FCC Web Documents citing 1.1307

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

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • population_match_ind It will operate at post-transition facilities that match or reduce by no more than five char(1) percent with respect to predicted population from those defined in the new DTV Table Appendix B. rad_astr_ind Radio Astronomy Notifications met Indicator char(1) rel_field_values_na Indicates whether or not there is any Relative Fields values char(1) rule_1_1307_ind No significant health hazard as specified in 1.1307 Indicator char(1) rule_73_1660_ind Transmitter complies with 73.1660 (yes/no) char(1) rule_73_1690c_3_ind Rule 73.1690(c)(3) Apply Indicator, Pattern of Directional Antenna char(1) rule_73_607_ind Facility satisfy Rule 73.607 for Allotment (yes/no) char(1) rule_73_610_ind Indicates whether the proposed facility will satisfy the requirements of rule 73.610. char(1) rule_73_614_ind Facility complies with Rule 73.614 for ERP, and HAAT (yes/no) char(1) rule_73_62_ind ERP and Haat for this
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  • the stations are at reduced power or shut down.'' WVEA-LP 2004 Modification Application, RFR Exhibit at 4. Another station's transmitter was found to produce power density levels that exceeded 5% of the power density exposure limit applicable to its particular transmitter. This station is also responsible for ensuring the penthouse rooftop's compliance with the RFR limits. See 47 C.F.R. � 1.1307(b)(3). Such information allows workers who are fully aware of the potential for their exposure to make informed decisions and exercise control over their exposures. See 47 C.F.R. � 1.1310, Note 1 to Table 1. See also OET Bulletin 65 at 55 - 59. Entravision requested an extension to submit its response to the NAL, which was granted by the Region.
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  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to ``...all facilities, operations and transmitters regulated by the Commission.'' Section 1.1307(b)(3) of the Rules states that ``when the guidelines specified in � 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
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  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to ``...all facilities, operations and transmitters regulated by the Commission.'' Section 1.1307(b)(3) of the Rules states that ``when the guidelines specified in � 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-804A1.pdf
  • NAL/Acct. No. 200732100014 ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau (``Bureau'') and United States Cellular Corporation (``US Cellular''). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules (``Rules'') with respect to its construction of a wireless base station near Fries, Virginia. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1886A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1886A1.pdf
  • EB-08-SE-194 Acct. No. 200832100065 FRN No. 0007911100 Adopted: August 11, 2008 Released: August 13, 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Vangard Wireless, LP (``Vangard''). The Consent Decree terminates an investigation by the Bureau against Vangard for possible violation of section 1.1307(a)(4) of the Commission's Rules (``Rules'') regarding the construction of a wireless communications facility in Roswell, New Mexico. The Bureau and Vangard have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2042A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2042A1.pdf
  • in this case does not raise safety concerns because the source-based time-averaged RF output power is below the threshold level required for SAR testing per OET equipment authorization policies, and as a general matter, part 15 spread spectrum devices are categorically excluded from routine environmental evaluation for RF exposure prior to equipment authorization or use. See 47 C.F.R. � � 1.1307(b)(1), 2.1093(c), and 15.247(i). 47 C.F.R. � 15.247(b)(4). As explained by CoachComm, the peak output powers of the initial and substitute RF modules are 69 mW and 60 mW, respectively. Because the directional corner reflector antenna has a gain of 9 dBi, however, the one watt power limit must be derated to reflect the coverage of a 6 dBi antenna. Both
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  • ) ) ) File No. EB-07-SE-151 NAL/Acct. No. 200832100022 FRN: 0001665900 ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Caprock Cellular Limited Partnership (``Caprock''). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules (``Rules''). The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist
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  • ) File No.: EB-08-SE-065 Acct. No.: 200832100042 FRN No.: 0014015226 Adopted: April 24, 2008 Released: April 28, 2008 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Westchester Services LLC (``Westchester''). The Consent Decree terminates an investigation by the Bureau against Westchester for possible violations of sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules (``Rules'') with respect to Westchester's construction of three wireless communications facilities in Bismark, Newman, and Oblong, Illinois. The Bureau and Westchester have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1506A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1506A1.pdf
  • No. 200932100070 FRN No. 0018006437 Adopted: July 8, 2009 Released: July 10, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and InFill Towers of America, LLC (``InFill''). The Consent Decree terminates an investigation by the Bureau against InFill for possible violation of section 1.1307(a)(4) of the Commission's Rules (``Rules'') regarding the construction of certain wireless communications facilities in Mississippi. The Bureau and InFill have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-36A1.pdf
  • EB-06-SE-344; EB-06-SE-437 Acct. No. 200732100001 FRN No. 0004677209 Adopted: January 15, 2009 Released: January 15, 2009 By the Assistant Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and T-Mobile USA, Inc. (``T-Mobile''). The Consent Decree is for the purpose of terminating the Bureau's investigation into whether T-Mobile violated section 1.1307(a)(4) of the Commission's Rules (``Rules'') with respect to the construction of a wireless communications facilities in Philadelphia, Pennsylvania, and Chimayo, New Mexico. The Bureau and T-Mobile have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-143A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-143A1.pdf
  • No. 0001678614 Adopted: April 9, 2010 Released: April 9, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Texas RSA 1 Limited Partnership dba XIT Wireless (``XIT''). The Consent Decree terminates an investigation by the Bureau against XIT for possible violation of section 1.1307(a)(4) of the Commission's Rules (``Rules'') regarding the construction of certain wireless communications facilities in Texas. The Bureau and XIT have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1586A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1586A1.pdf
  • ) File No.: EB-09-SE-080 Acct. No.: 201132100035 FRN: 0002701688 Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Airadigm Communications, Inc. dba AirFire Mobile (``Airadigm''). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-816A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-816A1.pdf
  • developed by the Institute of Electrical and Electronics Engineers, Inc. (``IEEE'') and adopted by the American National Standards Institute (``ANSI'') in section 4.1 of ``IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. � 1.1310, Table 1 and Note 2. See 47 C.F.R. �� 1.1307(b), 1.1307(b)(1), 1.1307(b)(5); Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538, 13540. See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public Notice,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-867A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-867A1.pdf
  • Acct No.: 201232100026 ) ) FRN: 0013457312 Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the
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  • equipment authorization, Radiofrequency (RF) safety standards, emission limits, frequency stability, antenna structures and air navigation safety, international coordination, and disturbance of AM broadcast station antenna patterns. In addition, other technical standards contained in other sections of the Commission's rules would apply to 4.9 GHz licensees. These standards would include, among others, Part 17 (antenna registration), Section 1.924 (quiet zones), and 1.1307 (environmental requirements). We tentatively conclude that all of these technical rules and the technical rules discussed below would apply to all 4.9 GHz licensees, regardless of the actual service provided or technology used, including those licensees who acquire licenses through partitioning of service areas or disaggregation of spectrum. We seek comment on these proposals. 1. In-Band Interference Control Section 27.55
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  • MHz MO&O and FNPRM at �� 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, � 106; see also Upper 700 MHz MO&O and FNPRM at �� 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, � 111. See supra para. 43. These existing requirements are found in 47 CFR �� 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, � 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report
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  • stations within its service area. Nonetheless, we believe there are situations in which we should require licensees to obtain an individual station license for a particular station within their geographic service area. The licensee will need to apply for an individual station license to the Commission for those individual stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our Rules; (2) require international coordination; (3) would operate in the quiet zones listed in Section 1.924 of our Rules; or (4) require coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC). We propose that the licensee be responsible for determining whether an individual station needs an individual station license. We further propose that
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  • whether there is a need for antenna gain regulation if we adopt geographic area licensing. To the extent commenters believe a minimum antenna gain requirement is necessary, we seek comment on Endwave's proposal to relax the technical parameters proposed by Loea. RF Safety. We propose that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091 and 2.1093 of our Rules, which list the services and devices for which an environmental evaluation must be performed. We seek comment on requiring routine environmental evaluations for RF exposure in the case of fixed operations, including base stations in cases where there is a possible safety risk if the installation of the transmitter antenna is not properly designed.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-302A1.txt
  • short-form auction applications using FCC Form 175. In addition, winning bidders must submit long-form license applications through the Universal Licensing System using FCC Form 601, and other appropriate forms. Licensees will also be required to apply for an individual station license by filing FCC Form 601 for those individual stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our Rules; (2) require international coordination; (3) would operate in the quiet zones listed in Section 1.924 of our Rules; or (4) require coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC). Licensees will be required to identify on Form 601 the type of service or services they intend to provide. We comment of
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  • seek comment on the technical ramifications of potential band segmentation plans, and on techniques for dual use based on advanced modulation techniques, antenna technology, or other advanced methods for channelization. RF Safety Commission rules implementing the National Environmental Policy Act of 1969 are intended to prevent human exposure to potentially unsafe levels of radiofrequency (RF) radiation. To that end, section 1.1307(b) of our rules requires preparation of Environmental Assessments when licensees propose to construct fixed transmission facilities that exceed specified parameters. Exposure guidelines for the 2.3 GHz WCS band are the same as those for spectrum at 1710-1755 MHz and 2110-2155 MHz. For WCS, the threshold for environmental review is an effective radiated power (ERP) greater than 1,000 watts. With regard
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  • Act of 1966 (``NHPA''), as well as a related revision of the Commission's Rules. In November 2001, representatives of the Commission, Council and Conference, American Indian tribes, the communications industry, and historic preservation consultants, as part of a working group sponsored by the Council, began drafting a proposed Nationwide Agreement. Consistent with Section 800.14(b) of the Council's rules and Section 1.1307(a)(4) of the Commission's rules, the draft Nationwide Agreement is intended to tailor the Section 106 review in the communications context so as to improve compliance and streamline the review process for construction of towers and other Commission Undertakings. At the same time, the parties intend to advance and preserve the goal of the NHPA to protect historic properties, including historic
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  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
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  • provisions for emergency situations; inadvertent or post-review discovery of adverse effects on historic properties; construction prior to completion of the Section 106 process; public comments; and amendment or termination of the Agreement. Finally, the Nationwide Agreement proposes to prescribe two standardized forms for making submissions to the SHPO or THPO. The Commission further proposes to amend the Note to Section 1.1307(a)(4) in order to make clear that the procedures in the Nationwide Agreement will be binding on applicants, and that non-compliance with these procedures would subject a party to potential enforcement action by the Commission. Specifically, the Note to Section 1.1307(a)(4) would be amended to specify that in order to ascertain whether a proposed action may affect properties that are listed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit APPENDIX C PROPOSED RULES Subpart I of Part 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: In �1.1307, revise the Note following paragraph (a)(4) to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4)* * *: NOTE: The National Register is updated and re-published in the FEDERAL REGISTER each year in February. To ascertain whether a proposed action may affect properties that are
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  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
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  • Rules The Commission has implemented Subpart I of NEPA in Part 1, Subpart I of its rules. Under these rules, any Commission action deemed to have a significant effect upon the quality of the human environment requires the preparation of an Environmental Impact Statement (EIS). Any action deemed potentially to have a significant environmental effect under categories specified in Section 1.1307(a)(1)-(8) and (b) of the rules requires the preparation of an Environmental Assessment (EA). In addition, the Commission will require the preparation of an EA if it is determined that a particular action, which is otherwise categorically excluded under the rules, may have a significant environmental impact. Actions that are deemed individually and cumulatively to have no significant effect on the
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  • and that in some cases licensees may refrain from entering into such transactions to preclude potential competitors. We seek comment on whether high transaction costs or anti-competitive motivations will hinder such transactions. RF Safety The Coalition states that to implement its proposed approach, we should amend our RF emissions rules. More specifically, the Coalition contends that we should amend Sections 1.1307(b)(2), 2.1091(c) and 2.1093(c) to include MDS and ITFS services. The Commission considers RF safety procedures to be essential in protecting human beings from excessive exposure to RF energy. Accordingly, we seek comment on whether and how we should amend the RF safety rules. North American Datum (NAD) 83 Coordinate Data The Coalition notes that our rules require the submission of
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  • and licensees will be subject to the application filing procedures for the Universal Licensing System, set forth in Part 1 of our rules. Licensees will be required to comply with the practices and procedures listed in Part 1 of our rules for license applications, adjudicatory proceedings, etc. Licensees will be required to comply with the Commission's environmental provisions, including section 1.1307. Licensees will be required to comply with the antenna structure provisions of Part 17 of our rules. To the extent a licensee provides a Commercial Mobile Radio Service, such service would be subject to the provisions of Part 20 of the Commission's rules, along with the provisions in the rule part under which the license was issued. Part 20 applies
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  • to allow geographic area licensees to construct and operate their stations pursuant to the procedures set out in Section 1.2113 of our rules, and we seek comment on any clarifications, extensions, or exceptions to that rule that may be necessary. We propose to require geographic area licensees to license individually any station that requires an Environmental Assessment pursuant to Section 1.1307 of our rules or international coordination, or would affect the radio quiet zones described in Section 1.924 of our rules. In the alternative, if we choose to adopt the kind of regulatory approach that we have applied to the 70/80/90 GHz bands, we propose to issue multiple, non-exclusive nationwide licenses. We recognize, of course, that there are significant differences between
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  • will be subject to the application filing procedures for the Universal Licensing system, set forth in Part 1 of our rules. Licensees will be required to comply with the practices and procedures listed in Part 1 of our rules for, inter alia, license applications and adjudicatory proceedings. Licensees will be required to comply with the Commission's environmental provisions, including section 1.1307. Licensees will be required to comply with the antenna structure provisions of Part 17 of our rules. Licensees will be required to comply with the CMRS provisions of Part 20 and the public (common carrier) mobile radio services of Part 22, to the extent applicable. We seek comment generally on any provision in existing service-specific rules that may require specific
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  • C. The Avatar Report and Comments 22 D. Studies at Michigan Public Safety Communications System (MPSCS) Towers 30 III. DiScussion 32 A. Legal Framework 33 B. Possible Need for Commission Action 36 C. Possible Commission Actions 38 1. Lighting requirements 38 2. Use of Guy Wires 48 3. Tower Height 56 4. Tower Location 59 5. Collocation 60 6. Section 1.1307 61 7. Other Possible Actions. 65 IV. PROCEDURAL MATTERS 66 A. Ex Parte Rules - Permit-But-Disclose Proceeding 66 B. Initial Regulatory Flexibility Act Analysis 67 C. Initial Paperwork Reduction Act of 1995 Analysis 68 D. Comment Period and Procedures 69 E. Further Information 70 V. Ordering Clauses 71 APPENDIX A - Initial Regulatory Flexibility Analysis APPENDIX B - List of
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  • 48 states, Alaska, Hawaii, Gulf of Mexico, and the U.S. territories. (b) The Public Safety Broadband License authorizes construction and operation of base stations anywhere within the area authorized by the license, except as follows: (1) A station is required to be individually licensed if: (i) International agreements require coordination; (ii) Submission of an environmental assessment is required under � 1.1307 of this chapter; or (iii) The station would affect areas identified in � 1.924 of this chapter. (2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under � 17.4 of this chapter. (c) Mobile and portable devices may operate without individual license under the authority of the
