FCC Web Documents citing 1.1306

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-866A1.pdf
  • 1See Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Broadcast Service, Order, 25 FCC Rcd 1182 (2010) ("Order"). A certification that the notified operation will not cause human exposure to levels of radio- frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment ("EA") pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation withincreased digital ERP are deemed to have complied with the required notification procedures. All such STAs carry expiration
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  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Airadigm's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under section 1.1306 of the Rules or may have a significant environmental effect, as defined in section 1.1307 of the Rules. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered Employees
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  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Horvath's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under Section 1.1306 of the Rules or may have a significant environmental effect, as defined in Section 1.1307 of the Rules. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered Employees
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  • have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d), the Bureau staff that is responsible for processing an action that may not otherwise require an EA shall, on its own motion, require the preparation of an EA, if the Bureau determines that the proposal may have a significant environmental impact. 47 C.F.R. � 1.1306(a). See also 40 C.F.R. � 1507.3(b)(2)(ii) (CEQ's rules providing that agency procedures shall identify those typical classes of action that normally do not require either an environmental impact statement or an environmental assessment, i.e., categorical exclusions); see also 40 C.F.R. � 1508.4 (definition of ``categorical exclusion''); 40 C.F.R. �� 1500.4(p) and 1500.5(k) (federal agencies shall reduce excessive paperwork and delay
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  • Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations, or modifications in existing facilities require the preparation of an EA if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency (RF) emissions in excess of the guidelines that the Commission has adopted. See 47 C.F.R. �� 1.1310, 2.1093. 47 C.F.R. � 1.1306(a). 47 C.F.R. � 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1349A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1349A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1349A1.txt
  • be located at latitude 26�29.749' N, longitude 78�44.037' W. Environmental Impact Based on the information provided by the Applicant and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we find that acting on this Application would not significantly affect the environment according to Section 1.1307(a) or (b) of the Commission's rules. Therefore, pursuant to Section 1.1306 of the Commission's rules, we conclude that grant of the requested license would not significantly affect the environment. Consequently, Caribbean Crossings is not required to submit an environmental assessment, and this Application is categorically excluded from environmental processing. Conclusion We grant Caribbean Crossings Application, as amended, for authority to land and operate a non-common carrier fiber optic submarine cable extending
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  • Wireless, 12 FCC Rcd at 8530 � 39; AT&T Corp. et al., Cable Landing License, 13 FCC Rcd 16232, 16237 �15 (Int'l. Bur. 1998). See Application at 6. See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. See Application at 9-12. Id. at Attachment B. Id. at Attachment C. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review -- Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909, �� 67-69 (1999). Federal Communications Commission DA 00-1808 Federal Communications Commission DA 00-XXXX : ; �0� �0� �� �� �� �� � �0� �0� �0� �0� ���� ���� ���� �0� �0� �0� �0�
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  • See id. at 2-3. See id. at 3. See 47 U.S.C. � 153(44) (defining ``telecommunications carrier''); Cable & Wireless UK Cable Order, 12 FCC Rcd at 8523, para. 17. See Application at 8-10; Telef�nica SAM August 8, 2000 Letter at 4. See Application at 9-10. See 47 C.F.R. � 1.767. See 47 C.F.R. � 1.767 (a). See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909 at paras. 67-69 (1999). (continued....) Federal Communications Commission DA 00-1826 Federal Communications Commission DA 00-1826 Federal Communications Commission DA 00-1826 Federal Communications Commission DA 00-1826 �� � � � �@��� J"v-��PNG ��N ...[�-���
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  • have the right to use the landing station in Vancouver Island, Canada and the corresponding portions of the system in Canada. FLAG Pacific Korea Limited will own or have the right to use the landing station in Pusan, Korea and the corresponding portions of the system in Korea. See Application at 11-12. 47 C.F.R. � 1.767(a)(5). See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909, at �� 67-69 (1999). (continued....) Federal Communications Commission Federal Communications Commission DA 00-2568 � � � � � 7[W�}'��PNG �qt�o��A�� �-� |� � UE$�EП � u�_�B��O ��6�g� d������ �''��� �J{�D P�WL8* ժ�j��w�) "Y
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2616A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2616A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2616A1.txt
  • Dec. 21, 1998) (fONOROLA II). See Letter from Sophie J. Keefer, Counsel to 360pacific (USA) inc., to Magalie Roman Salas, Secretary, Federal Communications Commission, filed June 30, 2000. See Application at 5, 8. 360pacific also asserts that 360pacific has no interlocking directorates with a foreign carrier. See Application at 9. See Application at 8, Exhibit B. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909, 4937-38 at �� 67-69. See fONOROLA I, 13 FCC Rcd 15663 ; fONOROLA II,14 FCC Rcd 1961; fONOROLA Fiber Development Inc.; Ledcor Industries Inc., Application for Modification of License to Land and Operate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2758A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2758A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2758A1.txt
  • pursuant to the procedure in Section 1.767(a). Environmental Impact 26. Based on the information provided by AJC Guam and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we find that acting on the AJC Application would not significantly affect the environment according to Section 1.1307(a) or (b) of the Commission's rules. Therefore, pursuant to Section 1.1306 of the Commission's rules, we conclude that grant of the requested license would not significantly affect the environment. Consequently, AJC Guam is not required to submit an environmental assessment, and the AJC Application is categorically excluded from environmental processing. Conclusion 27. We grant the AJC Application for authority to land and operate a non-common carrier fiber optic submarine cable extending
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  • Docket Nos. 97-142 and 95-22, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23934, para. 95 (1997) (Foreign Participation Order), Order on Reconsideration, FCC 00-339 (rel. September 19, 2000); Cable & Wireless Order, 12 FCC Rcd at 8530, para. 39; China-US Order,13 FCC Rcd at 16237, para. 15. See Application at 3, 10-12. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909 at paras. 67-69 (1999). Federal Communications Commission DA 00-2762 Federal Communications Commission DA 00-2762 Q R �|� �0� �0� �0� �0� �0� �0� �0� �`� �0� �0� �� l } � tm �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-310A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-310A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-310A1.txt
  • of the specific description of the landing point. C. Environmental Impact Based on the information provided by the Applicant and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we find that acting on this Application would not significantly affect the environment according to Section 1.1307(a) or (b) of the Commission's rules. Therefore, pursuant to Section 1.1306 of the Commission's rules, we conclude that grant of the requested license would not significantly affect the environment. Consequently, SAC Landing Corp. is not required to submit an environmental assessment, and this Application is categorically excluded from environmental processing. V. Conclusion We grant SAC Landing Corp.'s Application for authority to land and operate a non-common carrier fiber optic submarine cable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-76A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-76A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-76A1.txt
