf http://wireless.fcc.gov/auctions/20/releases/fc980151.txt http://wireless.fcc.gov/auctions/20/releases/fc980151.wp
    • chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245. (D) The transmitters must not have a significant environmental effect as defined by �� 1.1301 through 1.1319 of this chapter. * * * * * 13. Section 80.751 is amended to read as follows: � 80.751 Scope. This subpart specifies receiver antenna terminal requirements in terms of power, and relates the power available at the receiver antenna terminals to transmitter power and antenna height and gain. It also sets forth the co-channel interference protection that
  • http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
    • appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325; (3) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with �� 1.1301 through 1.1319; (4) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required; and (5) Any service-specific restrictions not listed herein. PART 24--PERSONAL COMMUNICATIONS SERVICES SUBPART A--GENERAL INFORMATION � 24.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides
  • http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
    • appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325; (3) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with �� 1.1301 through 1.1319; (4) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required; and (5) Any service-specific restrictions not listed herein. PART 90--PRIVATE LAND MOBILE RADIO SERVICES SUBPART T--REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN THE 220-222 MHZ BAND � 90.701 Scope. (a) Frequencies in the
  • http://wireless.fcc.gov/auctions/26/releases/da982543.pdf http://wireless.fcc.gov/auctions/26/releases/da982543.txt http://wireless.fcc.gov/auctions/26/releases/da982543.wp
    • mutually exclusive applications for geographic area non-nationwide paging licenses. In order to facilitate this transition to geographic area 3 Federal Communications Commission DA 98-2543 Id. at 2739-40, � 6. 4 Id. The exceptions were applications filed pursuant to 47 C.F.R. �� 22.369 and 90.177, applications filed for 5 coordination with Mexico and Canada, and applications required under 47 C.F.R. � 1.1301 et seq. Second Report and Order, 12 FCC Rcd. at 2739-40, 2827, �� 6, 227. 6 47 C.F.R. � 22.128(e)(2); Amendment of the Commission's Rules to Provide Channel Exclusivity to Qualified 7 Private Paging Systems at 929-930 MHz, PR Docket No. 93-35, Order, 8 FCC Rcd. 8318 (1993). 2 licensing, the Commission also decided that all pending mutually exclusive paging
  • http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
    • will be processed. All applications filed after July 31, 1996 will be dismissed (other than applications for nationwide or shared channels) and, other than for the shared channels, no additional site-by-site applications will be accepted (with the exception of applications filed pursuant to Sections 22.369 and 90.177, applications filed for coordination with Mexico and Canada, and applications required under Section 1.1301 et seq.) The Bureau will also release a Public Federal Communications Commission FCC 97-59 See 47 C.F.R. � 22.351. 20 See 47 C.F.R. �� 22.3, 22.105, 22.123(e), and 22.567. 21 Part 22 defines applications as mutually exclusive if (1) more than one application is pending, and (2) the grant 22 of one application would preclude the grant of the other(s)
  • http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
    • 1996, would be processed; all applications filed after July 31, 1996, would be dismissed (other than applications for nationwide or shared channels); and, other than for shared channels, no additional site-by-site applications would be accepted (with the exception of applications filed pursuant to sections 22.369 and 90.177, applications filed for coordination with Mexico and Canada, and applications required under section 1.1301 et seq.). 16 6. With respect to shared channels, we retained our interim licensing rules that allowed only incumbents to file applications to add new sites to their systems, but eliminated the requirement that these applications be for sites located within 40 miles of an existing site operated by the licensee on the same channel. Thus, following the adoption of
  • http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
    • appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325; (5) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with �� 1.1301 through 1.1319 of this chapter; and, (6) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required. � 22.150 Standard pre-filing technical coordination procedure. 11 For operations on certain channels in the Public Mobile Services, carriers must attempt to coordinate the proposed use of spectrum with other
  • http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
    • paragraph (a), by revising paragraph (b), and by adding a new paragraph (c) to read as follows: � 27.11 Initial authorization. (a) * * * Initial authorizations shall be granted in accordance with � 27.5 of this part. Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with �� 1.1301 through 1.1319 of part 1 of this chapter. (b) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz of spectrum in accordance with � 27.5(a) of this part. (1) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in � 27.6(a)(1)
  • http://wireless.fcc.gov/auctions/41/releases/fc970140.pdf http://wireless.fcc.gov/auctions/41/releases/fc970140.txt http://wireless.fcc.gov/auctions/41/releases/fc970140.wp