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  • and licensees would be subject to the application filing procedures for the Universal Licensing System, set forth in Part 1 of our rules. Licensees would be required to comply with the practices and procedures listed in Part 1 of our rules for license applications, adjudicatory proceedings, etc. Licensees would be required to comply with the Commission's environmental provisions, including section 1.1307. Licensees would be required to comply with the antenna structure provisions of Part 17 of our rules. To the extent a licensee provides a Commercial Mobile Radio Service, such service would be subject to the provisions of Part 20 of the Commission's rules, including 911/E911 and hearing aid-compatibility (HAC) requirements, along with the provisions in the rule part under which
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-20A1.pdf
  • affixed to any structure for which the height to the tip of the antenna will exceed three (3) meters (9.8 feet) above ground. This would replicate the same requirement that applies to the MedRadio Service. 49.RF safety.We note that portable devices are subject to Section 2.1093 of the rules, pursuant to which an environmental assessment must be prepared under Section 1.1307. These rule sections also govern existing MedRadio devices. Devices covered by these rules are subject to routine environmental evaluation for RF exposure prior to equipment authorization of use.54We further note, however, that our ongoing RF safety proceeding (ETDocket No. 03-137)anticipates dealing with proposed changes in the Commission's rules regarding human exposure to RF electromagnetic fields in a more comprehensive fashion.55Thus,
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  • since 1996, a regulated party acting in good faith would be able to identify, with ascertainable certainty, the standards with which the Commission expects parties to conform in order to comply with the RFR rules. We further find that licensees and applicants must comply with the MPE limits for RFR found in Section 1.1310 of the rules; and that Section 1.1307(b)(3) of the rules places an affirmative duty on all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure limit applicable to their particular transmitter, to ensure compliance with the Section 1.1310 limits at the relevant sites. Infinity raises three primary arguments in its Application for Review. First, Infinity argues
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  • Section 106 of the National Historic Preservation Act (16 U.S.C. � 470f). The Commission's rules require an Environmental Assessment (EA) prior to construction when a facility may have a significant impact on the environment. In order to determine whether an EA is necessary, applicants are required to ascertain whether their facilities may have nine types of effects specified in Section 1.1307(a) and (b) of the rules. Public Safety Broadband and Next-Generation 911 Networks As the broadband public safety network is developed, it expands the potential means for first responders not only to communicate with one another, but also to communicate with and receive data from 911 centers that will assist them in responding to emergencies. This potential will increase even further
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  • cease immediately upon notification of such interference, and complaints of all radio interference shall be forwarded immediately to the Commission, in writing. (d) Maritime Telecommunications Network, Inc. must comply with all applicable international coordination and operational requirements; (e) All transmitting facilities shall comply with Commission guidelines for human exposure to radio frequency electromagnetic fields as defined in 47 C.F.R. �� 1.1307(b) and 1.1310, including labeling and other appropriate requirements for subscriber transceiver units; (f) All antenna towers (masts), where required, shall be marked and lighted in accordance with FCC and FAA regulations; and (g) This authorization is subject to change in any of its terms, or to cancellation in its entirety, at any time upon reasonable notice, but without hearing if,
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  • and that the landing site in Hawksbill, Grand Bahama Island will 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
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. For more information regarding this proceeding, contact Victoria M. McCauley, Mass Media Bureau (202) 418-2136. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 14 FCC Rcd 6269 (1999). See File No. BPH-961115MM. On Top superceded KNXX, Inc., which had
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  • (Form 301), for NTSC Channel 34+ and for DTV Channel 32, specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 13. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment, or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • to any persons, unless the Commission shall give prior consent in writing; (6) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (7) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
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  • contrary no later than 60 days after receipt of the specific description; (7) The Commission reserves the right to require the Licensees to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
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  • quality and unique character of Steilacoom are attributable.'' SMC, Section 2.14.010. SMC, at 2.14.010. The Commission has stated that restrictions designed to preserve genuine historic districts may justify a waiver of its rules depending upon the circumstances and on how other types of antenna or modern accoutrements are treated. See Preemption Order, 11 FCC Rcd at 5819, and 47 C.F.R. �1.1307(a)(4), regarding Commission's actions with respect to licensing of facilities that may affect districts significant in American history or listed in the National Register of Historic Places. Preemption Order, 11 FCC Rcd at 5819. 47 C.F.R. � 25.104(a). SMC � 18.22.090, Design Requirements; and � 2.14.040, Steilacoom Preservation and Review Board. 47 C.F.R. � 1.4000(b)(2) and (3). 47 C.F.R. � 1.4000(b).
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 11. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the authorization of Agate Broadcasting, Inc. for Station KBFH, Channel 296A, Moose Lake, Minnesota, IS MODIFIED to specify operation on channel 295A at Moose Lake, Minnesota, subject to the following conditions: Within 90 days of the effective
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  • with Canada. If applicants do, they must provide Yes; otherwise, they must provide No. Item 26. For each location listed on the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2408A1_Erratum.doc
  • WPMH-547, East Brunswick, NJ. New York, NY District Office (9/20/00). Ms. Barbara Merrille, d/b/a Metrocall USA, Inc., WMPC-977, Brick, NJ. New York, NY District Office (9/20/00). 47 C.F.R. � 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. � 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. � 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. �1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations
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  • the construction permit, program tests may be conducted in accordance with Section 73.1620, provided that Station WVRT(FM), Channel 249A has been activated at Mill Hall, Pennsylvania, and has been granted program test authority. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Forever Broadcasting, LLC for Station WZRZ(FM), Mill Hall, Pennsylvania, IS MODIFIED to specify operation on Channel 254A at Pleasant Gap, Pennsylvania, subject to the following conditions: (a) Within 90 days of the effective date of
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  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • with Canada. If applicants do, they must provide Yes; otherwise, they must provide No. Item 26. For each location listed on the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then
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  • the contrary no later than 60 days after receipt of the specific description; The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as amended;
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  • file with the Commission a minor change application for construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. A filing window for Channel 286A at Sister Bay, Wisconsin, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of
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  • conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (c) Operation of Station KTHX-FM on Channel 261C1 in Dayton, Nevada, including program test operation pursuant to Section 73.1620, will not be commenced until such time as express authorization from the Commission has been granted. Such authorization will not be granted until a construction permit has been issued for Channel 295C at Incline Village, Nevada and
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  • carrier affiliates within 14 days of acquiring a new foreign carrier affiliation. (8) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (9) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
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  • public notice or Commission approval of the cable system's landing points 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
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  • the applicant has notified the Federal Aviation Administration, where necessary, as required by Part 17 and Section 25.113(c) of the Commission's rules; (5) the applicant has provided the environmental impact statement specified in Sections 1.1308 and 1.1311 of the Commission's rules, if the proposed operations will have a significant environmental impact as defined in the Commission's radiation hazard standards in Section1.1307 of the rules; (6) the applicant seeks to communicate only with Permitted List satellites, i.e., those previously authorized to provide service in the United States; and (7) the proposed station is otherwise consistent with the Commission's legal requirements. Under the streamlined procedure, routine C-band earth stations will be considered as granted 35 days from the date that an application appears
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  • the contrary no later than 60 days after receipt of the specific description; (7) The Commission reserves the right to require Licensees to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) Pursuant to Section 35 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Applicant to the contrary no later than 60 days after receipt 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
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  • located at Southport Business Park, Wight Moss Way, Off Town Lane, 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
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  • incorrectly, instead asserting that NHPA is triggered only by a federal undertaking located in a historic district, and not one located "near" a historic district. SCANA quotes from a Commission order discussing the Commission's antenna structure registration procedures, which states that applicants must respond "yes" to Question 28 when their proposed antenna site is in a sensitive location under Section 1.1307 of the Commission's rules. 28. The Commission has interpreted its obligations under NHPA to require an analysis of how a proposed tower construction will impact nearby historic sites. Section 1.1307(a)(4) of the Commission's rules provides in pertinent part that, "Commission actions with respect to the following types of facilities may significantly affect the environment and thus require the preparation of
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
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  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 13. IT IS FURTHER ORDERED, That the Commission's Office of Public Affairs, Reference Operations Division, shall send a copy of this Report and Order by Certified Mail, Return Receipt Requested, to the licensees/permittees, as follows: Imperial Media Association HC30 Box 157 McCook, NE 69001 AGM-Rocky Mountain Broadcasting I, L.L.C. Station KZYR 1400 Easton Road Bakersfield, CA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1147A1.txt
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and 2(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1238A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1238A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1238A1.txt
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, That pursuant to the authority contained in Section 316(a) of the Communications Act of 1934, as amended, that the license of Station KUEZ, Lufkin, Texas, IS MODIFIED to specify operation on Channel 261C2 subject to the following conditions: Nothing contained herein shall be construed as authorizing any change in License BLH-19901015KF
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • specifying the new facility. (b) Upon grant of the construction permit, Great Scott Broadcasting may not conduct program tests before Be-More Broadcasting receives a license for a new FM station at Exmore, Virginia. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 13. Pursuant to Commission Rule Sections 1.1404(1)(k) and (3)(m), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • a minor change application for construction permit (FCC Form 301), specifying the new facility. Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment and/or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license
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  • to any persons, unless the Commission shall give prior consent in writing; (6) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (7) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
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  • facility. Upon grant of the construction permit, program tests may be conducted in Accordance with Section 73.1620, provided that Channel 232A at Pana, Illinois, is activated and the station is on the air broadcasting. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 12. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Miller Communications, Inc. for Station WMKR(FM) at Taylorville, Illinois, New York, IS MODIFIED to specify operation on Channel 232A at Pana, Illinois, subject to the following conditions: Within 90 days of the effective date of
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 13. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • L.P., d/b/a Sprint PCS (Sprint PCS) has voluntarily removed a Personal Communications Service (PCS) tower that Sprint PCS had constructed on an Indian burial mound of the Iowa Tribe of Oklahoma (Iowa Tribe) in the state of Iowa. Sprint PCS constructed the PCS tower and later discovered that the tower site was on an Indian burial mound. Pursuant to section 1.1307 of the Commission's rules, a licensee, applicant or tower owner must prepare an Environmental Assessment (EA) with respect to the construction of facilities that may significantly affect the environment in any of several specified ways. Among the categories of facilities for which an EA is required are facilities that may affect districts, sites, buildings, structures or objects, that are listed
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  • a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 only if Channel 296A is activated at Corinth; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Station WFFG-FM is modified to specify operation on Channel 296A at Corinth, New York, subject to the following conditions: Within 90 days of the effective date of this Order, the licensee shall submit to the Commission
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  • C.F.R. � 1.903 - Authorization Required Chicago Equipment Company Inc, Carol Stream, IL. Chicago, IL District Office (5/4/01). City Services Cab, Inc., d.b.a.: Yellow Cab, Atlantic City, NJ. Other violation: 47 C.F.R. �� 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. � 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. �� 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 -
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 16. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • permit (FCC Form 301), specifying the new facility at its currently authorized site, (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. 7. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license for an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1741A1.txt
  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Iola Broadcasting, Inc. for Station KIKS(FM), Iola, Kansas, IS MODIFIED to specify operation on Channel 268A, subject to the following conditions: Nothing contained herein shall be construed as authorizing any change in License BLH19970203KA except for
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and 2(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As a
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  • C.F.R. � 101.1329. Section 101.1329 of the Commission's Rules permits EA licensees to construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the licensee complies with the Commission's Rules. The Commission will require individual licenses for any master station that (i) requires the submission of an environmental assessment under Section 1.1307; (ii) requires international coordination; or (iii) would affect the radio frequency quiet zones described in Section 1.924. See 47 C.F.R. � 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. �� 1.1305-1.1319. 47 C.F.R. � 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. Note that both
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1909A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1909A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1909A1.txt
  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and 2(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As a
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, That the Report and Order in this proceeding IS MODIFIED to the extent it allotted Channel 242C3 to Wickenburg, Arizona (RM-9951) as that community's third local FM transmission service for general application, and the Petition for Reconsideration filed by Circle S Broadcasting, Inc., seeking the substitution of Channel 242C3 for Channel
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  • application for a construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Americom Las Vegas Limited Partnership for station KRNO-FM, IS MODIFIED to specify operation on Channel 295C at Incline Village, Nevada, in lieu of Reno, Nevada, subject to the following conditions: (a) Within 90 days of
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  • do not trigger, environmental regulations. As a threshold matter, we disagree with Space Data's contention that its proposed use of airborne repeaters falls entirely outside the scope of environmental review under the Commission's NEPA rules. Space Data contends that these rules apply only to towers and other antenna facilities that are installed permanently at an environmentally sensitive site. However, Section 1.1307(a) states that environmental review is required of Commission action with respect to any facilities that may significantly affect the environment in one of eight specified ways. Although such review has traditionally focused on fixed facilities such as towers and other antenna structures, the term ``facilities'' is not on its face limited to these. Therefore, we believe that the Space Data
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Canada and Mexico; SDARS repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures; SDARS repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules; SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; This STA will expire on March 18, 2002 or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 19. Sirius is afforded fifteen days from the date of release of this STA to
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  • Canada and Mexico; SDARS repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures; SDARS repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules; SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; This STA will expire on March 18, 2002 or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 19. XM Radio is afforded fifteen days from the date of release of this STA
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 11. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • CONCLUSION 25. Upon independent review of the environmental assessment, and based on the entire administrative record, we conclude that the construction and operation of the facilities proposed by Maryland DBM and discussed herein, as conditioned in the Memorandum of Agreement, will have no significant effect on the human environment (47 C.F.R. � 1.1308(d)) within the meaning of NEPA and Section 1.1307 of the Commission's Rules, nor an adverse effect pursuant to NHPA. We further conclude that allowing Maryland DBM to construct a public safety tower in the Ellicott City, MD area would serve the public interest, convenience, and necessity. Accordingly, we grant the Maryland DBM application, and deny the petitions of Dr. Bright and Preservation Howard County. V. Ordering Clauses 26.