  • 53� 37' 38" N, 2� 59' 23" W. C. Environmental Impact Based on the information provided by the Applicant and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we find that acting on this Application would not significantly affect the environment according to Section 1.1307(a) or (b) of the Commission's rules. Therefore, pursuant to Section 1.1306 of the Commission's rules, we conclude that grant of the requested license would not significantly affect the environment. Consequently, Worldwide Telecom is not required to submit an environmental assessment, and this Application is categorically excluded from environmental processing. V. Conclusion We grant Worldwide Telecom's Application for authority to land and operate a non-common carrier fiber optic submarine cable extending between
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1395A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1395A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1395A1.txt
  • FCC Rcd at 16237, para. 15. Application at 7. Id. See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless Order, 12 FCC Rcd at 8523, para. 17. Application at 3, 10-12. C&W April 26 Letter and C&W May 4 Letter. Application at Exhibits B, C, D, E, and F. Also C&W April 26 Letter. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909 at paras. 67-69 (1999). Federal Communications Commission DA 01-1395 FE K L O O � � �|� �0� �0� �0� �0� �0� �0� �0� �`� �0� �0� �� emI -u& emI
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  • cause human exposure to radio frequency emissions in excess of the Commission's guidelines. 47 C.F.R. � 1.1307(b). See 47 C.F.R. � 1.1307(a). Those actions not covered under Section 1.1307 are deemed ``individually and cumulatively to have no significant effect on the quality of the human environment and are categorically excluded from environmental processing'' at the Commission. See 47 C.F.R. � 1.1306(a). See 47 C.F.R. � 1.1307(a)(3), (4). See 47 C.F.R. � 1.1307(d) (``If the Bureau responsible for processing a particular action, otherwise categorically excluded, determines that the proposal may have a significant environmental impact, the Bureau, on its own motion, shall require the applicant to submit an EA [Environmental Assessment]''). Agreement Between the Government of the United States of America and
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  • Commercial Wireless Division of the Wireless Telecommunications Bureau dismisses without prejudice the Personal Communications Industry Association's (PCIA) petition filed July 19, 2000 (Petition), requesting an expedited declaratory ruling, or, in the alternative, a rulemaking regarding environmental processing standards for collocated wireless facilities. PCIA's Petition raises concerns regarding the Commission's interpretation of its environmental rules, in particular, Note 1 to Section 1.1306. Among other things, Note 1 categorically excludes antennas mounted on existing buildings or towers (collocations) from routine environmental review under Section 1.1307(a), except for facilities that ``may affect districts, sites, buildings, structures or objects . . . that are listed, or eligible for listing, in the National Register of Historic Places.'' The Petition states that clarification of Note 1 is
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  • the environment within the meaning of � 1.1307 of this part implementing the National Environmental Policy Act of 1969. See � 1.1307(a) and (b) of this part. The cable landing license is subject to modification by the Commission under its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules. See also � 1.1306 note 1 and � 1.1307(c) and (d) of this part; (10) The Commission reserves the right, pursuant to section 2 of the Cable Landing License Act, 47 U.S.C. 35, Executive Order No. 10530 as amended, and section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 214, to impose common carrier regulation or other regulation consistent with the
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  • address. As the primary Federal agency managing and licensing radio spectrum broadcasters, wireless telephone carriers and other public and private radio users, the Commission complies with NEPA by requiring its licensees to assess and, if found, report the potential environmental consequences of their proposed projects. Legal Basis: 47 U.S.C. �� 154(i), 154(j), and 303(r). Section Number and Title: 1.1303 Scope. 1.1306 Actions which are categorically excluded from environmental processing. 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. 1.1312 Facilities for which no preconstruction authorization is required. PART 36 - JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES Brief Description: This rule contains
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  • the environment within the meaning of � 1.1307 of this part implementing the National Environmental Policy Act of 1969. See � 1.1307(a) and (b) of this part. The cable landing license is subject to modification by the Commission under its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules. See also � 1.1306 note 1 and � 1.1307(c) and (d) of this part; (10) The Commission reserves the right, pursuant to section 2 of the Cable Landing License Act, 47 U.S.C. 35, Executive Order No. 10530 as amended, and section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 214, to impose common carrier regulation or other regulation consistent with the
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  • in size'') and the collocation will adversely affect a historic property. Failure to file an EA when required to do so is a violation of the Commission's rules and may subject the licensee, applicant, or tower company/owner to a forfeiture or fine assessed pursuant to Sections 501 to 503 of the Communications Act, or other sanctions. Note 1 to Section 1.1306 of the Commission's NEPA rules categorically excludes the mounting of antennas on an existing building or antenna tower from the requirement to file an EA unless: (1) the collocation may affect historic properties under Section 1.1307(a)(4); or (2) the collocation would result in human exposure to RF emissions in excess of the Commission's RF limits set forth in Section 1.1307(b).
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  • 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 in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. CTIA Comments at 9-15; RCA Reply Comments at 4. See also Texas RSA 15B2 et al. Ex Parte Comments at 2-5 (supporting CTIA's proposal to streamline the NEPA compliance procedures). We note that Texas RSA 15B2 et al. did not file comments until November 27, 2002,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 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 in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. CTIA Comments at 9-15; RCA Reply Comments at 4. See also Texas RSA 15B2 et al. Ex Parte Comments at 2-5 (supporting CTIA's proposal to streamline the NEPA compliance procedures). We note that Texas RSA 15B2 et al. did not file comments until November 27, 2002,
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  • under the NHPA, and because the Environmental Assessment shows no other potential significant environmental effect, a Finding of No Significant Impact is not required for this construction. We therefore dismiss as improvidently filed the application on Form 601 filed January 30, 2002, by SMSA, and we dismiss the responsive petition to deny. For the reasons stated above, pursuant to Section 1.1306 of the Commission's rules, it is ordered that the application on FCC Form 601 filed on January 30, 2002, by SMSA, and the Petition to Deny filed by the New York SHPO on July 5, 2002, are hereby dismissed. Sincerely, Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau cc: Richard Lord, Historic Sites Restoration Coordinator, New York
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  • if separate analog and digital transmitters are used, the power output for each transmitter; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and if applicable, any power reduction in an AM station's primary digital carriers. A copy of the notification letter shall be posted next to the station license and a
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  • in the event of interference; transmitter power output for the analog and digital transmitters; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; geographic coordinates, elevation data, and license file number for the auxiliary antenna to be employed for digital transmissions; and for systems employing interleaved antenna bays, a certification that adequate
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  • 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 in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. See 47 C.F.R. � 1.1301 (stating that provisions of Part 1, Subpart I of the Commission's rules implement Subchapter I of NEPA). 47 C.F.R. � 1.1307(a). Section 11 of the Communications Act instructs the Commission to review ``all regulations issued under this Act . . .''