    • and competition, of avoiding excessive concentration of licenses, and of ensuring access to new and innovative technologies by disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women. In determining small business status, the Commission will consider the gross revenues of 251 See, e.g., 47 C.F.R. 1.1301 et seq. 252 47 U.S.C. 309(j)(3)(B). 253 47 U.S.C. 309(j)(4)(A). Federal Communications Commission FCC 97-140 80 the small business applicant, its affiliates, and certain investors in the applicant. The Commission will attribute the gross revenues of all controlling principals in the small business applicant as well as the gross revenues of affiliates of the applicant. The Commission will require that
  • http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
    • Report and Order, 11 FCC Rcd at 1513-14. In general, licensees may add or modify sites without filing site specific applications under this Report and Order and Commission rules and policies; however, licensees must file applications with the Commission if such filing is necessary for coordination with Mexico or Canada, or is required by 47 C.F.R. �� 1.923, 1.924, or 1.1301 et seq. See 800 MHz First Report and Order, 11 FCC Rcd at 1514; Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Report and
  • http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
    • will continue to be permitted to add, remove, or relocate individual sites within its service area without prior Commission approval. As proposed in the Service Rules Notice, however, we will require a licensee to comply with separate filing or authorization requirements in modifying an individual station where: (1) there is a National Environmental Policy Act (NEPA) concern pursuant to Section 1.1301 through 1.1319;279 (2) there are areas where radio frequency quiet zones are in place under Section 1.924;280 (3) restrictions regarding border areas under international agreement are in place;281 or (4) coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC) is required. Licensees will be responsible for determining whether an addition or modification of a particular
  • http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
    • their service area without prior Commission approval, unless requirements otherwise set forth in our rules would entail the filing of a separate authorization. In this regard, we note that a licensee may be required to comply with separate filing or authorization requirements in modifying a station where: (1) there is a National Environmental Policy Act (NEPA) concern pursuant to Section 1.1301 through 1.1319; (2) areas where radio frequency quiet zones are in place under Section 1.924; (3) antenna structure requirements under Part 17 requires licensees to register with the Commission prior to construction; (4) any restrictions regarding border areas under international agreement; and (5) any applicable technical rules in Part 101. Open Eligibility Background. In the NPRM, we reiterated that our
  • http://wireless.fcc.gov/auctions/56/resources/BethFishel.pdf
    • the geographic area for which you plan to bid http://wireless.fcc.gov/uls/ POST-AUCTION LICENSING � Licensees are permitted to add, remove, or relocate sites within its service area without prior Commission approval unless requirements otherwise set forth in our rules would entail the filing o a separate authorization. � Separate filings may be required for: (1)National Environmental Policy Act (NEPA) (See Section 1.1301 through 1.1319. (2)Quiet Zones (See Section 1.924) (3)Antenna structure requirements (See Part 17) (4)Restrictions regarding border areas under international agreement. (5)Any applicable technical rules in Part 101. POST-AUCTION LICENSING �A Public Notice will be released announcing the close of the auction ("Closing PN") �Winning bidders will be required to file: �FCC Form 601 Main Form �Schedule B along with other
  • http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
    • appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325; (3) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with �� 1.1301 through 1.1319; (4) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required; and (5) Any service-specific restrictions not listed herein. PART 21 - DOMESTIC PUBLIC FIXED RADIO SERVICES Federal Communications Commission FCC 97-413 20 1. The authority citation for Part 21 continues to read as follows:
  • http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
    • appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325; (3) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with �� 1.1301 through 1.1319; (4) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required; and (5) Any service-specific restrictions not listed herein. � ������������
  • http://wireless.fcc.gov/releases/moa.pdf
    • proceeding, formal or informal, or impose on MSP or any related entity, or recommend to the full Commission or another Bureau, any forfeiture or other sanction for any action or failure of action, or other failure or alleged failure of compliance, prior to the date of signing of this agreement, in connection with the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, with respect to the MPSCS.2 Notwithstanding the foregoing, the FCC will enforce any reasonable and prudent mitigation measures or other terms that may be agreed to in connection with the section 7 consultation described herein. 4. General Provisions. a) Resources. Nothing in this Agreement shall require the Parties, in fulfilling their obligations and responsibilities as provided herein, to expend funds
  • http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.doc http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf
    • 47 C.F.R. � 1.1307(b). The exposure limits themselves are specified in 47 C.F.R. � 1.1310 in terms of frequency, field strength, power density and averaging time. Facilities and transmitters licensed and authorized by the FCC must either comply with these guidelines or else an applicant must file an Environmental Assessment (EA) with the FCC as specified in 47 C.F.R. � 1.1301 et seq. An EA is an official document required by the FCC's rules whenever an action may have a significant environmental impact (see discussion below). In practice, however, a potential environmental RF exposure problem is typically resolved before an EA would become necessary. Therefore, compliance with the FCC's RF guidelines constitutes a de facto threshold for obtaining FCC approval to
  • http://wireless.fcc.gov/siting/environment.html
    • agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. As a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [38]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the
  • http://wireless.fcc.gov/siting/environment_compliance.html
    • agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. As a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [39]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the
  • http://wireless.fcc.gov/siting/fact1.html http://wireless.fcc.gov/siting/fact1.pdf
    • of personal wireless facilities. 2. What requirements do personal wireless communications licensees have to determine whether a site is in a flood plain? A historical sites must also comply with the National Environmental Policy Act of 1969 (NEPA). as well as other mandatory federal environmental statutes. The FCC's rules that implement the federal environmental statutory provisions are contained in sections 1.1301-1.1319. The FCC's environmental rules place the responsibility on each applicant to investigate all the potential environmental effects, and disclose any significant effects on the environment in an Environmental Assessment (EA), as outlined in section 1.1311, prior to constructing a tower. The applicant is required to consult section 1.1307 to determine if its proposed antenna structure will fall under any of
  • http://wireless.fcc.gov/siting/fact2.pdf
    • (NEPA) to ensure that it considers effects upon the environment of any major action that it takes. Because the Commission is a licensing agency, it requires that all licensees comply with NEPA as well, by evaluating their actions for environmental consequences. The Commission's rules implementing NEPA are found in Title 47 of the Code of Federal Regulations, Part 1, Sections 1.1301-1.1319, 47 C.F.R. �� 1.1301-1.1319. Each licensee must evaluate the location of a proposed structure to determine if it is in an environmentally sensitive area as determined in Section 1.1307. Specifically, there are eight categories listed in Section 1.1307(a), as follows: (1) officially designated wilderness areas; (2) officially designated wildlife preserves; 17 (3) situations which may affect listed threatened or endangered
  • http://wireless.fcc.gov/siting/npa/FCC-04-222A3.pdf
    • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment ("EA") in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in or
  • http://wireless.fcc.gov/siting/npa/applicability.html
    • reviews required under FCC rules E. The Nationwide Agreement governs only review of Undertakings under Section 106 of the NHPA. Applicants completing the Section 106 review process under the terms of the Nationwide Agreement may not initiate construction without completing any environmental review that is otherwise required for effects other than historic preservation under the Commission's rules (See 47 C.F.R. 1.1301-1.1319). Completion of the Section 106 review process under the Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. 1.1307(a)(4)). [18]FCC rules 47 C.F.R. 1.1307(a)(4) [19]FCC
  • http://wireless.fcc.gov/siting/npa/intro.html
    • requirements of the NPA. Question If an applicant completes its review under the Nationwide Programmatic Agreement, is the environmental review otherwise complete? No. The Nationwide Programmatic Agreement streamlines the procedures governed by Section 1.1307(a)(4) of the Commission's rules. Licensees and applicants must comply with other aspects of the FCC's environmental rules or federal, state and local laws. See 47 C.F.R. 1.1301-1.1319. Question Whom do I contact for more information? You may contact the FCC at the following website. [20]http://esupport.fcc.gov/contactfcc/npa/submitquery.jsp References 1. http://wireless.fcc.gov/siting/npa/intro.html 2. http://esupport.fcc.gov/contactfcc/npa/submitquery.jsp 3. http://wireless.fcc.gov/siting/npa/FCC-04-222A3.pdf 4. http://wireless.fcc.gov/siting/npa/applicability.html 5. http://wireless.fcc.gov/siting/npa/definitions.html 6. http://wireless.fcc.gov/siting/npa/exclusions.html 7. http://wireless.fcc.gov/siting/npa/tribal.html 8. http://wireless.fcc.gov/siting/npa/consulting.html 9. http://wireless.fcc.gov/siting/npa/identification.html 10. http://wireless.fcc.gov/siting/npa/procedures.html 11. http://wireless.fcc.gov/siting/npa/emergency.html 12. http://wireless.fcc.gov/siting/npa/postreview.html 13. http://wireless.fcc.gov/siting/npa/construction.html 14. http://wireless.fcc.gov/siting/npa/public.html 15. http://wireless.fcc.gov/siting/npa/forms.html 16. http://wireless.fcc.gov/siting/npa/regulations.html 17. http://esupport.fcc.gov/contactfcc/npa/submitquery.jsp 18. http://esupport.fcc.gov/contactfcc/section106/submitmsg.jsp 19. http://wireless.fcc.gov/siting/npa/FCC-04-222A3.pdf 20. http://esupport.fcc.gov/contactfcc/npa/submitquery.jsp
  • http://wireless.fcc.gov/siting/npa/regulations.html
    • agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. As a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. The FCC does not maintain a database of its rules nor does it print or stock copies of its rules. That task is performed by the Government Printing Office and the link to their internet site is: [18]http://www.gpo.gov/ [19]FCC Rules & Regulations [20]NEPANet Council for Environmental Quality (CEQ) Rules The Council of Environmental Quality (CEQ) coordinates federal environmental
  • http://wireless.fcc.gov/siting/npa/tribal.html
    • out consultation with any Indian tribe or NHO that attaches religious and cultural significance to a Historic Property if the property may be affected by a Commission undertaking. This responsibility is founded in Sections 101(d)(6)(a-b) and 106 of the NHPA (16 U.S.C. 470a(d)(6)(a-b) and 470f), the regulations of the Council (36 C.F.R. Part 800), the Commission's environmental regulations (47 C.F.R. 1.1301-1.1319), and the unique legal relationship that exists between the federal government and Indian tribal governments, as reflected in the Constitution of the United States, treaties, federal statutes, Executive orders, and numerous court decisions. This historic trust relationship requires the federal government to adhere to certain fiduciary standards in its dealings with Indian tribes. (Commission Statement of Policy on Establishing a
  • http://wireless.fcc.gov/siting/npaguid.html
    • Telecommunications Bureau's Commercial Wireless Division to assist wireless service carriers understand the Commission's Rules implementing the [38]National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. This document is intended to serve as an informal guide only, and is NOT INTENDED to revise or replace the rules contained in [39]Subpart I, Part 1 of the Commission's Rules, 47 C.F.R. 1.1301 to 1.1319. Attached are answers to some [40]frequently asked questions received by the Commercial Wireless Division. These answers are general in nature, and do not necessarily represent the opinions of the Commission or any individual Commissioner. Furthermore, the Bureau's positions reflected in these general responses may not apply to your individual factual circumstance. Please contact the Bureau's Commercial Wireless Division
  • http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00165.doc
    • a CARS pickup station; � Any change in frequency assignment including polarization; � Any change in authorized operating power; � Any substantial change in ownership or control; � Any addition or change in frequency, excluding removing a frequency; � Any request for partitioning or disaggregation; � Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301-1319); � Any request requiring frequency coordination; or � Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17 Subpart B. MINOR We tentatively conclude that any change not specifically listed above as major should be considered minor. This would include: � Any name change not involving change in ownership or control of
  • http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000035.doc
    • Officer, and Qwest. The Commission's regulations at 47 C.F.R � 63.01 confer blanket authority for domestic new line constructions under section 214(a), but they require that the carrier must first comply with the Commission's environmental regulations, which govern compliance with the National Environmental Protection Act of 1969 and the National Historic Preservation Act. The environmental regulations, at 47 C.F.R � 1.1301 et seq., require, among other things, that the carrier ``initially ascertain whether the proposed facility may have a significant environmental impact'' and, if so, prepare an Environmental Assessment (EA). The regulations specify actions that are excluded from environmental processing and actions for which EAs must be prepared. 47 C.F.R �� 1.1306, 1.1307, and 1.1312. On September 8, 1999, the Advisory
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
    • of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions." See Section 704(b) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). National Environmental Policy Act of 1969, 42 U.S.C. Section 4321, et seq. 5 See 47 CFR � 1.1301, et seq. 6 3 these guidelines represent a consensus view of the federal agencies responsible for matters relating to the public safety and health. 3 3. The MPE limits adopted herein are based on exposure criteria quantified in terms of specific absorption rate (SAR), a measure of the rate of RF energy absorption. The basis for these limits, as well
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
    • effects of their actions on the quality of the human environment.1 To meet its responsibilities under NEPA, the Commission has adopted requirements for evaluating the environmental impact of its actions.2 One of several environmental factors addressed by these requirements is human exposure to RF energy emitted by FCC-regulated transmitters and facilities. 14. The Commission's environmental processing rules, 47 C.F.R. �� 1.1301-1.1319, generally require an applicant to perform the necessary analysis (e.g., calculations and/or measurements) to ascertain whether a particular transmitting facility or device complies with the Commission's adopted RF exposure guidelines set forth in section 1.1307(b), in effect at the time the applicant files for an initial construction permit, license, or renewal or modification of an existing license. If on the
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000912.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000912.txt