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Jumbo Thing, Inc. for Station WDMG-FM, Channel 258C1, Douglas, Georgia, IS MODIFIED to specify Willacoohee, Georgia, in lieu of Douglas, Georgia, as its community of license, subject to the following conditions: (a) Within 90 days
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission that it has completed coordination of the HPR with all affected WCS licensees. We seek comment on these options and any other alternatives for the deployment of HPRs after the 18-month period has expired. VI. Radio Frequency (RF) Safety In February 1997, the Commission adopted rules for Wireless Communications Services. In that Report and Order, the Commission modified Section 1.1307(b) of its rules to require applicants proposing to operate fixed terrestrial stations in the 2305-2320 MHz and 2345-2360 MHz frequency bands to perform routine environmental evaluations if their station's EIRP exceeds 1640 Watts. We now seek comment on modifying this Section of the Commission's rules to accommodate SDARS repeaters governed by Part 25, which will operate in the 2320-2345 MHz
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  • conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (c) Operation of Station KVST(FM) on Channel 279C in LA Porte, Texas, including program test operation pursuant to Section 73.1620, will not be commenced until a construction permit has been issued for Channel 259A at Willis, Texas, and activation of service has been initiated for Station KUST on Channel 259A at Willis. 10. IT IS FURTHER
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. . 6. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community license
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. For further information concerning a proceeding listed above, contact the FCC contact listed for that proceeding. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau See Report and Order in MM Docket No. 88-526 (``Change of Community R&O''), 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 14. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. IT IS FURTHER ORDERED, That pursuant to the authority contained in Section 316(a) of the Communications Act of 1934, as amended, that the authorization of Sutcliffe Communications, LLC, for Station KINZ(FM), Channel 232C3, Humboldt, Kansas, IS MODIFED to specify operation on Channel 237C3; that the authorization of Dierking Communications, Inc. for Station KNDY(FM), Channel 276C3,
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  • change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 13. IT IS FURTHER ORDERED, That the aforementioned Counterproposal filed by Enderlin Broadcasting Company IS DISMISSED. 14. IT IS FURTHER ORDERED, That the aforementioned Motion to Strike filed by Triad Broadcasting Co., L.L.C. IS DISMISSED. 15. Pursuant to Sections 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change of community of license of
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • six ATCS/PTC frequency pairs. The modified license shall expire on the expiration date of the earliest-to-expire existing license. As with other geographic area licenses, the licensee may locate, move, or modify its stations anywhere within its 140-mile wide geographic area without obtaining Commission consent, except that AAR must individually license any facility that requires an Environmental Assessment pursuant to Section 1.1307 of the Commission's Rules or international coordination, or would affect the radio frequency quiet zones described in Section 1.924 of the Commission's Rules. In addition, the requirement that any antenna structure that requires notification to the Federal Aviation Administration must be registered with the Commission prior to construction under Section 17.4 of the Commission's Rules continues to apply. Accordingly, IT
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620, provided that Channel 247C3 at Blair, Nebraska is activated and the station is on the air broadcasting. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 11. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. ommunications Act of 1934, as amended, that the license of Western Kentucky Radio, LLC, for Station WOKH(FM) at Bardstown, Kentucky, IS MODIFIED to specify operation on Channel 297A at Lebanon Junction, Kentucky, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Station KZIQ(FM), Ridgecrest, California, IS MODIFIED to specify operation on Channel 224A, in lieu of Channel 224B1, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall
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  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau After the initiation of the rule making, the license of Station WQBJ was transferred
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED That Patrick's minor change application for construction permit, File No. BPED-990514IE IS DISMISSED. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a
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  • Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620, provided that Channel 257C1 at Elma, Washington, is activated and the station is on the air broadcasting. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. ommunications Act of 1934, as amended, that the license Black Hills Broadcasting, L.P., for Station KAYO-FM, Aberdeen, Washington, IS MODIFIED to specify operation on Channel 257C1 at Elma, Washington, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application
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  • with Canada. If applicants do, they must provide Yes; otherwise, they must provide No. Item 26. For each location listed on the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then
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  • conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (c) Operation of Station WOTO on Channel 239A in Horn Lake, Mississippi, including program test operation pursuant to Section 73.1620, will not be commenced until a construction permit has been issued for Channel 266C1 at Olive Branch, Mississippi, and activation of service has been initiated for Station KJMS on Channel 266C1 at Olive Branch. 8. IT
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 upon activation of Channel 289C2 at Raymond, Washington; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 13. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Jodesha Broadcasting, Inc. for Station KJET(FM) Channel 289C2, South Bend, Washington, IS MODIFIED to specify operation on Channel 289C2 at Raymond, Washington, subject to the following conditions: (a) Within 90 days of the effective date
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  • (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 necessary because State Historic Preservation Officers (SHPOs) have differed widely in their interpretation of the scope of review of antenna collocations on
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301). Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Gibson County Broadcasting Company, Inc., for Station WTNE-FM, Trenton, Tennessee, IS MODIFIED to specify operation on Channel 249C3 in lieu of Channel 248C3, subject to the following conditions: Nothing contained herein shall be construed as authorizing
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  • Commission a minor change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Rules. 12. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community of license and/or
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • minor change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 11. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Chisholm Trail Broadcasting Co., Inc. for Station KXLS, Alva, Oklahoma, IS MODIFIED to specify operation on Channel 260C1 in lieu of Channel 259C1, subject to the following conditions: (a) Nothing contained herein shall be construed
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  • sixty (60) days after receipt of the specific description. See � 1.767(a)(5) of this section; (9) The Commission reserves the right to require the licensee to file an environmental assessment should it determine that the landing of the cable at the specific locations and construction of necessary cable landing stations may significantly affect 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)
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 31. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Capstar TX Limited Partnership for Station WRTR, Channel 288A, Tuscaloosa, Alabama, IS MODIFIED, to specify operation on Channel 290C3 at Brookwood, Alabama, subject to the following conditions: (a) Within 90 days of the effective date
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  • actions that may have a significant impact on the environment and require the preparation of an Environmental Assessment (EA), and the determination of environmental impacts for the construction of facilities where no preconstruction authorization from the Commission is required. Need: These rules implement the National Environmental Policy Act of 1969. Legal Basis: 42 U.S.C. �� 4321-4335. Section Number and Title: 1.1307(b) notes 1, 2, 3 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. Brief Description: These rules implement the Anti-Drug Abuse Act of 1988 to determine the eligibility for professional and commercial licenses issued by the Commission with respect to any denials of Federal
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the upgrade. As a result of this proceeding,
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license. As a result of this proceeding, Cumulus Licensing Corporation is
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • to the Commission a minor change application for a construction permit (Form 301) specifying the new facility, Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Sections 1.1404(1)(k) and (3)(m), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • sixty (60) days after receipt of the specific description. See � 1.767(a)(5) of this section; (9) The Commission reserves the right to require the licensee to file an environmental assessment should it determine that the landing of the cable at the specific locations and construction of necessary cable landing stations may significantly affect 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)
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community of license
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 14. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Renda Broadcasting Corp. of Nevada for Station WGNE-FM, Palatka, Florida, IS MODIFIED to specify operation on Channel 260C0 at Middleburg, Florida, subject to the following conditions: (a) Within 90 days of the effective date of
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  • of the NHPA (16 U.S.C. � 470f), federal agencies are required to take into account the effects of federal undertakings on historic properties. The Commission's environmental rules require licensees and applicants to evaluate whether proposed facilities may affect historic properties that are listed or eligible for listing in the National Register of Historic Places (``National Register''). See 47 C.F.R. � 1.1307(a)(4). Consistent with Section 106, this evaluation process includes consultation with the relevant State Historic Preservation Officer (SHPO) and/or Tribal Historic Preservation Officer (THPO), as well as compliance with other procedures set out in the ACHP rules, 36 C.F.R. Part 800, Subpart B. The Commission becomes directly involved in the consultation process when an applicant determines that a proposed facility will
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 16. IT IS FURTHER ORDERED, That the Commission's Office of Public Affair, Reference Operations Division, shall send a copy of this Report and Order by Certified Mail, Return Receipt Requested, to the following: KKDD-FM Broadcasters P.O. Box 2224 Greeley, CO 80632 Metropolitan Radio Group, Inc. 3801 Skillern Blvd. Flower Mound, TX 75208 17. Pursuant to Commission
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  • for a construction permit (Form 301), specifying the new facility at its currently authorized site; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • concerns, we ask that you use one of these methods, rather than mailing a letter through the U.S. Postal Service. If you have any questions, please call Don Johnson at (202) 418-7444. The TWG includes representatives from the Commission, ACHP, NCSHPO, various SHPOs/THPOs, Indian tribes, wireless and broadcast industry associations, carriers, tower companies and other interested parties. 47 C.F.R. � 1.1307(a)(4). 36 U.S.C. � 470(f); 36 C.F.R. Part 800; see also Memorandum from John M. Fowler, Executive Director, Advisory Council on Historic Preservation, to Federal Communications Commission, State Historic Preservation Officers, and Tribal Historic Preservation Officers, dated September 21, 2000. We note that many collocations have been exempted from Section 106 review pursuant to an existing programmatic agreement. See Wireless Telecommunications
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  • minor change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. A filing window for the Channel 265A allotment at Buttonwillow, California, will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent Order. 11. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 12. For further information concerning this proceeding, contact
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  • Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). See 47 C.F.R. � 1.1310, Table 1. 47 C.F.R. � 1.1310, Note 1 to Table 1. 47 C.F.R. � 1.1310, Note 2 to Table 1. Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. � 1.1307(b)(4). Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. � 1.1307(b)(5). See also Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the upgrade. As a result of this proceeding,
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  • and resolve each EA in accordance with the Commission's rules. II. BACKGROUND Under Part 17 of the Commission's rules, all antenna structures of more than 200 feet in height or within the flight path of an airport must be registered with the Commission prior to construction. If the antenna structure may have a significant environmental effect, as defined by Section 1.1307 of the Commission's rules, the applicant must file an EA as part of its registration application. Several companies filed a total of 40 applications to register antenna structures in accordance with Section 17.4(c) of the Commission's rules. In accordance with our usual practice, the applications were collected and placed on weekly public notices as accepted for filing. FoE and Forest
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (a) Nothing contained herein shall be construed as authorizing any change in Station WRLV-FM's license, BLH-20010307AAI, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1077A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1077A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1077A1.txt
  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, That the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to Laramie Mountain Broadcasters, L.L.C., 6807 Foxglove Drive, Cheyenne, WY 82009. 11. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Duran-Hill, Inc, for Station KNUW(FM) (File No. BLH-19960625KB), Santa Clara, New Mexico, IS MODIFIED to specify operation on Channel 236C1 in lieu of Channel 237C1, subject to the following conditions: (a) Nothing contained herein shall
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  • tests may not be conducted by Station WGRL(FM) at Fishers in accordance with Section 73.1620 of the rules until Station WGLD(FM) has commenced operation at Noblesville in accordance with Section 73.1620 of the rules. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change of community. As a result of
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  • of this Order, the licensees shall submit to the Commission minor change applications for construction permits (Form 301). Upon grant of the construction permits, program tests may be conducted in accordance with Section 73.1620. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules No construction is to commence for any of the changes approved in this Order until finality has occurred in MM Docket 98-112. Operating authority for Station WLXY(FM), Channel 263C1 at Helena, Alabama, may not be granted until operations have commenced by Station WTUG(FM), Channel 225C1 at Northport, Alabama. Operating authority for Station WODL(FM), Channel 247C2 at
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended 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
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Operation of Station KDEP(FM) on Channel 288A at Garibaldi, Oregon, including program test operation pursuant to Section 73.1620, will not be permitted until Station KPPT(FM) activates service on Channel 264C2 at Depoe Bay, Oregon. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television
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  • the transmitter will be turned off. We grant DBAC authority to use the 0.75 meter home terminals, provided that DBAC meets several conditions. Specifically, DBAC must ensure that the antenna does not create the potential for exposure of persons who may be within its immediate vicinity to radiofrequency radiation in excess of FCC safety guidelines defined in 47 C.F.R. �� 1.1307(b)(1) and 1.1310. DBAC must take precautions to ensure compliance with FCC guidelines for exposure to RF radiation, including use of a warning label on the transmitting antennas, and a radome or an automatic shut off system. Only technically trained professionals shall install the antennas, which they shall place only at locations that are not readily accessible. Compliance with Other Technical
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1526A1_Erratum.doc