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  • from and on behalf of local residents stating that the new WTHZ(FM) tower could adversely affect several historic properties, principally the Dr. Oni Pinkney Houston House, the Rankin Sherrill House and the Carlyle Sherrill House. On April 27, 2004, the staff requested additional information from Davidson regarding its certification that the proposed project was excluded from environmental processing under Section 1.1306 of the Commission's rules. Davidson submitted its response on June 2, 2004, serving a copy on each person or entity that had expressed concerns at that time. Dr. Rotenstein submitted comments on Davidson's response by electronic mail on June 13, 2004, and James and Marian Rollans submitted comments on June 20, 2004. Additionally, on July 1, 2004, the State Historic
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  • Corp., Memorandum Opinion and Order, 10 FCC Rcd 12631, 12633 (1995). See Lebanon Valley Radio, Decision, 5 RR 2d 65, 67 (Rev.Bd. 1965) (a site availability issue was not warranted on the basis of affidavit of the residential association's president, who stated that his association would vigorously oppose a zoning request). Application, Section III-A, Question 11. See 47 C.F.R. � 1.1306 (a proposed facility is exempt from environmental processing if it will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). See Area Christian Television, Inc., 60 R.R. 2d 862 (1986) (informal objections, like petitions to deny, must contain adequate and specific factual allegations sufficient to warrant the relief
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  • 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 in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. Navajo Nation comments at 6. Id. See 47 C.F.R. � 1.1301 (stating that provisions of Part 1, Subpart I of the Commission's rules implement Subchapter I of NEPA). 47 C.F.R. � 1.1307(a). Section 11 of the Communications Act instructs the Commission to review ``all regulations issued
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  • days later, White Park, in the KROW Application, proposed essentially the same facilities specified in the 2007 KROW Application, i.e., the relocation of KROW(FM) to McCullough Peak on the same tower as that proposed by KBEN-FM and KWHO(FM). The KBEN/KWHO Applications. In the KBEN-FM and KWHO Applications, White Park certified that the proposal was excluded from environmental processing under Section 1.1306 of the Rules, i.e., that the proposed facility would not have a significant environmental impact and complies with the maximum permissible radiofrequency radiation (``RFR'') exposure limits for controlled and uncontrolled environments. Each Application contained an explanatory Exhibit specifically addressing compliance with the Commission's RFR exposure guidelines and stating that: The location of the transmitter site is near an existing tower
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  • Rationale for a Biologically-based Public Exposure Standard for Electromagnetic Fields (ELF and RF), (2007) http://www.bioinitiative.org/report/index.htm; International Association of Firefighters Position on the Health Effects from Radio Frequency/Microwave (RF/MW) Radiation in Fire Department Facilities from Base Stations for Antennas and Towers for the Conduction of Cell Phone Transmissions, http://www.iaff.org/hs/Facts/CellTowerFinal.asp. 47 U.S.C. � 309(a). Id. at � 309(e). See 47 C.F.R. �� 1.1306 and 1.1310 and File No. BNP-20050118ALF, Exhibit 19. Responsibility of the Federal Communications Commission to Consider Biological Effects of Radiofrequency Radiation when Authorizing the Use of Radiofrequency Devices; Potential Effects of a Reduction in the Allowable Level of Radiofrequency Radiation on FCC-Authorized Communications Services and Equipment, Report and Order, 100 FCC 2d 543 (1985); on reconsideration, 58 RR 2d 1128
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  • can call in the event of interference; Analog, digital and, if applicable, combined transmitter power output; Analog and digital ERP; and A certification that the notified operation will not cause human exposure to levels of radio-frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment (``EA'') pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation with increased digital ERP are deemed to have complied with the required notification procedures. All such STAs carry
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  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Airadigm's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under section 1.1306 of the Rules or may have a significant environmental effect, as defined in section 1.1307 of the Rules. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered Employees
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  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Horvath's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under Section 1.1306 of the Rules or may have a significant environmental effect, as defined in Section 1.1307 of the Rules. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered Employees
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  • free to prefer manufacturing equipment capable of the broader bandwidth. We therefore reject commenters1 arguments opposing AMSC's authorization to operate METs having a capability that includes the lower L-band. This MET operating authorization, however, encompasses operation only on the frequencies 1545- 1559/1646.5-1660.5 MHz. 14. Environment Procfiss"ig AMSC claims that its application is excluded from the environmental processing requirement of Section 1.1306(b) of the Rules. Its argument is that Note 1 to Section 1.1307(b) of the Rules subjects onry Part 25 fixed and portable earth stations that operate at high EIRP levels, and involve a risk of significant RF exposure, to Section 1.1306(b). AMSC asserts that its METs are low power devices, like mobile transmitters operating in Parts 2 1 , 22,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280340A1.pdf
  • Id. � 1508.25(a); see also Kleppe v. Sierra Club, 427 U.S. 390, 409-10 (1976); Nevada v. Dep't of Energy, 457 F.3d 78, 92 (D.C. Cir. 2006). The Commission's regulations implementing NEPA categorically exclude communications towers from environmental processing because towers "are deemed individually and cumulatively to have no significant effect on the quality of the human environment." 47 C.F.R. � 1.1306(a). However, a party may still allege that a "particular action, otherwise categorically excluded, will have a significant environmental effect" and can file a petition "setting forth in detail the reasons justifying or circumstances necessitating 9 environmental considerations in the decision-making process." Id. � 1.1307(c). If the Commission determines that the proposed action "may have a significant environmental impact," then it
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  • and without revisions to the FAA-permitted lighting schemes. No Action Alternative The No Action Alternative is defined as continuation of the existing ASR Program and NEPA compliance procedures, including the public notice and 30-day public comment requirement of the FCC's recently adopted procedures, under the existing FAA-permitted lighting configurations (Figure 1). : NEPA Flow Chart No Action Alternative Under Section 1.1306, Note 3 of the FCC rules, an antenna farm is "an area in which similar antenna towers are clustered, whether or not such area has been officially designated as an antenna farm." The current ASR Program does not routinely require an applicant to prepare an EA to evaluate potential impacts to migratory birds other than those that are federally listed
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  • (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 on a Draft Programmatic Agreement with Respect to Co-locating Wireless Antennas on Existing Structures, DA 00-2907 (rel. Dec. 26, 2000 (Co-location PN). Memorandum from John M. Fowler, Executive Director, ACHP, to FCC, SHPOs, and THPOs, dated Sept. 21, 2000. Sprint Comments at 9. Alloy Comments
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  • exclusions to define categories of actions that do not individually or cumulatively have a significant effect on the human environment). 40 C.F.R. � 1508.4. 47 C.F.R. � 1.1305. The Commission has reviewed representative actions and has found no common problems that would enable it to specify actions that automatically will require EISs. Id. 47 C.F.R. � 1.1307(a)-(b). 47 C.F.R. � 1.1306. 47 C.F.R. � 1.1307(c)-(d). Section 1.1307(a) provides that Commission action with respect to the following types of facilities may significantly affect the environment: (1) facilities that are to be located in an officially designated wilderness area; (2) facilities that are to be located in an officially designated wildlife preserve; (3) facilities that may affect listed threatened or endangered species or
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  • the environment within the meaning of � 1.1307 of this part implementing the National Environmental Policy Act of 1969. See � 1.1307(a) and (b) of this part. The cable landing license is subject to modification by the Commission under its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules. See also � 1.1306 note 1 and � 1.1307(c) and (d) of this part; (10) The Commission reserves the right, pursuant to section 2 of the Cable Landing License Act, 47 U.S.C. 35, Executive Order No. 10530 as amended, and section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 214, to impose common carrier regulation or other regulation consistent with the