    • be obtained at the appropriate Web site address or phone number found at the end of this notice. With respect to antennas located on fixed structures, filers of EAs should be aware that non-RF environmental issues must be addressed in any EA filed with the Commission in accordance with the requirements of Section 1.1311 and the Commission's environmental rules (Sections 1.1301-1.1319). The purpose of this Public Notice is to remind all of the Commission's licensees and grantees of the impending September 1 deadline for ensuring compliance with these provisions of its rules. Therefore, if an existing facility, operation or device of a licensee or grantee is not in compliance with the provisions of 47 CFR 1.1307(b)(1) - (b)(3), it is the
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.txt
    • be obtained at the appropriate Web site address or phone number found at the end of this notice. With respect to antennas located on fixed structures, filers of EAs should be aware that non-RF environmental issues must be addressed in any EA filed with the Commission in accordance with the requirements of Section 1.1311 and the Commission's environmental rules (Sections 1.1301-1.1319). The purpose of this Public Notice is to remind all of the Commission's licensees and grantees of the impending September 1 deadline for ensuring compliance with these provisions of its rules. Therefore, if an existing facility, operation or device of a licensee or grantee is not in compliance with the provisions of 47 CFR 1.1307(b)(1) - (b)(3), it is the
  • http://www.fcc.gov/Bureaus/International/Orders/1999/da991636.pdf
    • Commission pursuant to Section 214 of the Communications Act, as amended; (4)The Licensees or any persons or companies controlling them, controlled by them, or under direct or indirect common control with them shall not acquire or enjoy any right to land, connect, or operate submarine cables that is denied to any other United States company by 17 47 C.F.R. �� 1.1301�.1319 (1997). 5 Federal Communications Commission DA 99-1636 reason of any concession, contract, understanding or working arrangement to which the Licensees or any persons controlling them, controlled by them, or under direct or indirect common control with them are parties; (5)Neither this license nor the rights granted herein shall be transferred, assigned, or in any manner either voluntarily or involuntarily disposed
  • http://www.fcc.gov/Bureaus/International/Orders/1999/da992579.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da992579.txt
    • � 63.18(n). See Rules and Policies on Foreign Participation in the U.S. Telecommunications Market, 12 FCC Rcd 23,891, 23,932-35, 23,945-46 (1997) (``Foreign Participation Order''); Market Entry and Regulation of Foreign-affiliated Entities, 11 FCC Rcd 3873, 3887 (1995) (``Foreign Carrier Entry Order'') (``The [ECO] test adopted here applies only to carriers with market power.''). 47 C.F.R. � 1.767(a)(5). 47 C.F.R. �� 1.1301-.1319. Federal Communications Commission DA 99-2579 Federal Communications Commission DA 99-2579 - = > �Qc/D��h6�����F@ ���AY�� �� -Я��J�oߦ"w�ҽ{���Çt��i��ɡcǎQff&�����͛i��ݴo�>�駟h�޽�k�.:~�8�;w�N ��c҆"��ڇO"0f�� ��(\к���RI.��d� �Ӻ�a�]5 "�m|�N!�U\B{K�0��Z��,-���g(c) ���ښ ����m܁1��<- �(c)\�w���E{��IDtm���\C �� ��t� O�� &�T= +J3_��&@4溉{ Q0?涇�\��`c"-Dmp�� `"�y
    • http://www.fcc.gov/Bureaus/International/Orders/2000/da000076.doc
      • 12 FCC Rcd at 8530 � 39; AT&T Corp. et al., Cable Landing License, 13 FCC Rcd 16232, 16237 �15 (Int'l Bur. 1998). NARUC I at 641. See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. See Application at 5 and additional landing points notification contained in File No. SCL-LPN-19990902-00017. 47 C.F.R. �� 1.1301-.1319. Federal Communications Commission DA 00-76 Federal Communications Commission DA 00-76 Exhibit A � h� � z�r� �3��``�"��� y �0(`���vW�_z\e���4����w���M2�R��L�Y}...� �w ���� BT� l ���... ?X:���C xp�؍'o: ���m��� ...(R){n1�� ���� �"�}��t �E썚�f����|���`�\��}4�n� �f�g‰É cd�7�{��  � N� �����-\��u�@��= ~P�}�a�kBn����޴y(R)�}*� T(R)Q�>X ** ���8(c)��2tm�� �� �Q��B����uF �0�`Zx� �_� �Ď����^��� �� G 9�& ...5g?�6ÿS�Y�� �V��^�=2%{ c����=sp� C މ�����8_�`iu �{ ~�\���}��X���� ��-L-��4��y 6ss\ �'l����-x�JH І�Lã�
    • http://www.fcc.gov/Bureaus/International/Orders/2000/da000310.doc
      • 16237 � 15 (Int'l. Bur. 1998). See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. See Application at 7-9 and Attachment C. SAC Ltd. will own greater than 99 percent of these entities with the remaining interest held by South American Crossing Holdings Ltd., the parent company of SAC Ltd. 47 C.F.R. �� 1.1301-.1319 (1997). Federal Communications Commission DA 00-310 Federal Communications Commission DA 00-310 - / - 0 � �0tm3p��� �D�!kd '$ \�s�k׭���w hg ~�E��!��EN� � � �) L``� ��"[�^�wmr- ��"�� -N�=���4 �?QZ�I�l� ��M�!D��];��q,�2�� x=���/ �(^� ��M9���vNC�,tm#��'�`�"-�~%v1�5�׋ �?x���9��+�����\�¿d�R��A�� � c- ��k��ьk��tm�y Z�q�(c)��Ys���-%} �����|��Z��]��S�w�ϧQ��9G&�u��(c)C&m9 0���!r� � �#���~N��''�8�(R)'�c}���5���[/ �hO(c) "����^ ���MD�p�%�|��
    • http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
      • reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines. The determination of compliance with exposure limits must account for all collocated and nearby radiating sources that operate at frequencies between 300 kHz and 100 GHz. Environmental Protection Act (see 47 C.F.R. Section 1.1301 et. seq.) Yes No DRAFT - FCC 301 (Page 15) March 1998 PREPARER'S CERTIFICATION ON PAGE 3 MUST BE COMPLETED AND SIGNED. Federal Communications Commission Washington, D. C. 20554 FOR COMMISSION USE ONLY FILE NO. NOT Approved by OMB DRAFT APPLICATION FOR CONSENT TO ASSIGNMENT OF BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE FCC 314 Section I - General Information 1.