  • the transmitter will be turned off. We grant DBAC authority to use the 0.75 meter home terminals, provided that DBAC meets several conditions. Specifically, DBAC must ensure that the antenna does not create the potential for exposure of persons who may be within its immediate vicinity to radiofrequency radiation in excess of FCC safety guidelines defined in 47 C.F.R. �� 1.1307(b)(1) and 1.1310. DBAC must take precautions to ensure compliance with FCC guidelines for exposure to RF radiation, including use of a warning label on the transmitting antennas, and a radome or an automatic shut off system. Only technically trained professionals shall install the antennas, which they shall place only at locations that are not readily accessible. Compliance with Other Technical
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Chief, Commercial Wireless Division: I. INTRODUCTION 1. In this Order, we grant an Application for Wireless Radio Station Authorization (application) filed by the County of Albemarle (Albemarle) for a proposed 800 MHz public safety facility on Peter's Mountain, Albemarle County, Virginia, FCC File No. 0000986878. Because the proposed construction falls within a category of potential significant environmental impact under Sec. 1.1307 of the Federal Communications Commission (Commission) rules, Albemarle filed an Environmental Assessment (EA) with the application, pursuant to Sections 1.1308 and 1.1311 of the Commission's rules. The National Trust for Historic Preservation (Trust) and the Piedmont Environmental Council (PEC) sent to the Deputy Chief of the Commercial Wireless Division (Division) objections, both contending that the EA is insufficient to establish
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Com mission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Operating authority for Station WQNQ(FM), Channel 282A at Fletcher, North Carolina, may not be granted until operations have commenced by Station WKSF(FM) at Old Fort, North Carolina. ommunications Act of 1934, as amended, that the license of Capstar TX Limited Partnership, for Station WKSF(FM), Asheville, North Carolina, IS MODIFIED to specify operation on Channel 260C at
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
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  • Com mission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, That pursuant to section 316(a) of the Communications Act , of 1934, as amended, that the authorization of Entertronics, Inc, for Station WCQL, Channel 240A, Glens Falls, New York, IS MODIFIED to specify operation on Channel 240A at Queensbury, New York, subject to the following conditions: (a) Within 90 Days of
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 12. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED THAT, the licensee shall indicate on its minor change application for a construction permit (Form 301) the following: 1) WHNS(TV) will continue to provide City Grade coverage to Asheville; and, 2) WHNS(TV) will continue its legal and public interest obligations to Ashville residents. These conditions will be noted on the license
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  • Com mission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. : 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2715A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2715A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2715A1.txt
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That pursuant to section 316(a) of the Communications Act , of 1934, as amended, that the authorization of Cumulus Licensing Corp., for Station WEAS, Channel 226C1, Savannah, Georgia, IS MODIFIED to specify operation on Channel 226C1 at Springfield, Georgia, subject to the following conditions: (a) Within 90 Days of the effective
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Robert Hayne, Media Bureau, (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Washington and Watkinsville, Georgia, 16 FCC Rcd 17876 (MM Bur. 2001). 90 FCC 2d 88 (1982). The FM allotment priorities
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That pursuant to section 316(a) of the Communications Act , of 1934, as amended, that the authorization of Entercom Wilkes-Barre Scranton, LLC, for Station WKRZ, Channel 253B, Wilkes-Barre, Pennsylvania, IS MODIFIED to specify operation on Channel 253B at Freeland, Pennsylvania, subject to the following conditions: (a) Within 90 Days of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2892A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2892A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2892A1.txt
  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Robert Hayne, Media Bureau, (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Mason and Fredericksburg, Texas, 18 FCC Rcd 449 (Med. Bur. 2003). See Modification of FM and TV Authorizations to Specify
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  • specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1260 of the Commission's Rules upon activation of Channel 241B at Exmore, Virginia. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 24. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Sinclair Telecable, Inc., d/b/a/ Sinclair Communications, for Station WROX-FM, Cape Charles, Virginia, IS MODIFIED to specify operation on Channel 241B at Exmore, Virginia, subject to the following conditions: (a) Within 90 days of the effective
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change of community of license of an FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As a result
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  • opposition to Lake Cedar's modified tower. CARE argues that operation of the Stations' analog and DTV facilities from the modified tower would not comply with the following Commission Rules: (1) protection of the radio receiving zone at Table Mountain, Boulder County, Colorado (Section 73.1030(b)); (2) compliance with the radiofrequency radiation exposure limits (Section 1.1310); (3) protection of historic sites (Section 1.1307(a)(4)); and (4) protection of Indian religious sites (Section 1.1307(a)(5)). Commission staff recently concluded that the Lake Cedar modified tower would comply with the Table Mountain protection requirements set forth in Section 73.1030(b) of the Rules. CARE apparently does not attempt to argue that the Lake Cedar proposal fails to comply with our radiofrequency exposure rules, but rather complains that RF
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing . 13. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3748A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3748A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3748A1.txt
  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 11. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of MB Media Group, Inc. for Station KXFF(FM), Cedar City, Utah, IS MODIFIED to specify operation on Channel 221C at Cedar City, Utah, subject to the
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  • presented concerns about impacts to property values and environmental issues to these local governmental bodies. On May 10, Mr. Kane, on behalf of more than 300 petitioners, filed a petition with the Commission requesting an order to require the preparation of an EA or environmental impact statement (``EIS'') for the Pierce Archery site in accordance with the Commission's rules section 1.1307(c). On June 6, 2002, the City of North Ridgeville issued an 18-month Project Permit to VoiceStream for the construction of a communications tower at 8067 Maddock Road. As the foundation was being laid, Mr. Kane notified the Commercial Wireless Division (``CWD'') that T-Mobile had begun work before the petition for EA had been addressed. The Division instructed VoiceStream on June
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application
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  • tests may not be conducted by Station WXQW(FM) at Gurley until Station WLAY-FM has commenced operation at Meridianville and Station WZBQ(FM) has commenced operation at Carrollton in accordance with Section 73.1620 of the rules. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules unless the proposed facilities are categorically excluded from environmental processing. No construction is to commence for any of the changes approved in this Order until finality has occurred in MM Docket 98-112. Operating authority for Station WLAY-FM, Channel 262C2 at Meridianville may not be granted until operations have commenced by Station WWWQ(FM), Channel 263C at College
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  • � 800.5 The Report at 12-13. Id. At 6-7. Application of Scana Communications, Inc., 16 FCC Rcd. 9990, 9995 � 11 (2001). See also 36 C.F.R. � 800.5 (d)(1) and 36 C.F.R. � 800.5(d)(2) (mitigation required with respect to adverse effect findings only). See 47 C.F.R. �� 1.1306(a) (actions that do not have a potential significant environmental effect under Section 1.1307 are categorically excluded from environmental processing), 1.1307(a) (a licensee or applicant is required to submit an Environmental Assessment when construction ``may significantly affect the environment''); see also Fact Sheet Regarding the March 16, 2001 Antenna Collocation Programmatic Agreement, 17 FCC Rcd. 508, 519-520 (Mass Media Bur. and Wireless Tel. Bur. 2002) (an Environmental Assessment is not required when a SHPO
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 14. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Voice of Cullman, LLC for Station WFMH-FM, Channel 238A, Holly Pond, Alabama, IS MODIFIED, to specify operation on Channel 238A at Hackleburg, Alabama, subject to
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  • for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted by Station KTCL in accordance with Section 73.1620 of the Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules unless the proposed facilities are categorically excluded from environmental processing. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing
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  • Upon grant of the construction permit, program tests may not be conducted by Station KOBT at Lumberton until Station KLTO has commenced operation at Winnie in accordance with Section 73.1620 of the Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules unless the proposed facilities are categorically excluded from environmental processing. 9. IT IS FURTHER ORDERED, That the petition filed by Charles Crawford IS DISMISSED. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment,
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  • for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted by Station KTCL in accordance with Section 73.1620 of the Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 6. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the authorization of MainQuad Braodcasting, Inc. for Station WZAX(FM), Channel 259A, Nashville, North Carolina, IS MODIFIED to specify operation on Channel 257A in lieu of Channel 259A
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 12. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change of community of license of an FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • or discontinue operations. Coordination Requirements AMTS geographic area licensees may place stations anywhere within their service areas to serve vessels or units on land, so long as incumbent operations are protected, marine-originating traffic is given priority and certain major waterways are served. However, geographic area licensees must individually license any base station that requires an Environmental Assessment pursuant to Section 1.1307 of the Commission's Rules or international coordination, or would affect the radio frequency quiet zones described in Section 80.21 of the Commission's rules, or would require broadcaster notification and an engineering study described in Section 80.215(h). For instance, AMTS applicants proposing to locate a transmitter (1) within 169 kilometers (105 miles) of a Channel 13 television station, (2) within 105
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 25. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Salem Media of Oregon, Inc. for Station KPDQ-FM, Channel 229C, Portland, Oregon, IS MODIFIED, to specify operation on Channel 230C, subject to the following conditions:
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 5. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its
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  • the Canadian and Mexican borders. No stations are allowed within 5 miles of the borders. � 101.1425 RF safety. MVDDS stations in the 12.2-12.7 GHz frequency band do not operate with output powers that equal or exceed 1640 watts EIRP and therefore will not be subject to the routine environmental evaluation rules for radiation hazards, as set forth in � 1.1307 of this chapter. � 101.1427 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. � 101.1429 Designated entities. (a) Eligibility for small business
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  • (b) Upon grant of the construction permit, program tests may not be conducted in accordance with Section 73.1620 of the Commission's rules until Station KNYN commences operation on Channel 255C3 at Franklin, Idaho; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 12. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of M. Kent Frandsen for Station KNYN, Channel 256C1, Fort Bridger, Wyoming, IS MODIFIED, to specify operation on Channel 255C3 at Franklin, Idaho, subject to the
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 14. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the authorization of Tracy Broadcasting Corporation for Station KMOR(FM), Channel 225C, Scottsbluff, Nebraska, IS MODIFIED to specify operation on Channel 225C2 at Warren AFB, Wyoming in lieu
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  • facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing ; (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Sections 1.1104(1)(k) and (3)(m) of the Commission's rules, any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community license and/or
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing 11. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its
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  • the NHPA, that the proposed construction will have no adverse effect on historic properties. Upon an independent review of the EA, and based on the entire administrative record, we conclude that the construction and operation of the facility proposed by the State discussed herein will have no significant effect on the human environment within the meaning of NEPA and Section 1.1307 of the Commission's rules. We further conclude that allowing the State to construct a tower needed for public safety radio communications on Lamb's Knoll, South Mountain, Maryland, would serve the public interest, convenience, and necessity. Accordingly, we grant the State's application. We grant the request to withdraw the comments and May 27, 2004 letter filed by NPS. We deny the
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 26. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Salem Media of Oregon, Inc. for Station KPDQ-FM, Channel 230C, Portland, Oregon, IS MODIFIED, to specify operation on Channel 230C2, subject to the following conditions:
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 7. Pursuant to Sections 1.1104(1)(k and (3)(l) of the Commission's Rules, any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when
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  • licensees shall submit to the Commission minor change applications for construction permits (Form 301). Upon grant of the construction permits, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As
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  • Upon grant of the construction permit, program tests may not be conducted by Station WCXT at Coopersville until Station WWKR has commenced operation at Hart in accordance with Section 73.1620 of the Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules unless the proposed facilities are categorically excluded from environmental processing. (d) Operating authority for Station WCXT, Channel 287B at Coopersville may not be granted until operations have commenced by Station WWKR, Channel 231C3, at Hart, Michigan. 9. IT IS FURTHER ORDERED, That the counterproposal filed by Fort Bend Broadcasting Company IS DISMISSED. 10. Pursuant to Commission
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change
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  • Statement''). 47 U.S.C. � 503(b)(2)(D). 47 C.F.R. � 11.35(b). See Response, at Exhibit 3: Declaration of Michael Schutta, General Manager. According to the Declaration of Michael Schutta, the EAS equipment was taken out of operation on October 27, 2002, and re-installed on December 4, 2002. Id. at 2-3. Id.at 2. Pittman's statement concerning natural barriers goes to compliance with Section 1.1307 of the Rules which is not at issue here. See 47 C.F.R. � 1.1307 (actions requiring environmental assessments). Section 312(f)(1) of the Act, 47 U.S.C. � 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • initially argued that the proposed facilities did not comply with the RF limits for public/uncontrolled exposure or occupational/controlled exposure, but failed to respond to the arguments made by NBC in its sur-reply. It is unclear whether Young has withdrawn this argument. In any event, we have considered NBC's applications, and Young's arguments, and conclude that NBC has complied with Section 1.1307 with respect to RF exposure. For example, in its analysis, NBC use the Individual Location Longley-Rice (ILLR) methodology in OET Bulletin No. 72, which, unlike OET Bulletin No. 69, requires analysis beyond a station's predicted Grade B contour. OET Bulletin No. 72, however, is used to predict television field strengths in connection with implementation of the Satellite Home Viewer Act.