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  • description also shall include any additional information the Commission shall have specified previously in an order, public notice or other official action as necessary for authorization. * * * * * (g) Where the applicant is seeking facilities-based authority under paragraph (e)(3) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by � 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in � 1.1311 of this chapter need not be filed with the application. * * * * * Note to paragraph (h): Ownership and other interests in U.S. and foreign carriers will be attributed to their holders and deemed cognizable pursuant to the following criteria: Attribution of ownership interests
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  • upon the environment; (2) require the preparation and submission of an EA for an action that may have a significant environmental effect; and (3) exclude certain actions categorically from environmental processing. In this case, the initiation of interim IBOC operations normally will require no construction or tower lighting, and thus, is categorically excluded from environmental processing under 47 C.F.R. �� 1.1306(a) and (b). To the extent that IBOC systems raise environmental concerns regarding exposure of members of the public to radiofrequency (RF) radiation under 47 C.F.R. �1.1307(b), our existing RF standards adequately address those concerns. The introduction of IBOC transmissions will add approximately one percent to a station's total RF radiation output. Accordingly, interim IBOC operations by a compliant analog station
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  • a proposed facility ``may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or eligible for listing in the National Register of Historic Places.'' Western November 2002 Letter at 3. See also 47 C.F.R. � 1.1307(a)(4) note (emphasis added). Western November 2002 Letter at 3. See also 47 C.F.R. �� 1.1306(a), 1.1307(a)(4). Western November 2002 Letter . 47 C.F.R. � 1.1307(c) and (d). Letter from Joseph P. Casey, Chief, Technical and Public Safety Division, Enforcement Bureau, to Jim Blundell, Director of External Affairs, Western Wireless Corporation (January 14, 2003). Western February 2003 Letter. We note that in the Historical Society's November 1999 letter to the Wireless Telecommunications Bureau, it asserted that
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  • have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d), the Bureau staff that is responsible for processing an action that may not otherwise require an EA shall, on its own motion, require the preparation of an EA, if the Bureau determines that the proposal may have a significant environmental impact. 47 C.F.R. � 1.1306(a). See also 40 C.F.R. � 1507.3(b)(2)(ii) (CEQ's rules providing that agency procedures shall identify those typical classes of action that normally do not require either an environmental impact statement or an environmental assessment, i.e., categorical exclusions); see also 40 C.F.R. � 1508.4 (definition of ``categorical exclusion''); 40 C.F.R. �� 1500.4(p) and 1500.5(k) (federal agencies shall reduce excessive paperwork and delay
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  • Comments at 15-16, RCA Comments at 14. See Rural NPRM, 18 FCC Rcd at 20849-50 � 101 (citing Eighth Competition Report, 18 FCC Rcd at 14808 � 46) (identifying AT&T Wireless/Sprint agreement to cooperate in the construction of new wireless towers). See Rural NPRM, 18 FCC Rcd at 20850-51 � 104. Id. at 20849 � 100. See 47 CFR � 1.1306 n. 1 (providing that ``[t]he use of existing buildings, towers or corridors is an environmentally desirable alternative to the construction of new facilities and is encouraged.''). See Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, executed by the FCC, the National Conference of State Historic Preservation Officers, and the Advisory Counsel for Historic Preservation (Mar. 16, 2001), published at
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  • 18 FCC Rcd at 11679-11680. Id. AWS Comments at 5; CTIA Comments at 33; PCIA Comments at 34; Western/T-Mobile Comments at 11. PCIA Comments at 34. Ohio SHPO Comments at 2. Specifically, we clarify that consultation with NHOs is required where relevant, and that the responsibility for documentation lies with the SHPO/THPO. 47 C.F.R. � 17.8. See 47 C.F.R. � 1.1306 n.3 (categorically excluding from most environmental review construction in an antenna farm ``whether or not such area has been officially designated as an antenna farm''). Notice, 18 FCC Rcd at 11665, n.5. Civil War Preservation Trust Comments at 2-3; Conference Comments at 2; Delaware SHPO Comments at 1; Georgia SHPO Comments at 4; National Trust Comments at 3; New Hampshire
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1_Erratum.doc
  • 18 FCC Rcd at 11679-11680. Id. AWS Comments at 5; CTIA Comments at 33; PCIA Comments at 34; Western/T-Mobile Comments at 11. PCIA Comments at 34. Ohio SHPO Comments at 2. Specifically, we clarify that consultation with NHOs is required where relevant, and that the responsibility for documentation lies with the SHPO/THPO. 47 C.F.R. � 17.8. See 47 C.F.R. � 1.1306 n.3 (categorically excluding from most environmental review construction in an antenna farm ``whether or not such area has been officially designated as an antenna farm''). Notice, 18 FCC Rcd at 11665, n.5. Civil War Preservation Trust Comments at 2-3; Conference Comments at 2; Delaware SHPO Comments at 1; Georgia SHPO Comments at 4; National Trust Comments at 3; New Hampshire
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  • Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations, or modifications in existing facilities require the preparation of an EA if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency (RF) emissions in excess of the guidelines that the Commission has adopted. See 47 C.F.R. �� 1.1310, 2.1093. 47 C.F.R. � 1.1306(a). 47 C.F.R. � 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d),
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  • and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits specified in � 73.317; (10) a certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in � 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to � 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment ("EA") pursuant to � 1.1311 and may not commence IBOC operation until such EA is ruled upon by the Commission. * * * * * � 73.1201 Station Identification. (b) Content. (1) Official station identification shall consist of the station's call letters immediately followed by the community or communities
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  • of the NHPA and the rules of the Advisory Council. Therefore, we disagree with SEUNA's argument that the Commission should withdraw T-Mobile's operating permit for this facility. Accordingly, we agree with the Division's action denying the informal complaint. 7. ACCORDINGLY, IT IS ORDERED, pursuant to Section 5(c)(5) of the Communications Act, as amended, 47 U.S.C. � 155(c)(5), and Sections 1.115(g), 1.1306, and 1.1307(a)(4) of the Commission's rules, 47 C.F.R. �� 1.115(g), 1.1306, and 1.1307(a)(4), that the Application for Review filed by the South East University Neighborhood Association IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Application for Review (Application), filed by SEUNA on Nov. 25, 2004. See also Opposition to the Application for Review (Opposition), filed Dec. 6, 2004,
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  • environmental information from the applicant, unless the applicant has provided an affirmative statement reflecting active pursuit during the previous 60 days of environmental review for the proposed antenna structure(s). To avoid potential dismissal of its license application, the license applicant must provide updates every 60 days unless or until the applicant has submitted the material requested by the Bureau. Section 1.1306 is amended by revising Note 2 to read as follows: � 1.1306 Actions which are categorically excluded from environmental processing. ***** Note 2: The specific height of an antenna tower or supporting structure, as well as the specific diameter of a satellite earth station, in and of itself, will not be deemed sufficient to warrant environmental processing, see �� 1.1307
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • See also47 C.F.R. � 1.1308(b)(3) ("The EA is a document which shall explain the environmental consequences of the proposal and set forth sufficient analysis for the Bureau or the Commission to reach a determination that the proposal will or will not have a significant environmental effect."); 47 C.F.R.� 1.1311 (information to be included in an environmental assessment). 3747 C.F.R. � 1.1306. 38Section 1.1307(a) specifies that Commission actions with respect to the following types of facilities may significantly affect the environment: (1) facilities that are to be located in an officially designated wilderness area; (2) facilities that are to be located in an officially designated wildlife preserve; (3) facilities that may affect listed threatened or endangered species or designated critical habitats, or
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  • construction or extension of lines that may have a significant effect on the environment as defined in our environmental rules. We also tentatively conclude that our environmental rules should provide that the construction of new submarine cables in particular (as opposed to the construction or extension of other international lines) will not have a significant effect on the environment. Section 1.1306 of our rules categorically excludes from environmental processing Commission actions on certain facilities or equipment that "are deemed individually and cumulatively to have no significant effect on the quality of the human environment." In 1974, the Commission concluded that any action on an application for a submarine cable landing license would be categorically excluded from environmental processing. In reaching this