    • http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fc97116d.pdf
      • explain in an Exhibit what steps will be taken to limit the RF radiation exposure to the public and to persons authorized access to the tower site. In addition, where there are multiple contributors to radio frequency radiation, you must certify that the established RF radiation exposure procedures will be coordinated with all stations. 22.Environmental Statement. (See 47 C.F.R. Section 1.1301 et seq.) (a) (b) (c) Exhibit No. April 1997 CERTIFICATION I certify that I have prepared this Section of this application on behalf of the applicant, and that after such preparation, I have examined and found it to be accurate and true to the best of my knowledge and belief. Name (Typed or Printed) Signature Date Telephone No. (include Area
    • http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01024.txt
      • downloaded from the FCC's International Bureau internet site at http://www.fcc.gov/ib/pnd/agree. TASO is the Television Allocations Study Organization, which was formed in the 1950s by the television broadcast and consumer electronics industries at the request of the Commission to study the technical principles that should be applied in television channel allocations. Our RF exposure regulations are found at 47 CFR �� 1.1301-1.3319. The Commission adopted as the digital broadcast television transmission system the Advanced Television Service Committee's (ATSC) Doc. A/52 (``ATSC Standard Digital Audio Compression (AC-3), 20 Dec 95'') and Doc A/53 (``ATSC Digital Television Standard, 16 Sep 95''), except for Section 5.1.2 (``Compression format constraints) of Annex A (``Video Systems Characteristics'') and the phrase ``see Table 3'' in Section 5.1.1 Table
    • http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
      • bands for satellite DARS. Use of the WCS spectrum for DARS services 337 Federal Communications Commission FCC 97-50 See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz 338 Frequency Band, IB Docket No. 95-91, GEN Docket No. 90-357, Notice of Proposed Rule Making, 11 FCC Rcd 1 (1995). See 47 C.F.R. �� 1.1301, 1.1307(b), 2.1091, and 2.1093. The RF radiation exposure limits are set forth in 47 339 C.F.R. �� 1.1310, 2.1091, and 2.1093, as applicable. For the purposes of our RF safety rules, mobile devices are defined as transmitters designed to be used in other than 340 fixed locations and to generally be used in such a way that a separation distance
    • http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
      • be considered major: For all stations in all wireless radio services, whether licensed geographically or on a site-specific basis: ! Any substantial change in ownership or control; ! Any addition or change in frequency, excluding removing a frequency; ! Any request for partitioning or disaggregation; ! Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301-1319); Federal Communications Commission FCC 98-25 Commercial mobile radio service (CMRS) is defined as a mobile service that is provided for profit and makes 58 interconnected service available (A) to the public, or (B) to such classes of eligible users as be effectively available to a substantial portion of the public. 47 U.S.C. � 332(d). 16 ! Any request requiring frequency
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000821.doc
      • Communications, Inc. Tower Registration Modification for Georgetown, South Carolina; Petition to Deny, filed September 25, 1998 ("Tennant Petition"). See Proposed Antenna Tower - Georgetown, South Carolina, Amendment to Antenna Structure Registration No. 1044931, filed July 20, 1998. The National Register of Historic Places was created pursuant to the National Historic Preservation Act. See 16 U.S.C. � 470a(1)(A). 47 C.F.R. �� 1.1301-1.1319 (Subpart I - Procedures for Implementing the National Environmental Policy Act of 1969). NEPA is codified at 42 U.S.C. �� 4321-4395 (1997). Informal objections to the proposed antenna structure were also filed by a number of other individuals (``informal objectors''), and the National Trust for Historic Preservation ("National Trust") filed comments. Informal objectors generally assert and the National Trust argues
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001177.doc
      • for Stay of James M. Tennant, filed May 9, 2000 (``Emergency Motion''). See Application of SCANA Communications, Inc. Proposed Antenna Tower - Georgetown, SC Amendment to Antenna Structure Registration No. 1044931, DA 00-821, Memorandum Opinion and Order (rel. April 11, 2000) (``Georgetown SC Order''). Id. Id. at para. 33. The Commission's environmental regulations implementing NEPA are at 47 C.F.R. �� 1.1301-1.1319. These regulations refer to the regulations adopted by the Advisory Council on Historic Preservation (``Advisory Council'') implementing NHPA (see 36 C.F.R. Part 800). Georgetown SC Order at para. 33. See Application for Review of James M. Tennant, filed May 10, 2000 (``Application for Review''). Emergency Motion at 3-8 and 9-11. Id. at 8-9. Id. at 12-17. Id. at 17-18. Mr.