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  • infeasible and unavailable. Specifically, AAA Entertainment alleges that the available area for a fully-spaced reference site is in environmentally-sensitive areas, where construction of a tower would be forbidden by local land use regulation and may have an adverse environmental impact. AAA Entertainment states that the proposed allotment site at Montauk is subject to a full environmental assessment pursuant to Section 1.1307(a)(4) of the Commission's Rules because of its proximity to the Montauk Point Lighthouse, which is 207 years old and listed in the National Register of Historic Places, No. 69000142. AAA Entertainment submitted a letter from the president of Concerned Citizens of Montauk, Inc. which stated that local citizens are against the tower construction. AAA Entertainment contends that this showing is
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. (a) Within 90 days of the effective date of the Order, the licensee of FM Station KKRY shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 10. The window period for filing applications for Channel 272C2 at Crawford, Colorado will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order. 11. IT IS ORDERED, That the Petition
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  • Mexico; (e) SDARS repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures; (f) SDARS repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules; (g) SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; (h) This STA will expire after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. XM Radio and Sirius are afforded fifteen days from the date of release of
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  • ("CEQ")19 and the Commission's environmental rules.20 Finally, Forest/ABC challenge the Commission's environmental rules and (...continued from previous page) 4 47 C.F.R. � 17.4. 5 See Memorandum of Agreement among Spectrum and Competition Policy Division, the Ohio Dept of Historical Resources, and the State of Ohio Department of Administrative Services, December 2003. 6 16 U.S.C. � 470f. 7 47 C.F.R. � 1.1307(a)(4). 8 36 C.F.R. Part 800. 9 Public Notice, Application for Antenna Structure Registration Accepted for Filing, dated January 13, 2004. 10 Opposition to Petition to Deny, filed by the State, dated March 5, 2004. The State and Forest/ABC had previously agreed to an extension of time. 11 Forest/ABC Reply to Opposition, dated March 18, 2004. 12 47 C.F.R. � 1.1204.
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  • application for a construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Rules, unless the proposed facilities are categorically excluded from environmental processing. 15. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Community Wireless of Park City, Inc. for Station KCUA, Channel 223C3, Coalville, Utah, IS MODIFIED to specify operation on Channel 223C2 at Naples, Utah, subject to
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  • new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. 11. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community of license
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 7. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change of community of license of an FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • Upon grant of the construction permit, program tests may not be conducted in accordance with Section 73.1620 of the Commission's rules until Station WJRL commences operation on Channel 280C3 at Fort Rucker, Alabama; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 6. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Styles Broadcasting of Dothan, Inc. for Station WJRL, Channel 280C3, Ozark, Alabama, IS MODIFIED, to specify operation on Fort Rucker, Alabama, as its community of
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  • new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. 6. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community of license
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11.. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Staton Broadcasting, Inc., for Station WQXZ(FM), Cordele, Georgia, IS MODIFIED to specify operation on Channel 252A at Pinehurst, Georgia, subject to the following conditions: (a) Within 90 days of the effective date of this Order,
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  • new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. 7. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing the application to implement the change in community of license
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F. R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. The window period for filing applications for Channel 269A at Portola, California and Channel 262A at Susanville, California will not be opened at this time. Instead, the issue of opening these allotments for auction will be addressed by the Commission in a subsequent order. 11. IT IS FURTHER ORDERED,
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  • 13590 (2003). ATC Report and Order at �� 2, 20-45, and 210-11. ATC Report and Order at �� 239-41. Id. at �240. Id. at �245. An individual, site-specific license must be obtained for a proposed ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; also see 47 C.F.R. �� 1.1307, 17.4, and 17.7. Equipment authorization must be obtained for ATC user terminals pursuant to the test-based certification procedure specified in Part 2, Subpart J of the Commission's rules before such devices are marketed in the United States or imported for sale or lease in the United States. 47 C.F.R. � 25.149(c)(1) and (2). Also see 47 C.F.R. �� 2.803, 2.901
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  • contain any specific factual allegations regarding how the three modification application fail to meet NEPA requirements. See Area Christian Television, Inc., 60 RR 2d 862, 864 (1986). Second, with respect to CARE's argument regarding RFR exposure, we have evaluated each of the subject proposals and find that each complies with the Commission's current RFR exposure rules. See 47 C.F.R. �� 1.1307(b), 1.1311. Finally, with respect to CARE's NHPA-based objection regarding the effects of the towers on the historic Lariat Trail and the National Register-listed Buffalo Bill's Grave and Museum and the Pahaska Teepee, we believe that the instant proposals do implicate the NHPA. We are unaware of any current authority supporting the contention that the replacement of an existing structure is
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 12. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Great Northern Radio, LLC for Station WBEC-FM, Pittsfield, Massachusetts, IS MODIFIED to specify operation on Channel 288A at Easthampton, Massachusetts, subject to the following conditions: (a) Within 90 days of the effective date of this
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  • 101.1329 of the Commission's Rules permits EA licensees to construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the licensee complies with the Commission's Rules. The Commission, however, will require prior approval of individual licenses for any master station that (i) requires the submission of an environmental assessment under Section 1.1307; (ii) requires international coordination; or (iii) would affect the radio frequency quiet zones described in Section 1.924. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1305-1.1319. Auction No. 59 Comment Public Notice, DA 04-3198. 47 C.F.R. � 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. 47 C.F.R.
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED that the Joint Petition for Rule Making filed by Crossroads Investments, LLC and Mid-America Radio of Indiana, Inc., IS GRANTED. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. For further information contact Victoria M. McCauley, Media Bureau (202) 418-2180. FEDERAL COMMUNICATIONS
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when
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  • for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted by Station KTCL in accordance with Section 73.1620 of the Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules unless the proposed facilities are categorically excluded from environmental processing. 9. IT IS FURTHER ORDERED, That the counterproposal filed by Meadowlark Group, Inc. IS DISMISSED. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM
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  • licensees shall submit to the Commission minor change applications for construction permits (Form 301). Upon grant of the construction permits, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules. Northing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 16. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-911A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-911A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-911A1.txt
  • change application for construction permit (FCC Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. 10. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Prescott Radio Partners for Station KFPB, Chino Valley, Arizona, IS MODIFIED to specify operation on Channel 232C3 in lieu of Channel 280C3, subject to the following conditions: (a) Within 90 days of the effective date
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  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-971A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-971A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-971A1.txt
  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 13. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Linda C. Potyka for Station KRXS-FM, Globe, Arizona, IS MODIFIED to specify operation on Channel 231C2 in lieu of Channel 247C2, subject to the following
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  • for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted by Station KTCL in accordance with Section 73.1620 of the Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 15. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • or discontinue operations. Coordination Requirements AMTS geographic area licensees may place stations anywhere within their service areas to serve vessels or units on land, so long as incumbent operations are protected, marine-originating traffic is given priority and certain major waterways are served. However, geographic area licensees must individually license any base station that requires an Environmental Assessment pursuant to Section 1.1307 of the Commission's Rules or international coordination, or would affect the radio frequency quiet zones described in Section 80.21 of the Commission's rules, or would require broadcaster notification and an engineering study described in Section 80.215(h). For instance, AMTS applicants proposing to locate a transmitter (1) within 169 kilometers (105 miles) of a Channel 13 television station, (2) within 105
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  • Under the new rules, BRS and EBS licensees may modify or add to their facilities without Commission approval so long as the facilities comply with the Commission's new technical rules. The only instances in which compliant facilities would require prior application to the Commission are: (1) international agreements require coordination; (2) submission of an Environmental Assessment is required under Section 1.1307 of the Commission's Rules; or (3) the station would affect the radio quiet zones under � 1.924 of the Commission's Rules. In the BRS/EBS R&O & FNPRM, the Commission directed WTB to ``dismiss all pending applications to modify MDS or ITFS stations, except for modifications that could change an applicant's PSA [protected service area] or applications for facilities that would
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  • (b) Upon grant of the construction permit, program tests may not be conducted in accordance with 47 C.F.R. Section 73.1620 until Station WTCJ-FM is operating on Channel 289A at Cannelton; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Hancock Communications, Inc. for Station WTCJ-FM, Tell City, Indiana, IS MODIFIED to specify operation on Channel 289A at Cannelton, Indiana, subject to the following conditions: (a) Within 90 days of the effective date of this
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 6. A filing window period for Channel 225C3 for Clatskanie, Oregon will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order. 7. IT IS FURTHER ORDERED, That, the aforementioned proceeding IS TERMINATED. For further
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  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) the authorization of Pacific Broadcasting of Missouri LLC, licensee of Station KTKY(FM), Taft, Texas, IS MODIFIED, subject to the following condition: Operation of Station KTKY(FM) on Channel 293C2 in Taft, Texas, including program test operation
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section
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  • the procedures set forth in paragraphs 14 and 17 of the XM Radio 2001 STA Order to protect operational WCS stations. In addition, SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP. Also, XM Radio's SDARS repeaters shall comply with the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules. In particular, XM Radio must make a routine environmental evaluation for each site to ensure compliance with the Maximum Permissible Exposure limits. Any actions taken as a result of this STA are solely at XM Radio's own risk, and this STA shall not prejudice the outcome of the final rules adopted by the Commission
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Clear Channel Broadcasting Licenses, Inc., licensee of Station WBVV, is required to submit a rule making fee in addition to the fee required for the application to effectuate the changes specified above. 9. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail Return
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  • change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Radio Lake Placid, Inc. for Station WRGR(FM), Tupper Lake, New York, IS MODIFIED to specify operation on Channel 271C3 at Tupper Lake, New York, subject to the following conditions: (a) Within 90 days of the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 14. Capstar TX Limited Partnership, licensee of Station WRSN-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 15. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail Return Receipt
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, LSM Radio Partners LLC, licensee of Station WWWK(FM), Channel 288C2, Marathon, Florida, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station WWWK(FM)
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2017A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2017A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2017A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section
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  • cause for needing six weeks to file its reply, we will consider this pleading as part of our consideration of the Voice application. Substantive Issues. In its Informal Objection, Duke argues that the proposed WCVO(FM) antenna site location was ``proximate to historic properties'' and could not be processed further in the absence of an Environmental Assessment (``EA'') pursuant to Section 1.1307 of the Commission's rules. Duke also argues that Voice had an obligation under Section 1.65 of the Commission's rules to submit an EA within 30 days of the Commission's release of a Report and Order implementing the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (``NPA''). Duke states that this alleged violation of Section 1.65
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  • to the following conditions: Within 45 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 340), specifying the new facility; Nothing contained herein shall be construed as a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 18. IT IS FURTHER ORDERED, That the Commission will send a copy of this Order in a report to be sent to Congress and the Government Accountability Office (GAO) pursuant to the Congressional Review Act. 19. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 20. The Commission has determined that the relevant provisions of the
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  • 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended 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
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 18. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the authorization of First Broadcasting Capital Partners, LLC for Station WAXZ(FM), Channel 249A, Georgetown, Ohio, IS MODIFIED to specify operation on Channel 249A at Salt Lick, Kentucky, subject to the following conditions: (a) Within 90 days of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2211A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2211A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2211A1.txt
  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change of community of license of an FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2217A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2217A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2217A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 13. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Jacobs Broadcast Group, Inc., licensee of FM Station WTDR, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for FM Station WTDR, Channel 224A, from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2303A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2303A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2303A1.txt
  • a Charlotte, Michigan station pursuant to grant of an application implementing MB Docket No. 05-35 to change the community of license of FM Station WJXQ from Jackson to Charlotte, Michigan; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 12. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Rubber City Radio Group, licensee of FM Station WQTX, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for FM Station WQTX, Channel 225A, from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2504A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2504A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2504A1.txt