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  • CFR � 1.1314. However, EAs are rarely filed since most applicants and licensees who are not categorically excluded undertake measures to ensure compliance before submitting an application. 30 Categorical exclusions from routine environmental evaluation are allowed under NEPA when actions are judged individually and cumulatively to have no significant potential for effect on the human environment. See 47 CFR � 1.1306(a); see also, Notice at para. 5, ET Docket No. 93-62, 8 FCC Rcd 2849 (1993). However, we retain, under � 1.1307(c) and (d), the authority to request that a licensee or an applicant conduct an environmental evaluation and, if appropriate, file environmental information pertaining to an otherwise categorically excluded application if it is determined that in that particular case there
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  • housing facilities."136 68. In the Notice, we tentatively concluded that, as we originally decided in 1974, the construction of new submarine cable systems, individually and cumulatively, will not have a significant effect on the environment and therefore should be expressly excluded from our environmental processing requirements. We also specifically requested comment on the proposed addition to Note 1 of Section 1.1306 to reflect categorical exclusion of the construction of new submarine cable systems. We sent a copy of the Notice to the Council on Environmental Quality. No party commented on these proposals. 69. Seeing no opposition to our proposal, we adopt it as outlined in our Notice. We will add a note to Section 1.1306 to reflect a categorical exclusion for
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • antenna structure proposed in this application; OR the registration for the antenna structure is not required because the structure does not require notification to the FAA pursuant to 47 C.F.R. Section 17.7; OR the FAA was notified of the proposed facility pursuant to 47 C.F.R. Section 17.7. 25. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306; i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments. Exhibit Required. Radiofrequency Electromagnetic Exposure By checking Yes above, the applicant also certifies that the applicant, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • in surface features (e.g., wetland fill, deforestation or water diversion). Yes G No G 8.does not comply with the FCC established guidelines regarding exposure to RF electromagnetic fields as described in OET Bulletin 65. Yes G No G CONCLUSION Based on your consideration of the above, the proposed facility would not be excluded from environmental processing under 47 C.F.R. � 1.1306 (i.e., the facility will have a significant environmental impact) thereby requiring an Environmental Assessment? Yes G No G Applicants who answered "No" to all questions on this General Worksheet but who are relying on information other than that in our RF Worksheets to support their RF compliance statement should submit a detailed explanation demonstrating their compliance. Additionally, all applicants for
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • 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 Stat. 56, 149-151 (amending 47 U.S.C. � 224). See 1977 Senate Report, S. Rep. No. 580, 95th Cong., 1st Sess. 19, 20 (1977). Id. In the Matter of Amendment of the Commission's Rules and Policies Governing Pole Attachments, Report and Order, 15 FCC Rcd 6453
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • a proposed facility ``may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or eligible for listing in the National Register of Historic Places.'' 25 Western November 2002 Letter at 3. See also 47 C.F.R. 1.1307(a)(4) note (emphasis added). 26 Western November 2002 Letter at 3. See also 47 C.F.R. 1.1306(a), 1.1307(a)(4). 27 Western November 2002 Letter . 47 C.F.R. 1.1307(c) and (d). 28 Letter from Joseph P. Casey, Chief, Technical and Public Safety Division, Enforcement Bureau, to Jim Blundell, Director of External Affairs, Western Wireless Corporation (January 14, 2003). 29 Western February 2003 Letter. 30 We note that in the Historical Society's November 1999 letter to the Wireless Telecommunications Bureau,
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1586A1.html
  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Airadigm's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under section 1.1306 of the Rules or may have a significant environmental effect, as defined in section 1.1307 of the Rules. c. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered
• http://transition.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Horvath's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under Section 1.1306 of the Rules or may have a significant environmental effect, as defined in Section 1.1307 of the Rules. b. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered
• http://transition.fcc.gov/fcc-bin/audio/DA-10-866A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-866A1.pdf
  • can call in the event of interference; Analog, digital and, if applicable, combined transmitter power output; Analog and digital ERP; and A certification that the notified operation will not cause human exposure to levels of radio-frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment (``EA'') pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation with increased digital ERP are deemed to have complied with the required notification procedures. All such STAs carry
• http://transition.fcc.gov/ib/sand/neg/hf_web/appinfo.html
  • 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 to get to the FCC Filing Fee Web page. On this page you may chick the appropreiate format of the International Bureau Fee Filing
• http://wireless.fcc.gov/siting/npaguid.html
  • actions for environmental consequences. Our rules implementing NEPA are found at [41]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. [42]Section 1.1305 of these rules state that the Commission "has found no common pattern which would enable it to specify" any particular Commission action as a "major action" under NEPA. Thus, [43]section 1.1306 of the Rules "categorically excluded from environmental processing" all Commission actions except for those specifically identified in [44]section 1.1307. If a licensee's proposed action falls within one of the categories of 1.1307, [45]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)
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000035.doc
  • 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 Council On Historic Preservation submitted a letter to the Commission asking for assistance in determining whether the Commission has met its requirements under the Advisor Council's regulations regarding this project. On September 9, 1999, in response to a telephone request from the Commission, the office of the Rhode Island State Historic
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
  • have no significant potential for effect on the human Federal Communications Commission FCC 96-326 _________________________________________ Part 99 has been re-numbered as Part 24. 89 AT&T Comments at 2, 10, 11. 90 GTE Comments at 16. 91 Ericsson Comments at 17, LMCC Comments at 9, AMTA Reply Comments at 5, Motorola Comments at 92 15-20. 31 environment. See 47 CFR � 1.1306(a); see also, Notice at para. 5, ET Docket No. 93-62, 8 FCC Rcd 2849 (1993). However, the Commission, under � 1.1307(c) and (d), retains the authority to request that a licensee or an applicant conduct an environmental evaluation and, if appropriate, file environmental information pertaining to an otherwise categorically excluded application if it is determined that in that particular case
• 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
  • CFR � 1.1314. However, EAs are rarely filed since most applicants and licensees who are not categorically excluded undertake measures to ensure compliance before submitting an application. 30 Categorical exclusions from routine environmental evaluation are allowed under NEPA when actions are judged individually and cumulatively to have no significant potential for effect on the human environment. See 47 CFR � 1.1306(a); see also, Notice at para. 5, ET Docket No. 93-62, 8 FCC Rcd 2849 (1993). However, we retain, under � 1.1307(c) and (d), the authority to request that a licensee or an applicant conduct an environmental evaluation and, if appropriate, file environmental information pertaining to an otherwise categorically excluded application if it is determined that in that particular case there
• http://www.fcc.gov/Bureaus/International/Notices/1998/fcc98149.pdf
  • construction or extension of lines that may have a significant effect on the environment as defined in our environmental rules.45 Federal Communications Commission FCC 98-149 of Historic Places); cf. 47 C.F.R. � 63.07(b). Therefore, for example, this new Section 63.22(e) would not authorize the construction of terrestrial U.S.�Canada facilities located in an officially designated wildlife preserve. 46 47 C.F.R. � 1.1306(a); see 40 C.F.R. �� 1507.3(b)(2)(ii), 1508.4 (Council on Environmental Quality rules implementing the National Environmental Policy Act of 1969); see also National Environmental Policy Act of 1969 � 102, 42 U.S.C. � 4332 (1994). 47 See Implementation of the National Environmental Policy Act of 1969, Report and Order, 49 F.C.C.2d 1313, 1321 � 17 (1974) (NEPA Implementation). 48 Id. 49
• http://www.fcc.gov/Bureaus/International/Orders/1999/da992778.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da992778.txt
  • � 153(46) (defining "telecommunications service"). 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. 47 C.F.R. �� 1.767(a)(6), 63.18(e)(6), 63.18(h). See Application at 5. See id. at 5. See id. at 5. See id. at 5. See id. at 5. See id. at 1. 47 C.F.R. � 1.767(a)(5). Id. Id. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909, paras. 67-69 (1999). DA 99-2778 ________________________________________________________________________ ____________ Federal Communications Commission DA 99-2778 ________________________________________________________________________ ____________ DA 99-2778 ________________________________________________________________________ ____________ DA 99-2778 ________________________________________________________________________ ____________ Federal Communications Commission DA 99-2778 ________________________________________________________________________ ____________ Federal Communications Commission DA