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
      • paragraph (a), by revising paragraph (b), and by adding a new paragraph (c) to read as follows: � 27.11 Initial authorization. (a) * * * Initial authorizations shall be granted in accordance with � 27.5 of this part. Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with �� 1.1301 through 1.1319 of part 1 of this chapter. (b) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz of spectrum in accordance with � 27.5(a) of this part. (1) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in � 27.6(a)(1)
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
      • their service area without prior Commission approval, unless requirements otherwise set forth in our rules would entail the filing of a separate authorization. In this regard, we note that a licensee may be required to comply with separate filing or authorization requirements in modifying a station where: (1) there is a National Environmental Policy Act (NEPA) concern pursuant to Section 1.1301 through 1.1319; (2) areas where radio frequency quiet zones are in place under Section 1.924; (3) antenna structure requirements under Part 17 requires licensees to register with the Commission prior to construction; (4) any restrictions regarding border areas under international agreement; and (5) any applicable technical rules in Part 101. Open Eligibility Background. In the NPRM, we reiterated that our
    • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
      • Report and Order, 11 FCC Rcd at 1513-14. In general, licensees may add or modify sites without filing site specific applications under this Report and Order and Commission rules and policies; however, licensees must file applications with the Commission if such filing is necessary for coordination with Mexico or Canada, or is required by 47 C.F.R. �� 1.923, 1.924, or 1.1301 et seq. See 800 MHz First Report and Order, 11 FCC Rcd at 1514; Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Report and
    • http://www.fcc.gov/Forms/Form312/312Fill.pdf
      • of modifications or amendments generally requested. Mark all that apply. Provide the revised earth station data on Schedule B (see Earth Station Modifications section above). ENVIRONMENTAL POLICY Item 28 This item is required for compliance with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321-4335. See also Part 1, Subpart I of the FCC rules (47 CFR 1.1301-1.1319). Examples of facilities that may have a significant effect on the environment include: o an antenna structure located in a residential area (as defined by applicable zoning laws) which will utilize high intensity aviation obstruction lighting o a facility located in an officially designated wilderness area, wildlife preserve or floodplain o a facility that affects a site significant in American
    • http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
      • as its existing system'' without prior Commission approval if certain conditions are met. 10. Western contends that although its five year build out period in the McKenzie RSA expired before construction of the Medora Tower, the service area boundary of that site remained within Western's authorized Cellular Geographic Service Area (``CGSA''). Also, Western argues that its environmental review under Sections 1.1301 through 1.1319 of the Rules indicated that construction and operation of the Medora site would not have a significant environmental effect. Western also states that it relied on the City Council's approval process to determine whether its tower would affect historic properties listed or eligible for listing in the NRHP. Western claims, that with the exception of the Peaceful Valley
    • http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
      • Amalie, Frederiksted, and Christiansted, Virgin Islands, MM Docket No. 00-102, Report and Order, DA 03-4120, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, MM Docket No. 97-106, Report and Order, DA 00-865, 15 FCC Rcd 7528 (MMB 2000). 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. Chapter 1, Part 1, Subpart I. 47 C.F.R. �� 1.1301-1.1319. 47 C.F.R. Part 1, Appendix C. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. 47 C.F.R. �� 1.2105, 73.5002. Id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 � 165. Section III.D. ``Upfront Payments - Due February 22, 2012,'' below. 47 C.F.R. �� 1.2107, 73.5005. 47 C.F.R. � 1.2105(a)(2)(v). As discussed generally in the NCE
    • http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.pdf
      • block as its existing system'' without prior Commission approval if certain conditions are met. Western contends that although its five year build out period in the McKenzie RSA expired before construction of the Medora Tower, the service area boundary of that site remained within Western's authorized Cellular Geographic Service Area (``CGSA''). Also, Western argues that its environmental review under Sections 1.1301 through 1.1319 of the Rules indicated that construction and operation of the Medora site would not have a significant environmental effect. Western also states that it relied on the City Council's approval process to determine whether its tower would affect historic properties listed or eligible for listing in the NRHP. Western claims, that with the exception of the Peaceful Valley
    • http://www.fcc.gov/fcc-bin/audio/FCC-03-125A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-125A2.pdf
      • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations (``Applicants'') are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in
    • http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.pdf
      • 20554. . or call the Consumer & Governmental Affairs Bureau at 202-418-0531 (voice), 202-418-7365 (tty). ordering clauses Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 1, 4(i), 303(r) of the Communications Act, 47 U.S.C. Sections 151, 154(i), and 303(r), this Notice of Inquiry is ADOPTED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. �� 1.1301-1.1319. (last visited August 14, 2003). See 50 C.F.R. � 10.13 (list of migratory bird species protected by Migratory Bird Treaty Act); see also Revised List of Migratory Birds, 66 Fed. Reg. 52,282 (October 12, 2001). (Aug. 31, 2000) (Manville) (discussing known and suspected causes of bird collisions with communications towers). Communications towers also may have an impact on migratory birds
    • http://www.fcc.gov/fcc-bin/audio/FCC-04-222A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A1.pdf