  • of operations by Station WQQR(FM) as a Clinton, Kentucky station pursuant to grant of an application to change the community of license of Station WQQR(FM) from Mayfield to Clinton, Kentucky; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Bristol Broadcasting Company, Inc. for Station WQQR(FM), Mayfield, Kentucky, IS MODIFIED to specify operation on Channel 234C2 at Clinton, Kentucky, subject to the following conditions: (a) Within 90 days of the effective date of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2635A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Citicasters Licenses, L.P., licensee of Station KSNR(FM), is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station KSNR(FM), Channel 262C1, from Thief River Falls, Minnesota, to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2659A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2659A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2659A1.txt
  • for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may not be conducted in accordance with 47 C.F.R. Section 73.1620; and. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Ad Astra per Aspera Broadcasting, Inc., licensee of Station KSKU(FM), is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license to Haven, Kansas, at the time
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2692A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2692A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2692A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(3)(l), Meadows Media, LLC, licensee of FM Station KLVF, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for FM Station KLVF at the time its Form 301
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2696A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2696A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2696A1.txt
  • minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), The Stair Company, licensee of Station WCTU(FM), is required to submit a rule making fee in addition to the fee required for the application to effectuate the upgrade and change in community of license for Station WCTU(FM) at the time its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2716A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2716A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2716A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 14. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Vernal Enterprises, Inc., licensee of Station WHPA(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 15. IT IS FURTHER ORDERED, That the Secretary of the
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  • is unnecessary to decide the merits of Cingular's Motion to Rescind the Division's September 2, 2003 letter initiating a Section 106 review de novo on the tower. Therefore, we dismiss the Motion as moot. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 303(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 303(a), and Section 1.1307(a)(4) of the Commission's Rules, 47 C.F.R. � 1.1307(a)(4), Section 106 of the National Historic Preservation Act (``NHPA''), 16 U.S.C. � 470f, and the rules of the Advisory Council on Historic Preservation, 36 C.F.R. �� 800.1 et seq., that the Division FINDS that the Section 106 Review Process is complete and that the tower constructed by Cingular Wireless, LLC has no
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2848A1_Erratum.doc
  • is unnecessary to decide the merits of Cingular's Motion to Rescind the Division's September 2, 2003 letter initiating a Section 106 review de novo on the tower. Therefore, we dismiss the Motion as moot. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED, pursuant to Section 303(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 303(a), and Section 1.1307(a)(4) of the Commission's Rules, 47 C.F.R. � 1.1307(a)(4), Section 106 of the National Historic Preservation Act (``NHPA''), 16 U.S.C. � 470f, and the rules of the Advisory Council on Historic Preservation, 36 C.F.R. �� 800.1 et seq., that the Division FINDS that the Section 106 Review Process is complete and that the tower constructed by Cingular Wireless, LLC has no
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  • proposed FSS earth station seeks to communicate in these bands. Since Vyvx did not provide this information, we are dismissing this application as defective. Moreover, because Vyvx responded yes to question 28 of the 312 Main Form, which asks whether a Commission grant of any proposal in this application would have a significant environmental impact as defined by 47 C.F.R. �1.1307, its application should also include an Environmental Assessment, as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1311. .F.R. �25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. �0.261, we dismiss this application as defective without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Press Communications, LLC, licensee of Station WKOE(FM), is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station WKOE(FM), Channel 292A, from Ocean City, New Jersey, to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2944A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2944A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2944A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Southeastern Ohio Broadcasting System. Inc. licensee of Station WHIZ-FM, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station WHIZ-FM at the time its Form 301
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F. R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3011A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3011A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3011A1.txt
  • change application for construction permit (Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 7. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of KDAA-KMOZ, LLC for Station KDAA, Channel 248A, Rolla, Missouri, IS MODIFIED to specify operation on Channel 276A, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 23. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the authorization of Blue Chip Broadcasting Licenses II, Ltd. for FM Station WIZF, Channel 265A, Erlanger, Kentucky, IS MODIFIED to specify operation on Channel 266A at Erlanger, Kentucky, subject to the following conditions: (a) Within 90 days
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3059A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3059A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3059A1.txt
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and 3(l), JBD, Incorporated is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change of community of license for Station WXJB(FM) at the time its Form 301 application is submitted. The Commission will send
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  • BY STOKES ENVIRONMENTAL SERVICES REGARDING ENVIRONMENTAL ASSESSMENTS FOR PROPOSED FACILITIES IN WETLANDS (WTB Docket No. 05-44) Comment Date: March 7, 2005 Reply Date: March 22, 2005 In this Public Notice, the Spectrum and Competition Policy Division (``Division'') of the Wireless Telecommunications Bureau seeks comment on a Petition for Declaratory Ruling (``Petition''), filed by Stokes Environmental Services, Ltd. (``Stokes'') regarding Section 1.1307(a)(7) of the Commission's rules. The Commission's rules implementing the National Environmental Policy Act (``NEPA'') and other federal environmental statutes require an applicant to file an environmental assessment (EA) when a proposed facility (e.g., tower) will involve a significant change in surface features (e.g., wetland fill). In its Petition, Stokes indicates that when an applicant proposes a facility to be located
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-313A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-313A2.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit STOKES ENVIRONMENTAL ASSOCIATES, LTD 28 May 2004 J effrey Steinberg Deputy Chief, Policy Division Wireless Telecommunications Bureau Federal Communications Commission 44512th Street, Southwest Washington, DC 20554 Dear Mr. Steinberg: This is to request a declaratory ruling on the question of whether an Environmental Assessment is required under 47 CFR 1.1307 when a proposed project will result in wetland impacts; and such impacts have been reviewed, approved and perIIlitted by the U.S. Anny Corps of Engineers (Corps) or their designated permitting agency (minor projects are often delegated to state environmental agencies with oversight by the Corps). ; The declaratory ruling' is forpi~j ects where the reView'ofquestions'tnider4 7 CFR 1.1307 finds no
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3208A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3208A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3208A1.txt
  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of CXR Holdings, Inc. for Station WALR-FM, Channel 281C1, LaGrange, Georgia, IS MODIFIED to specify operation on Channel 281C1 at Greenville, Georgia, subject to the following
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3210A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3210A1.txt
  • change application for a construction permit on Form 301, specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 7. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Victoria RadioWorks, Ltd., licensee of Station KEPG(FM), is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the upgrade for Station KEPG(FM) at the time its Form 301 application is submitted. 8. IT IS FURTHER
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3215A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3215A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3215A1.txt
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 11.1104(1)(k) and (3)(l), Renda Broadcasting Corporation of Nevada, licensee of Station WSOS-FM, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change in community of license for Station WSOS-FM at the time its Form
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-33A1.txt
  • change application for a construction permit on Form 301, specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 5. Pursuant to 47 C.F.R. Sections 1.1104 (1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-34A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-34A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-34A1.txt
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-44A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-489A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-489A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-489A1.txt
  • Commission's registering of a tower under Part 17 of the Commission's rules is merely a ministerial act and does not create a federal undertaking under the NHPA. 5. Following the October 4, 2004 execution by the Commission, ACHP and NCSHPO of a Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (``NPA''), the Commission amended Section 1.1307(a)(4) of the Commission's rules to provide that applicants must comply with the ACHP rules, as modified by the NPA and the Collocation Agreement. In doing so, the Commission considered the arguments of Sprint and others that the construction of a communications tower is not an undertaking for purposes of the NHPA where licensees receive ``blanket'' authorization to operate within a
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-686A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-686A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-686A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. (d) Operation of FM Station KAGM on Channel 272A at Greenwood Village, Colorado, including program test operation pursuant to 47 C.F.R. Section 73.1620, will not be permitted until Station KBRU-FM activates service on Channel 268C at Strasburg, Colorado. 19. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a)
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 14. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing
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  • licenses shall submit to the Commission minor change applications for construction permits (Form 301); Upon grant of the construction permits, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license and/or upgrade. As
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  • 73.1620 of the Commission's Rules; Operating authority for Station KESC(FM), Channel 279C1, at Okemah, Oklahoma may not be granted until operations have been commenced by Station KMCO(FM), Channel 267C1, at Wilburton, Oklahoma. (d ) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). IT IS FURTHER ORDERED, That the petition for rule making filed by Little Dixie Radio, Inc., KESC Enterprises, Inc., and Southeastern Oklahoma
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 7. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), George S. Flinn, Jr., licensee of Station KWCA(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 8. IT IS FURTHER ORDERED, That the Secretary of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1007A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1007A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1007A1.txt
  • Upon grant of the construction permit, program tests may not be conducted in accordance with 47 C.F.R. Section 73.1620 until Station WXLF(FM) is operating on Channel 237A at Hartford, Vermont, and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 12. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Nassau Broadcasting III, L.L.C., for Station WXLF(FM), White River Junction, Vermont, IS MODIFIED to specify operation on Channel 237A at Hartford, Vermont, subject to the following conditions: (a) Within 90 days of the effective date
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 8. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Bragg Broadcasting, Inc., for Station KSAR, Channel 222C2, Thayer, Missouri, IS MODIFIED, to specify Cherokee Village, Arkansas, as the community of license, subject to the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Beanpot Broadcasting Corp., licensee of Station WXRV(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 10. IT IS FURTHER ORDERED, That the Secretary of the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Unity Broadcasters, licensee of Station WGDQ(FM), is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station WGDQ(FM), Channel 226C3, from Hattiesburg, Mississippi, to Sumrall, Mississippi, at
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Lazer Broadcasting Corporation, licensee of Station KLMM(FM), Morro Bay, California, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for FM Station KLMM to specify
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1072A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1072A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1072A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. �� 1.1104(1)(k) and (3)(l) of the Commission's rules, Nassau Broadcasting, III, LLC, licensee of Station WARX(FM), Hagerstown, Maryland, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for FM Station WARX(FM) to specify
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1074A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1074A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1074A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 13. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Radio and Investments, Inc., licensee of Station WKSR-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 14. IT IS FURTHER ORDERED, That the Secretary of the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Capstar TX Limited Partnership, licensee of Station WRDU(FM), Channel 291C0, Wilson, North Carolina is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station
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  • be conducted in accordance with Section 73.1620; Operating authority for Station WJAM-FM, Channel 300C3, at Shorter, Alabama, may not be granted until operations have been commenced by Station WALX(FM), Channel 265C2, at Orrville, Alabama; Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. The Commission will send a copy of this Memorandum Opinion and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. � 801(a)(1)(A). Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), KERM, Inc., licensee of Station KURM-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 10. IT IS FURTHER ORDERED, That the Secretary of the Commission shall
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  • maintains that these experiments prove that Globalstar MSS/ATC can be implemented with existing technology at low cost. 3. Compliance with Radiation Limits As required by Section 25.149(a)(5), GLLC guarantees that Globalstar ATC base stations and MSS/ATC terminals will operate in compliance with the provisions of the National Environmental Policy Act incorporated in the Commission's rules, including the provisions in Sections 1.1307(b), 1.1310, 2.1091, and 2.1093 pertaining to radio-frequency radiation exposure. The base-station antennas will typically be mounted atop tall masts and will be enclosed by perimeter security fences. Standard radiation-hazard warnings will be posted, and access to areas directly in a base station's main antenna beam will be barred except as required for maintenance by authorized engineering personnel after amplifier input
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, that the ultimate permittee of Channel 240A, Americus, Kansas, shall reimburse C&C Consulting, Inc., for its reasonable costs of changing the frequency of its Station KANS(FM), Emporia, Kansas, from Channel 241A to Channel 244A. 11. IT IS FURTHER ORDERED, that the request of C&C Consulting,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit N � Report No. MB/AD-06-01 July 20, 2006 DA 06-1471 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � (R) � � � � Report No. MB/AD-06-02 July 20, 2006 DA 06-1472 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Pearsall Radio Works, Ltd., licensee of Station KVWG-FM, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license to Dilley,Texas, at the time its Form 301
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1551A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1551A1.txt
  • 47 C.F.R. � 73.2080. See File No. B396 - 20030929ANZ. OET Bulletin 65, Edition 97-01, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' at p. 12. ``Opposition to Petition to Deny,'' Exhibit A (``RF Field Study for Tower Top Investments, Inc., Crown Mountain, St. Thomas Tower Facility - August 13, 2003''). Id. See 47 C.F.R. �� 1.1307(b) and 1.1310. See 47 U.S.C. � 309(k). Federal Communications Commission Washington, D.C. 20554 July 31, 2006 DA 06-1551 In Reply Refer to: 1800B3-RDH Released: July 31, 2006 � � `������ �e d��; s�(c)W'�*�������u���``uD�A�:q[ 7|x_ �P���n��''��"�O� �2���Ȉ+�"�< nL�8�P����:�w n``��?��9�q;z %�7�J�...���"{�(R)�����⢣ >�у r3�c��F� �r�"WV�S�...�z�L"0�ځ����d̓�v[�E� �zn����� ){I��.N�,���� D�B�� �)���-q)�<���(� U<5� Ό2ʍ ax-��4�o2�� �s)Ӈ\��� �k � ;�4� � A� X�I�5�'6'� �``� � ޥ!- �Hy``��Aqu�"m��ƚ}-c�?*�|��<�
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, that the ultimate permittee of Channel 292C0, Atwood, Kansas, shall reimburse Capstar TX Limited Partnership, for its reasonable costs of changing the frequency of Station, KMCX-FM, Ogallala, Nebraska, to Channel 294C1 to accommodate the Atwood allotment. 11. IT IS FURTHER ORDERED,
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  • be conducted in accordance with 47 C.F.R. Section 73.1620; Operating authority for Station WTLX(FM) at Monona, Wisconsin, may not be granted until operations have been commenced by Station WTTN(AM), 1580 kHz, Columbus, Wisconsin; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change of community of license and/or upgrade. As
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1759A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1759A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1759A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 18. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the license of Westend Radio LLC for Station KQFM, Channel 263A, Hermiston, Oregon, IS MODIFIED to specify operation on Channel 261A at Hermiston, subject to the following conditions: (a) Within 90 days of the effective date of
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 12. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change of community of license of an FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
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  • service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Personal wireless facilities are facilities for the provision of personal wireless services. Need: The purpose of the regulation is to preempt regulation by a state or local government (or instrumentality thereof) regarding this subject. Legal Basis: 47 U.S.C. 154, 303, 332(c)(7). Section Number and Title: 1.1307(e) Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART J-EQUIPMENT AUTHORIZATION PROCEDURES Brief Description: These rules streamline the equipment authorization requirements for personal computers and personal computer peripherals. These rules provide for a new equipment authorization procedure, ``Declaration of Conformity'' (DoC),
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. d) Operation of Station WCSY-FM on Channel 252A at Hartford, Michigan, including program test operation pursuant to 47 C.F.R. Section 73.1620, will not be permitted until Station WZBL(FM) activates service on Channel 279A at South Haven, Michigan. 15. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2022A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2022A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2022A1.txt
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the authorization of Great Scott Broadcasting, licensee of WKHI(FM), Channel 298B1, Fruitland, Maryland IS MODIFIED to specify operation on Channel 298A, subject to the following conditions: (a) Within 90 days of the effective date of the Order, Great
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2027A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2027A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2027A1.txt
  • (b) Upon grant of the construction permit and commencement of operation by Station WRQQ as a Belle Meade facility, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 17. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Newberry Broadcasting, Inc. for Station WHHT, Channel 294A, Horse Cave, Kentucky, IS MODIFIED, to specify operation on Channel 2293A, subject to the following conditions: (a)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2028A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2028A1.txt
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing IT IS FURTHER ORDERED, That the rulemaking petition (RM-11254) filed by Bittersweet Broadcasting, Inc., IS GRANTED. IT IS FURTHER ORDERED, That World Radio Link, Inc., amend its application (File No. BNPH-20060309ABD) for Channel 226A, Boonville, Missouri, to specify Channel 272A at a rule- compliant site. IT IS FURTHER ORDERED, That
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  • ``Date of Second Contact'' where the date is the same for all Tribes and NHOs. For sites where the initial contact was not made using TCNS, applicants will have these options for both the ``Date of First Contact'' and the ``Date of Second Contact.'' Deployment or contact: . ). -- FCC -- See 36 U.S.C. � 470f; 47 C.F.R. � 1.1307(a)(4); 47 C.F.R. Part I, Appendix B, � IV. See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Process, WT Docket No. 03-128, Report and Order, 20 FCC Rcd 1073, 1107-08, para. 95 (2004). See Changes and Enhancements to the FCC's Tower Construction Notification System (TCNS) for Indian Tribes, Native Hawaiian Organizations and the Communications Industry, Public Demonstration
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  • 2006 Released Date: October 19, 2006 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION By this Notice of Apparent Liability for Forfeiture (``NAL''), we find Panhandle Telecommunications, Inc. (``Panhandle'') apparently liable for a forfeiture in the amount of five thousand six hundred dollars ($5,600) for constructing a facility before completing environmental review, in apparent willful violation of Sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules (``Rules''). II. BACKGROUND Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, (``NEPA''), licensees, permittees and applicants (collectively, ``licensees'') are required to assess proposed facilities to determine whether the facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules. For actions that may have significant
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  • 2006 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION By this Notice of Apparent Liability for Forfeiture (``NAL''), we find T-Mobile Northeast, L.L.C. (``T-Mobile''), a wholly-owned subsidiary of T-Mobile USA, Inc., apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000) for constructing a facility before completing environmental review, in apparent willful violation of Section 1.1307(a)(4) of the Commission's Rules (``Rules''). II. BACKGROUND Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, (``NEPA''), licensees, permittees and applicants (collectively, ``licensees'') are required to assess proposed facilities to determine whether the facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules. For actions that may have significant environmental effects,
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 12. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Sea-Comm, Inc. for Station WWTB(FM), Topsail Beach, North Carolina, IS MODIFIED to specify operation on Channel 281A at Swansboro, North Carolina, subject to the following conditions: (a) Within 90 days of the effective date of
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  • that may require significant modifications upon the Commission's completion of the proceeding in MB Docket 05-312. Our approval herein should not be construed in any manner as a prejudgment of that proceeding or relieving you of compliance with any final rules that may be adopted by the Commission. With respect to radio frequency radiation (RFR), we expect compliance with Section 1.1307(b) of the Commission's rules to be achieved. Accordingly, the request for special temporary authority to broadcast DTV signals utilizing a DTS network on Channel 25 in Reading, Pennsylvania, IS GRANTED subject to the following conditions and technical parameters: The grant of this permit is subject to the condition that, with ample time before commencing operation, you make a good-faith effort
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  • to the Commission a minor change application for construction permit (Form 301); Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c ) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Radioactive, LLC, permittee of unbuilt FM station, Vernon Center, Minnesota, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for unbuilt FM station to specify operation on Channel 231A at
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Meridian Broadcasting Inc., licensee of Station WTLT(FM), Channel 229C3, Naples, Florida is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station WTLT(FM) to
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Clear Channel Broadcast Licenses, Inc., licensee of Station WZKF(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 11. IT IS FURTHER ORDERED, That the Secretary
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Clear Channel Broadcasting Licenses, Inc., licensee of Station WEGR(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 11. IT IS FURTHER ORDERED, That the Secretary
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the license of Tama Radio Licenses of Jacksonville, FL, Inc. for Station WSJF(FM), Channel 288C3, St. Augustine Beach, Florida, IS MODIFIED to specify operation on Channel 288C3 at St. Augustine Beach, Florida at coordinates 29-46-53 NL and
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  • MEMORANDUM OPINION AND ORDER Adopted: February 22, 2006 Released: February 22, 2006 By the Deputy Chief, Spectrum and Competition Policy Division: Introduction In this Order, we grant an Application for Antenna Structure Registration (Application) filed by American Tower Corporation (American Tower), FCC File No. A0461656. Because the proposed construction falls within a category of potential significant environmental impact under Section 1.1307 of the Federal Communications Commission (Commission) rules, American Tower filed an environmental assessment (Environmental Assessment) with the Application, pursuant to Sections 1.1308 and 1.1311 of the Commission's rules. Several local residents petitioned to deny the Application, contending that the tower should not be constructed as proposed due to several asserted environmental impacts, and that the grant of the Application and
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 6. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of World Radio Link, Inc. on Channel 255C3 at Prineville, Oregon, (File No. BNPH-20050103ABA), IS MODIFIED to specify operation on Channel 271C3, subject to the
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Radioactive, LLC, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change in community of license for Channel 223A to Black River, New York at the time its Form 301 application
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 14. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Radio and Investments, Inc., licensee of Station KDDK(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 15. IT IS FURTHER ORDERED, That the Secretary of
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Magnum Communications, Inc., licensee of Station WBKY(FM), Portage, Wisconsin, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for FM Station WBKY to specify operation
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, MCC Radio, LLC, licensee of Station KSAJ(FM), Channel 253C1, Abilene, Kansas is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station KSAJ(FM) to
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Clear Channel Broadcasting Licenses, Inc., licensee of Station WJER-FM, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change in community of license for Station WJER-FM at the time its Form
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Section 1.1104(3)(l), KBYN, Inc., licensee of FM Station KBYN, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for FM Station KBYN, Channel 240A, from Arnold, California, to City
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Force 5 Communications, LLC, licensee of Station WBOP(FM), is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station WBOP(FM), Channel 292B1, from Churchill, Virginia, to Channel
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), New Century Media Group, LLC, licensee of Station WKXU(FM), is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change in community of license for Station WKXU(FM) at the time its Form
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. (d) Operation of Station WZUU on Channel 223A at Mattawan, Michigan, including program test operation pursuant to 47 C.F.R. Section 73.1620, will not be permitted until Station WQXC-FM activates service on Channel 265A at Allegan, Michigan. 11. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 20. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the authorization of Family Voice Communications, LLC for New Station, Channel 228A, Moorcroft, Wyoming, IS MODIFIED to specify operation on Channel 291A at Moorcroft, Wyoming, subject to the following conditions: (a) Within 90 days of the effective
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. MB/AD-07-01 April 23, 2007 DA 07-1801 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), as amended, IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. .
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Stillwater Broadcasting, LLC for Station KVRO, Channel 251A at Stillwater, Oklahoma, IS MODIFIED to specify operation on Channel 266A at Stillwater, Oklahoma subject to the following conditions: Within 90 days of the effective date of this
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-2144 Released: May 30, 2007 ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION RE: APPLICATIONS ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the application(s) for antenna structure registration listed herein for environmental action, pursuant to 47 C.F. R. � 1.1307(a) is ACCEPTED for filing. Because of recent events in Washington, D.C., resulting in the disruption of regular mail delivery and of the processing of other deliveries, the Commission released, on November 29, 2001, an Order temporarily amending certain procedural rules on an emergency basis. See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, FCC 01-345, Order, (rel. November
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  • effectively precluded the Tennessee SHPO from performing a proper review. We therefore deny the Petition. ORDERING CLAUSES IT IS THEREFORE ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. � 470f, and Sections 1.2 and 1.1307(a)(4) of the Commission's rules, 47 C.F.R. �� 1.2, 1.1307(a)(4), that the Petition for Expedited Declaratory Ruling filed by Wireless Properties, LLC, is DENIED. IT IS FURTHER ORDERED that the Section 106 review shall proceed as described herein. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
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  • hearing. Also, you are reminded that our grant of experimental authority for testing should not be construed as pre-approval of long-term use of channel 12 and 65. We note that channel 65 is no longer routinely assigned for broadcast use and is subject to auction early next year. With respect to radio frequency radiation (RFR), we expect compliance with Section 1.1307(b) of the Commission's rules to be achieved. Accordingly, the request for experimental authority to broadcast DTV signals utilizing a low power digital repeater network on Channels 12, 33 and 65 in New York, New York, IS GRANTED subject to the following conditions and technical parameters: The grant of this permit is subject to the condition that, with ample time before
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Cox, Inc., licensee of Station WCTZ(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 11. IT IS FURTHER ORDERED, That the Secretary of the Commission shall
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Millennium Media, Inc., licensee of Station KYVA-FM, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station KYVA-FM, from Channel 279C0, Grants, New Mexico, to Channel
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  • IBFS, please contact the IBFS help desk at 202-418-2222. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau If Sky Television refiles an application in which the deficiencies identified in this letter have been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R.� 1.1109(d). See 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-2200 Federal Communications Commission Washington, D.C. 20554 hU= hU= @�gdU= � hU= � " � � hU= hU= hU= hU= hU= hU= � ��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ����
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  • without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 11.7-12.2 GHz and 14.0-14.5 GHz. If Sure Shot refiles an application in which the deficiencies identified in this letter have been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-2348 Federal Communications Commission Washington, D.C. 20554 ) 0 7 C D c d t � � ' tm � � � " � � � � � � � � � � � � ��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 17. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Woman's World Broadcasting, Inc., licensee of Station WTSH-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. (a) Within 90 days of the effective date of this
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of WFMS Lico, Inc., for Station WFMS(FM), Indianapolis, Indiana, IS MODIFIED to specify operation on Channel 238B at Fishers, Indiana, subject to the following conditions: (a) Within 90 days of the effective date of this Order,
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Univision Radio License Corporation, licensee of Station WVIX(FM), Channel 228A, Joliet, Illinois is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station WVIX(FM)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 4 J J J J J J J J J ( Report No. MB/AD-07-02 JULY 25, 2007 DA 07-3391 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), as amended on July 16, 2007, IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of
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  • on delegations of authority, 47 C.F.R. �0.261, we dismiss HDTV's application without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau If HDTV refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-3424 Federal Communications Commission Washington, D.C. 20554 � ��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN 9�� _#p�� �h
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  • submit to the Commission a minor change application for construction permit (Form 301). Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. IT IS FURTHER ORDERED, That the counterproposal filed by Bible Broadcasting, Network, Inc., IS DISMISSED. IT IS FURTHER ORDERED, That the rulemaking petition (RM-11254) filed by Finger Lakes Radio Group, Inc., IS GRANTED. IT IS FURTHER ORDERED, That a copy of this Report and Order be sent by Certified Mail, Return Receipt Requested, to James L.