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99051.pdf http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99051.txt http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99051.wp
  • housing facilities."136 68. In the Notice, we tentatively concluded that, as we originally decided in 1974, the construction of new submarine cable systems, individually and cumulatively, will not have a significant effect on the environment and therefore should be expressly excluded from our environmental processing requirements. We also specifically requested comment on the proposed addition to Note 1 of Section 1.1306 to reflect categorical exclusion of the construction of new submarine cable systems. We sent a copy of the Notice to the Council on Environmental Quality. No party commented on these proposals. 69. Seeing no opposition to our proposal, we adopt it as outlined in our Notice. We will add a note to Section 1.1306 to reflect a categorical exclusion for
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99167.pdf http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99167.txt http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99167.wp
  • controlling them, controlled by them, or under direct or indirect common control with them do not enjoy and shall not acquire any right to handle traffic to or from the United States, its territories, or its possessions unless such service be authorized by the Commission pursuant to Section 214 of the Communications Act, as amended; 59 See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, FCC 99-51, �� 67�69 (rel. Mar. 23, 1999). 17 Federal Communications Commission FCC 99-167 (4)The Licensees or any persons or companies controlling them, controlled by them, or under direct or indirect common control with them shall not
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000076.doc
  • 53� 37' 38" N, 2� 59' 23" W. C. Environmental Impact Based on the information provided by the Applicant and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we find that acting on this Application would not significantly affect the environment according to Section 1.1307(a) or (b) of the Commission's rules. Therefore, pursuant to Section 1.1306 of the Commission's rules, we conclude that grant of the requested license would not significantly affect the environment. Consequently, Worldwide Telecom is not required to submit an environmental assessment, and this Application is categorically excluded from environmental processing. V. Conclusion We grant Worldwide Telecom's Application for authority to land and operate a non-common carrier fiber optic submarine cable extending between
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000108.doc
  • 95 (1997), recon. pending; Cable & Wireless, 12 FCC Rcd at 8530 � 39; AT&T Corp. et 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 Application at Attachment 1(a)(6). Id at (a)(5). Id. Id. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review -- Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909, �� 67-69 (1999). Federal Communications Commission DA 00-108 Federal Communications Commission DA 00-108 � � @& '' / -u&
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000310.doc
  • of the specific description of the landing point. C. Environmental Impact Based on the information provided by the Applicant and pursuant to the Commission's procedures implementing the National Environmental Policy Act of 1969, we find that acting on this Application would not significantly affect the environment according to Section 1.1307(a) or (b) of the Commission's rules. Therefore, pursuant to Section 1.1306 of the Commission's rules, we conclude that grant of the requested license would not significantly affect the environment. Consequently, SAC Landing Corp. is not required to submit an environmental assessment, and this Application is categorically excluded from environmental processing. V. Conclusion We grant SAC Landing Corp.'s Application for authority to land and operate a non-common carrier fiber optic submarine cable
• http://www.fcc.gov/Bureaus/International/Orders/2000/da001808.doc
  • Wireless, 12 FCC Rcd at 8530 � 39; AT&T Corp. et al., Cable Landing License, 13 FCC Rcd 16232, 16237 �15 (Int'l. Bur. 1998). See Application at 6. See 47 U.S.C. � 153(44) (defining "telecommunications carrier"); Cable & Wireless, 12 FCC Rcd at 8523. See Application at 9-12. Id. at Attachment B. Id. at Attachment C. See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review -- Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909, �� 67-69 (1999). Federal Communications Commission DA 00-1808 Federal Communications Commission DA 00-XXXX @ A � � � � � , � �
• http://www.fcc.gov/Bureaus/International/Orders/2000/da001826.doc
  • See id. at 2-3. See id. at 3. See 47 U.S.C. � 153(44) (defining ``telecommunications carrier''); Cable & Wireless UK Cable Order, 12 FCC Rcd at 8523, para. 17. See Application at 8-10; Telef�nica SAM August 8, 2000 Letter at 4. See Application at 9-10. See 47 C.F.R. � 1.767. See 47 C.F.R. � 1.767 (a). See 47 C.F.R. � 1.1306 Note 1 (as amended 1999); 1998 Biennial Regulatory Review - Review of International Common Carrier Regulations, IB Docket No. 98-118, Report and Order, 14 FCC Rcd 4909 at paras. 67-69 (1999). (continued....) Federal Communications Commission DA 00-1826 Federal Communications Commission DA 00-1826 Federal Communications Commission DA 00-1826 Federal Communications Commission DA 00-1826 U V ������������������������������������������������������������������������ ������ |� |� � J"v-��PNG
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • antenna structure proposed in this application; OR the registration for the antenna structure is not required because the structure does not require notification to the FAA pursuant to 47 C.F.R. Section 17.7; OR the FAA was notified of the proposed facility pursuant to 47 C.F.R. Section 17.7. 25. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306; i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments. Exhibit Required. Radiofrequency Electromagnetic Exposure By checking Yes above, the applicant also certifies that the applicant, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • in surface features (e.g., wetland fill, deforestation or water diversion). Yes G No G 8.does not comply with the FCC established guidelines regarding exposure to RF electromagnetic fields as described in OET Bulletin 65. Yes G No G CONCLUSION Based on your consideration of the above, the proposed facility would not be excluded from environmental processing under 47 C.F.R. � 1.1306 (i.e., the facility will have a significant environmental impact) thereby requiring an Environmental Assessment? Yes G No G Applicants who answered "No" to all questions on this General Worksheet but who are relying on information other than that in our RF Worksheets to support their RF compliance statement should submit a detailed explanation demonstrating their compliance. Additionally, all applicants for
• http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
  • 100 160 220 280 340 50 110 170 230 290 350 CERTIFICATION 11. See Explanation Yes No Interference. The proposed facility complies with all of the following applicable rule sections. 47 C.F.R. Sections 73.6011, 73.6012, 73.6013, 73.6014, 73.6020, 73.1030 and 74.709. in Exhibit No. 12. Environmental Protection Act. The proposed facility is excluded from environmental processing, under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine RF compliance. An Exhibit is required. Exhibit No. By checking ''Yes'' above, the applicant also certifies that it, in coordination with other users of the site, will reduce power
• http://www.fcc.gov/Forms/Form301/301.pdf
  • See Explanation 9. No Yes in Exhibit No. 10. See Explanation Yes Noin Exhibit No. Groundwave. Exhibit No. 47 C.F.R. Section 73.37 a. Skywave. Exhibit No. 47 C.F.R. Section 73.182. b. Critical Hours. Exhibit No. 47 C.F.R. Section 73.187. c. 11. See Explanation No Yes Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required. in Exhibit No. By checking ''Yes'' above, the applicant also certifies that it, in
• http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
  • facility and/or change the ERP of the proposed auxiliary facility? If ''Yes'' to the above, the applicant certifies the following: Auxiliary antenna service area. The proposed auxiliary facility complies with 47 C.F.R. Section 73.1675(a). Exhibit is required. a. See Explanation Yes No in Exhibit No. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). b. See Explanation No Yes in Exhibit No. By checking ''Yes'' above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • d. Multiple Ownership Showing. The increase in ERP will not require the consideration of a multiple ownership showing pursuant to 47 C.F.R. Section 73.3555. See Explanation in Exhibit No. Yes No Yes No Exhibit No. e. See Explanation in Exhibit No. Yes No Yes No Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required. By checking "Yes" above, the applicant also certifies that it, in coordination with other users
• http://www.fcc.gov/Forms/Form318/318.pdf
  • facility complies with 47 C.F.R. Section 73.825. See Explanation No Yes in Exhibit No. N/A See Explanation No Yes in Exhibit No. National Environmental Policy Act. The applicant certifies, based on its completion of Worksheets 2 and 3 and its review of the instructions to this application, that the proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the attached General Environmental and RF Exposure Worksheets, an Exhibit is required. THE FOLLOWING PREPARER'S CERTIFICAT ION MUST BE COMPLETED AND SIGNED. a. 10.