      • agreement, however, does not affect an agency official's authority under the Council's rules to authorize applicants to initiate consultation with the SHPO/THPO and others, provided that the federal official remains legally responsible for all findings and determinations charged to the official. As noted above, applicants' responsibilities under the NHPA are addressed generally in the Commission's environmental rules (47 C.F.R. �� 1.1301-1.1319). These rules, consistent with the NHPA, the Council's rules, and advice given by the Council, authorize applicants to initiate the consultation required by the Section 106 process. Specifically, an applicant must submit an environmental assessment to the Commission for facilities that may affect districts, sites, buildings, structures or objects listed or eligible to be listed on the National Register of
    • http://www.fcc.gov/fcc-bin/audio/FCC-04-222A3.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A3.pdf
      • non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and WHEREAS, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and WHEREAS, under the framework established in the Commission's environmental rules, 47 C.F.R. �� 1.1301-1.1319, Commission licensees and applicants for authorizations and antenna structure registrations are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (``EA'') in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in or
    • http://www.fcc.gov/fcc-bin/audio/FCC-04-222A6.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A6.pdf
      • violate Section 110(k) of the NHPA and the Commission's rules. The instructions below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement'') and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The NT Submission Packet should not be submitted for undertakings that are excluded from Section 106 Review. The categories of new tower construction that are excluded from historic preservation review under Section 106 of the NHPA are described in Section III of the
    • http://www.fcc.gov/fcc-bin/audio/FCC-04-222A7.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A7.pdf
      • below should be read in conjunction with, and not as a substitute for, the ``Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,'' dated September 2004, (``Nationwide Agreement''), the ``Nationwide Programmatic Agreement for the Collocation of Wireless Antennas'' (``Collocation Agreement''), and the relevant rules of the FCC (47 C.F.R. �� 1.1301-1.1319) and the Advisory Council on Historic Preservation (``ACHP'') (36 C.F.R. Part 800). Exclusions and Scope of Use The CO Submission Packet should be submitted only for those collocations that are subject to Section 106 review. The CO Submission Packet should not be submitted for collocations that have been excluded from Section 106 Review by the Collocation Agreement or the Nationwide
    • http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.pdf
      • 66 Fed. Reg. 3853 (Jan. 10, 2001). Section 2(g) of Exec. Order No. 13186 defines ``Federal agency'' to mean ``an executive department or agency, but does not include independent establishments as defined by 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. �� 101, 104. 47 C.F.R. � 1.1301 et seq; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986). 47 C.F.R. � 1.1305. The Commission has identified no common fact pattern which would enable it to specify actions that automatically require an EIS. Id. 47 C.F.R. � 1.1307(a)(1)-(8), (b). Section 1.1307(a) provides that
    • http://www.fcc.gov/fcc-bin/audio/siting-environment.html
      • agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. As a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [38]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the
    • http://www.fcc.gov/ib/sand/neg/hf_web/appinfo.html
      • the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Application for a construction permit should be filed on FCC Form 309 and application for license, upon completion of construction, on FCC Form 310. The forms are available from the FCC at 1-800- 418-FORM (3676). Showings must accompany these forms indicating compliance with the National Environmental Policy Act (see Section 1.1301 - 1.1319 of the FCC Rules), including how the general public and employees will be protected from radio frequency radiation hazards (see Sections 1.1306 & 1.1307). There are filing fees associated with these forms. Authority to collect fees is contained in Section 1.1101, and the specific fees are contained in Section 1.1107 of the FCC Rules. You may [26]click here
    • http://www.fcc.gov/mb/engineering/coals_order03-55.pdf
      • change in the area of operation of a CARS pickup station; � Any change in frequency assignment including polarization; � Any increase in authorized operating power; � Any substantial change in ownership or control; � Any addition or change in frequency, excluding removing a frequency; � Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301 � 1319, including historic preservation under � 1.1307(a)(4) and 16 U.S.C. � 470 (National Historic Preservation Act)); � Any request requiring frequency coordination; or � Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17, Subpart B. MINOR Minor changes will include: � Any name change not involving change in ownership or
    • http://www.fcc.gov/mb/engineering/part78.pdf
      • pursuant to �78.17, and objections filed pursuant to �78.22, except that where the specific provisins of ��78.15, 78.17, 78.22 conflict with the provisions of �1.65, the specific provisions are controlling, e.g., where requirements for service on specified parties of certain information may vary. (c) CARS applicants must follow the procedures prescribed in subpart 1 of part 1 of this chapter (��1.1301 through 1.1319) regarding the filing of environmental assessments unless Commission action authorizing construction of a CARS station would be categorically excluded from the environmental processing requirements under �1.1306 of this chapter. [41 FR 3719, Jan. 23, 1976, as amended at 41 FR 32429, Aug. 3, 1976; 42 FR 61864, Dec. 7, 1977; 50 FR 23421, June 4, 1985; 52 FR
    • http://www.fcc.gov/pshs/docs-best/imel-wireless03.pdf
      • Migratory Bird Treaty Act (MBTA), and the Endangered Species Act (ESA). Included in the NHPA are protections of certain Native American and Native Hawaiian tribal properties. Historic properties getting special treatment are those listed in the National Register, which is kept by the U.S. Department of Interior. These acts are described in detail in the FCC Rules and Regulations, Sections 1.1301 through 1.1319. To meet the requirements of these acts, it may be necessary to complete an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) to demonstrate tower installation compliance. There are other federal environmental requirements including meeting the FCC standards for hazardous radiation described below. Although application processes vary from one governmental body to another, public hearings are usually