• http://www.fcc.gov/Forms/Form335/335am.pdf
  • Licensee certifies its facilities conform to the iBiquity Digital Corporation hybrid specifications: 7. No Yes Licensee certifies that its interim digital operation will not cause human exposure to radio frequency radiation in excess of the limits for maximum permissible exposure specified in Section 1.1310 of the Commission's rules, and it is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's rules: 8. No Yes I hereby certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. Typed or Printed Name of Person Signing Typed or Printed Title of Person
• http://www.fcc.gov/Forms/Form335/335fm.pdf
  • digital power, its facilities conform to the iBiquity Digital Corporation hybrid specifications: 7. No Yes Licensee certifies that its interim digital operation will not cause human exposure to radio frequency radiation in excess of the limits for maximum permissible exposure specified in Section 1.1310 of the Commission's rules, and it is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's rules: 9. No Yes Licensee certifies its analog effective radiated power will remain as authorized after commencement of digital operations: 8. No Yes Exhibit No. If No, licensee must submit an environmental assessment (EA) and may not commence interim digital operation until the EA is acted upon by the Commission. Effective Radiated Power: Analog: Digital: kilowatts kilowatts
• http://www.fcc.gov/Forms/Form340/340.pdf
  • United States and Canada or Mexico. Yes No Mexico Canada Exhibit No. If ''No,'' specify the country and provide an Exhibit of compliance with all provisions of the relevant International Agreement. FCC Form 340 (Page 10) 14. 15. 16. 17. 18. See Explanation Yes No Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Worksheet #7, an Exhibit is required. in Exhibit No. By checking ''Yes'' above, the applicant also certifies that it, in
• http://www.fcc.gov/Forms/Form346/346.pdf
  • Azimuths NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a ''No'' response is provided. CERTIFICATION 13. See Explanation No Yes in Exhibit No. 14. See Explanation No Yes Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine RF compliance. An Exhibit is required. in Exhibit No. Exhibit No. By checking ''Yes'' above, the applicant also certifies that it, in coordination with other users of the site,
• http://www.fcc.gov/Forms/Form349/349.pdf
  • it does not have any interest in an application or an authorization for an FM translator station that serves substantially the same area and rebroadcasts the same signal as the proposed FM translator station. 15. Yes No See Explanation in Exhibit No. Environmental Protection Act. Applicant certifies that the proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required. By checking ''Yes'' above, the applicant also certifies that it, in coordination with other
• http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • a proposed facility ``may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or eligible for listing in the National Register of Historic Places.'' 25 Western November 2002 Letter at 3. See also 47 C.F.R. 1.1307(a)(4) note (emphasis added). 26 Western November 2002 Letter at 3. See also 47 C.F.R. 1.1306(a), 1.1307(a)(4). 27 Western November 2002 Letter . 47 C.F.R. 1.1307(c) and (d). 28 Letter from Joseph P. Casey, Chief, Technical and Public Safety Division, Enforcement Bureau, to Jim Blundell, Director of External Affairs, Western Wireless Corporation (January 14, 2003). 29 Western February 2003 Letter. 30 We note that in the Historical Society's November 1999 letter to the Wireless Telecommunications Bureau,
• http://www.fcc.gov/eb/Orders/2011/DA-11-1586A1.html
  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Airadigm's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under section 1.1306 of the Rules or may have a significant environmental effect, as defined in section 1.1307 of the Rules. c. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered
• http://www.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • on the environment of any proposed facilities, including facilities for which no pre-construction authorization is required, prior to the initiation of construction of such proposed facilities. Horvath's Operating Procedures shall incorporate a Compliance Checklist that describes the steps that a Covered Employee must follow to determine whether construction of the proposed facility is categorically excluded from environmental processing under Section 1.1306 of the Rules or may have a significant environmental effect, as defined in Section 1.1307 of the Rules. b. Compliance Manual. Within sixty (60) calendar days after the Effective Date, the Compliance Officer shall develop and distribute a Compliance Manual to all Covered Employees. The Compliance Manual shall explain the Environmental Rules and set forth the Operating Procedures that Covered
• http://www.fcc.gov/fcc-bin/audio/DA-03-615A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-615A1.pdf
  • under the NHPA, and because the Environmental Assessment shows no other potential significant environmental effect, a Finding of No Significant Impact is not required for this construction. We therefore dismiss as improvidently filed the application on Form 601 filed January 30, 2002, by SMSA, and we dismiss the responsive petition to deny. For the reasons stated above, pursuant to Section 1.1306 of the Commission's rules, it is ordered that the application on FCC Form 601 filed on January 30, 2002, by SMSA, and the Petition to Deny filed by the New York SHPO on July 5, 2002, are hereby dismissed. Sincerely, Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau cc: Richard Lord, Historic Sites Restoration Coordinator, New York
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  • if separate analog and digital transmitters are used, the power output for each transmitter; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and if applicable, any power reduction in an AM station's primary digital carriers. A copy of the notification letter shall be posted next to the station license and a
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  • in the event of interference; transmitter power output for the analog and digital transmitters; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; geographic coordinates, elevation data, and license file number for the auxiliary antenna to be employed for digital transmissions; and for systems employing interleaved antenna bays, a certification that adequate
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  • from and on behalf of local residents stating that the new WTHZ(FM) tower could adversely affect several historic properties, principally the Dr. Oni Pinkney Houston House, the Rankin Sherrill House and the Carlyle Sherrill House. On April 27, 2004, the staff requested additional information from Davidson regarding its certification that the proposed project was excluded from environmental processing under Section 1.1306 of the Commission's rules. Davidson submitted its response on June 2, 2004, serving a copy on each person or entity that had expressed concerns at that time. Dr. Rotenstein submitted comments on Davidson's response by electronic mail on June 13, 2004, and James and Marian Rollans submitted comments on June 20, 2004. Additionally, on July 1, 2004, the State Historic
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  • days later, White Park, in the KROW Application, proposed essentially the same facilities specified in the 2007 KROW Application, i.e., the relocation of KROW(FM) to McCullough Peak on the same tower as that proposed by KBEN-FM and KWHO(FM). The KBEN/KWHO Applications. In the KBEN-FM and KWHO Applications, White Park certified that the proposal was excluded from environmental processing under Section 1.1306 of the Rules, i.e., that the proposed facility would not have a significant environmental impact and complies with the maximum permissible radiofrequency radiation (``RFR'') exposure limits for controlled and uncontrolled environments. Each Application contained an explanatory Exhibit specifically addressing compliance with the Commission's RFR exposure guidelines and stating that: The location of the transmitter site is near an existing tower
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  • Rationale for a Biologically-based Public Exposure Standard for Electromagnetic Fields (ELF and RF), (2007) http://www.bioinitiative.org/report/index.htm; International Association of Firefighters Position on the Health Effects from Radio Frequency/Microwave (RF/MW) Radiation in Fire Department Facilities from Base Stations for Antennas and Towers for the Conduction of Cell Phone Transmissions, http://www.iaff.org/hs/Facts/CellTowerFinal.asp. 47 U.S.C. � 309(a). Id. at � 309(e). See 47 C.F.R. �� 1.1306 and 1.1310 and File No. BNP-20050118ALF, Exhibit 19. Responsibility of the Federal Communications Commission to Consider Biological Effects of Radiofrequency Radiation when Authorizing the Use of Radiofrequency Devices; Potential Effects of a Reduction in the Allowable Level of Radiofrequency Radiation on FCC-Authorized Communications Services and Equipment, Report and Order, 100 FCC 2d 543 (1985); on reconsideration, 58 RR 2d 1128
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  • upon the environment; (2) require the preparation and submission of an EA for an action that may have a significant environmental effect; and (3) exclude certain actions categorically from environmental processing. In this case, the initiation of interim IBOC operations normally will require no construction or tower lighting, and thus, is categorically excluded from environmental processing under 47 C.F.R. �� 1.1306(a) and (b). To the extent that IBOC systems raise environmental concerns regarding exposure of members of the public to radiofrequency (RF) radiation under 47 C.F.R. �1.1307(b), our existing RF standards adequately address those concerns. The introduction of IBOC transmissions will add approximately one percent to a station's total RF radiation output. Accordingly, interim IBOC operations by a compliant analog station
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  • a proposed facility ``may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or eligible for listing in the National Register of Historic Places.'' Western November 2002 Letter at 3. See also 47 C.F.R. � 1.1307(a)(4) note (emphasis added). Western November 2002 Letter at 3. See also 47 C.F.R. �� 1.1306(a), 1.1307(a)(4). Western November 2002 Letter . 47 C.F.R. � 1.1307(c) and (d). Letter from Joseph P. Casey, Chief, Technical and Public Safety Division, Enforcement Bureau, to Jim Blundell, Director of External Affairs, Western Wireless Corporation (January 14, 2003). Western February 2003 Letter. We note that in the Historical Society's November 1999 letter to the Wireless Telecommunications Bureau, it asserted that
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  • have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d), the Bureau staff that is responsible for processing an action that may not otherwise require an EA shall, on its own motion, require the preparation of an EA, if the Bureau determines that the proposal may have a significant environmental impact. 47 C.F.R. � 1.1306(a). See also 40 C.F.R. � 1507.3(b)(2)(ii) (CEQ's rules providing that agency procedures shall identify those typical classes of action that normally do not require either an environmental impact statement or an environmental assessment, i.e., categorical exclusions); see also 40 C.F.R. � 1508.4 (definition of ``categorical exclusion''); 40 C.F.R. �� 1500.4(p) and 1500.5(k) (federal agencies shall reduce excessive paperwork and delay
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  • 18 FCC Rcd at 11679-11680. Id. AWS Comments at 5; CTIA Comments at 33; PCIA Comments at 34; Western/T-Mobile Comments at 11. PCIA Comments at 34. Ohio SHPO Comments at 2. Specifically, we clarify that consultation with NHOs is required where relevant, and that the responsibility for documentation lies with the SHPO/THPO. 47 C.F.R. � 17.8. See 47 C.F.R. � 1.1306 n.3 (categorically excluding from most environmental review construction in an antenna farm ``whether or not such area has been officially designated as an antenna farm''). Notice, 18 FCC Rcd at 11665, n.5. Civil War Preservation Trust Comments at 2-3; Conference Comments at 2; Delaware SHPO Comments at 1; Georgia SHPO Comments at 4; National Trust Comments at 3; New Hampshire
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  • Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations, or modifications in existing facilities require the preparation of an EA if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency (RF) emissions in excess of the guidelines that the Commission has adopted. See 47 C.F.R. �� 1.1310, 2.1093. 47 C.F.R. � 1.1306(a). 47 C.F.R. � 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d),
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  • exhibit is required for each applicable section as indicated. Groundwave. a) ( 47 CFR ( 73.37. Skywave. b) ( 47 CFR ( 73.182. Critical Hours. c) ( 47 CFR ( 73.187. Blanketing Interference. The proposed facility complies with the requirements of 47 CFR ( 73.24(g). 17.Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 CFR ( 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an exhibit is required. 18.Site Availability. Applicant certifies that it has reasonable assurance that the site or proposed structure
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  • common carrier) of the Commissions rules as appropriate. (f) An applicant may apply for any or all of the authority (e)(1) through (e)(4) in the same consolidated application. However, applicants may choose to file separate applications for services not subject to streamlined processing. (g) If the applicant is seeking facilities-based authority under 63.18(e)(3) and its facilities are listed in Section 1.1306 of the Commissions rules, an environmental assessment as described in Section 1.1311 of the Commissions rules is required upon filing. (h) The applicant must provide the name, address, citizenship, principal businesses and percentage of the equity held by any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant. The applicant must
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  • provided for in paragraph (e) of this section in the same application. The applicant may want to file separate applications for those services not subject to streamlined processing under [120] 63.12 . (g) Where the applicant is seeking facilities-based authority under paragraph (e)(3) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in 1.1311 of this chapter need not be filed with the application. (h) The name, address, citizenship and principal businesses of any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant, and the percentage of equity owned by each of
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  • 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 to get to the FCC Filing Fee Web page. On this page you may chick the appropreiate format of the International Bureau Fee Filing
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  • 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 10231, Mar. 31, 1987; 55 FR 20398, May 16, 1990] � 78.16 Who may sign applications. top (a) Applications, amendments thereto, and related statements of fact required by
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  • and in no way did it sound the tocsin for new regulations. After the Office of Engineering & Technology rejected EMR's initial petition, but before the Commission ruled on the issue, EMR submitted several academic studies discussing potential health effects from exposure to RF radiation at levels lower than are currently permissible without additional environmental analysis. See 47 C.F.R. �� 1.1306, 1.1307. The Commission affirmed the dismissal of EMR's petition, concluding that there was "no compelling evidence" that a rulemaking was warranted. EMR Network Petition for Inquiry To Consider Amendment of Parts 1 and 2 Regarding Environmental Effects of Radiofrequency Radiation, 18 FCC Rcd 16822, 16827, � 12 (2003). EMR now petitions for review of the Commission's order, arguing principally that