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  • new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules once Station KRDX commences operation at Corona de Tucson, Arizona; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 18. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Desert West Air Ranchers Corporation for Station KRDX, Channel 253A, Vail, Arizona, IS MODIFIED, to specify Corona de Tucson, Arizona, as the community of license,
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  • Temporary-Fixed earth station. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R.� 25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R.� 0.261, we dismiss American Satellite Uplink's application without prejudice of refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 14.0-14.5 GHz. 47 C.F.R. � 1.1307(b). Amendment of the Commission's Regulatory Policies to Allow Non-U.S. -Licensed Space Stations to Provide Domestic and International Services in the United States, First Order on Reconsideration, IB Docket No.96-111, 15 FCC Rcd 7207-7210 n.19. If American Satellite Uplink refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application
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  • why a stable orbit cannot be maintained consistent with full venting. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. �25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. �0.261, we dismiss above-captioned application without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 47 C.F.R. � 1.1307(b). Although Telenor has previously submitted a frequency coordination report for its existing 10.4-meter earth station, it proposes to operate an additional 10.4-meter earth station at EIRP and EIRP density levels higher than it had previously coordinated. Therefore, Telenor must submit a new frequency coordination report pursuant to the Section 25.203(c) of the Commission's rules. See IBFS File No. SES-LIC-20070416-00479 See
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  • new facts which otherwise would warrant reconsideration. Initially, we believe that the staff was procedurally correct in finding, based upon the SHPO's determination of ``no adverse effect,'' that no further environmental processing of the WTHZ(FM) proposal was warranted. It was common staff practice at the time the Staff Decision was issued not to require an Environmental Assessment pursuant to Section 1.1307 when a SHPO issues a ``no adverse effect determination.'' More significantly, though, we find no procedural or substantive error in the SHPO's issuance of a ``no adverse effect'' determination. The Petitions essentially contain three objections: 1) that the North Carolina SHPO's process for considering the commenter concerns was inadequate or flawed and therefore prevented the views of certain objectors from
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  • to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 3700-4200 and 5925-6425 MHz bands. If Talking Rock Communications, Inc. refiles an application in which the deficiencies identified in this letter have been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R.� 1.1109(d). See 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-3823 Federal Communications Commission Washington, D.C. 20554 hU= hU= @�gdU= hU= hU= m o 5 Y b l m n o hU= hU= � ��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.�
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  • Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau cc: James M. Talens Counsel for ATCONTACT Communications, Inc. 11.7-12.2 and 14.0-14.5 GHz bands. If ATCONTACT refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.109(d). See 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-3992 Federal Communications Commission Washington, D.C. 20554 �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN 9�� _#p�� �h -
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  • incomplete without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 14.0-14.5 GHz band. If Hearst-Argyle Stations, Inc. refiles an application in which the deficiency identified in this letter has been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R.� 1.1109(d). See 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-XXXX Federal Communications Commission Washington, D.C. 20554 hU= - hU= - hU= - �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '�
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  • by the SHPO. This report should be submitted to the SHPO prior to commencement of any construction activity at that site. Upon receipt of the report, the SHPO may restart the Section 106 Review process for that project under the NPA. Failure to Complete the Section 106 Process Prior to Commencement of Construction at the Main Facility Site. Under Section 1.1307(a)(4) of the Rules, parties constructing communication facilities are required to evaluate, before construction, whether the proposed facilities may affect districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture that are listed or eligible for listing in the National Register of Historic Places. Pursuant to the rules of the Advisory Council on Historic Preservation and
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit , P x | | | | | | | | | l Report No. MB/AD-07-03 October 26, 2007 DA 07-4387 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. On November 29,
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  • the Commission's rules, 47 C.F.R. � 25.112(a)(1) and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. � 0.261, we dismiss North American Leasing's application without prejudice of refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau The conventional Ku-band encompasses the 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands. See 47 C.F.R. � 1.1307(b). Amendment of the Commission's Regulatory Policies to Allow Non-U.S.-Licensed Space Stations to Provide Domestic and International Services in the United States, First Order on Reconsideration, IB Docket No. 96-111, 15 FCC Rcd 7207-7210 n.19. If North American Leasing refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application
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  • Commission's rules on delegations of authority, 47 C.F.R. � 0.261, we dismiss North American Leasing's application without prejudice of refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau The conventional C-band encompasses the 3700-4200 MHz and 5925-6425 MHz frequency bands. The conventional Ku-band encompasses the 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands. See 47 C.F.R. � 1.1307(b). Amendment of the Commission's Regulatory Policies to Allow Non-U.S.-Licensed Space Stations to Provide Domestic and International Services in the United States, First Order on Reconsideration, IB Docket No. 96-111, 15 FCC Rcd 7207-7210 n.19. If North American Leasing refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application
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  • the stations are at reduced power or shut down.'' WVEA-LP 2004 Modification Application, RFR Exhibit at 4. Another station's transmitter was found to produce power density levels that exceeded 5% of the power density exposure limit applicable to its particular transmitter. This station is also responsible for ensuring the penthouse rooftop's compliance with the RFR limits. See 47 C.F.R. � 1.1307(b)(3). Such information allows workers who are fully aware of the potential for their exposure to make informed decisions and exercise control over their exposures. See 47 C.F.R. � 1.1310, Note 1 to Table 1. See also OET Bulletin 65 at 55 - 59. Entravision requested an extension to submit its response to the NAL, which was granted by the Region.
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  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to ``...all facilities, operations and transmitters regulated by the Commission.'' Section 1.1307(b)(3) of the Rules states that ``when the guidelines specified in � 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
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  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to ``...all facilities, operations and transmitters regulated by the Commission.'' Section 1.1307(b)(3) of the Rules states that ``when the guidelines specified in � 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
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  • 16 U.S.C. �� 1131-1136. 42 U.S.C. � 1996. 16 U.S.C. � 668dd. See Executive Order 11988, 42 Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended 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
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  • NAL/Acct. No. 200732100014 ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau (``Bureau'') and United States Cellular Corporation (``US Cellular''). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules (``Rules'') with respect to its construction of a wireless base station near Fries, Virginia. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we
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  • submit to the Commission minor change applications for construction permit (Form 301); Upon grant of the construction permits, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c ) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. IT IS FURTHER ORDERED, That the petition for rule making filed by Radio Dalhart IS GRANTED. IT IS FURTHER ORDERED, That a copy of this Report and Order be sent by Certified Mail, Return Receipt Requested, to Perryton Radio, Inc., c/o Sharon Ellzey, 715 Hawkins Way, Alexandria, Virginia 22314 For further information concerning this proceeding, contact
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  • without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau In response to item E43/E44 of Schedule B, Nippon Television lists 14.0-14.5 MHz as the frequencies it seeks to operate. Based on other information filed in the application, we assume that it seeks to operate in the 14.0-14.5 GHz band. See 47 C.F.R. � 1.1307(b). If Nippon Television refiles an application in which the deficiency identified in this letter has been corrected but is otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). Federal Communications Commission DA 08-1155 Federal Communications Commission Washington, D.C. 20554 � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k���
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  • submit to the Commission a minor change application for construction permit (Form 301). Upon grant of each construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. (d) Operation of Station KITT(FM) on Channel 261C3 at Wilson, Wyoming, including program test operation pursuant to 47 C.F.R. Section 73.1620, will not be permitted until Station KAOX(FM) activates service on Channel 297C2 at Shelley, Idaho. (e) Operation of Station KAOX(FM) on Channel 297C2 at Shelley, Idaho, including program test operation pursuant to 47 C.F.R. Section
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  • did not match the application filed with the Commission. One objection, subsequently withdrawn, expressed concern about the proximity of the proposed KRKO(AM) towers to the Harvey Airfield a private, ``FAA-designated general aviation reliever airport.'' Because the Application proposed to construct the KRKO(AM) towers in a flood plain, the Staff requested S-R to submit an environmental assessment (``EA'') pursuant to Section 1.1307(a)(6) of the Commission's Rules (the ``Rules''). The EA was to contain the information specified in Section 1.1311 of the Rules, and it was to address each of the factors set forth in Section 1.1307 of the rules to support the Licensee's contention that the project is categorically excluded from environmental processing. S-R submitted the EA, prepared by LSI Adapt, Inc.,
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  • for regulatory fees. 1.1162 General exemptions from regulatory fees. SUBPART I-PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1069 Brief Description: These rules apply to all Commission actions that may impact the quality of the human environment. Need: These rules implement subchapter I of the National Environmental Policy Act of 1069. Legal Basis: 42 U.S.C. 4321-4335. Section Number and Title: 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared; 1.1319 Consideration of the environmental impact statements. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART I-MARKETING OF RADIOFREQUENCY DEVICES Brief Description: The rules in part 2, subpart I, define radiofrequency devices and specify the requirements for marketing of such devices.
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  • the Commission a minor change application for construction permit (Form 301). (b) Upon grant of each construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 15. Pursuant to 47 C.F.R. Section 1.1104(3)(k)of the Commission's Rules, the following licensees are required to submit a rulemaking fee in addition to the fee required for the application to effectuate the new community of license, as follows, at the time its Form 301 is submitted: College Creek Media, L.L.C., permittee of Station KPHD(FM), for the
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  • application is both technically inconsistent and incomplete, which render it unacceptable and subject to dismissal. The deficiencies are as follow: Section 25.120 of the Commission's rules, 47 C.F.R. � 25.120(a) indicates that applications for Special Temporary Authority must contain the full particulars of the proposed operation. M.T.'s STA request did not include a radiation hazard analysis. See 47 C.F.R. � 1.1307(b). According to the U.S. Table of Frequency Allocations, 47 C.F.R. � 2.106, the Commission allocated ESV service in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth), and 14.0-14.5 GHz (Earth-to-space) frequency bands operating with geostationary satellites in the Fixed Satellite Service. In response to item E43/44 of Schedule B, M.T. proposes to transmit in the 13.75-14.5 GHz band
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  • EB-08-SE-194 Acct. No. 200832100065 FRN No. 0007911100 Adopted: August 11, 2008 Released: August 13, 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Vangard Wireless, LP (``Vangard''). The Consent Decree terminates an investigation by the Bureau against Vangard for possible violation of section 1.1307(a)(4) of the Commission's Rules (``Rules'') regarding the construction of a wireless communications facility in Roswell, New Mexico. The Bureau and Vangard have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit , @ ` � � � � � � � � � T Report No. MB/AD-08-01 August 26, 2008 DA 08-1968 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • more detail. WWAY-TV is the only one of the Stations that is contemplating continuing analog service into October, but all of the Stations note that they may delay termination of their analog signal in order to provide information to the public in an emergency situation. We note that, with respect to radio frequency radiation (``RFR''), we expect compliance with Section 1.1307(b) of the Commission's Rules to be achieved. As the Commission's August 18, 2008, press release notes, stations that transition at the conclusion of the Nation's transition on February 17, 2009, will not be able to retain analog signals for any purpose, including emergency broadcasts. Wilmington stations and viewers, however, will be able to receive emergency announcements, and other informational messages
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  • in this case does not raise safety concerns because the source-based time-averaged RF output power is below the threshold level required for SAR testing per OET equipment authorization policies, and as a general matter, part 15 spread spectrum devices are categorically excluded from routine environmental evaluation for RF exposure prior to equipment authorization or use. See 47 C.F.R. � � 1.1307(b)(1), 2.1093(c), and 15.247(i). 47 C.F.R. � 15.247(b)(4). As explained by CoachComm, the peak output powers of the initial and substitute RF modules are 69 mW and 60 mW, respectively. Because the directional corner reflector antenna has a gain of 9 dBi, however, the one watt power limit must be derated to reflect the coverage of a 6 dBi antenna. Both
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit $ : : : : : : : : : Report No. MB/AD-08-02 September 24, 2008 DA 08-2137 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. MB/AD-08-03 October 1, 2008 DA 08-2210 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • the Commission a minor change application for construction permit (Form 301); (b) Upon grant of such construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, That the Counterproposal (RM-11423) filed by Katherine Pyeatt IS GRANTED. 9. IT IS FURTHER ORDERED, That the Petition for Rule Making (RM-11421) filed by Charles Crawford IS DENIED. 10. IT IS FURTHER ORDERED, That the Counterproposal (RM-11422) filed by Roy E. Henderson IS DENIED. 11. IT IS FURTHER ORDERED, That MB
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  • to that community. Our analysis corroborates these claims. Thus, there is a sufficient local service floor, notwithstanding removal of the WBIS signal, to warrant grant of the application. Environmental Assessment Because the Station's proposed daytime antenna location is in a 100-year flood plain and in an area that has been delineated a wetland, Potomac submitted an EA required by Section 1.1307 of the Rules on July 28, 2008. Public Notice of the EA was issued on August 26, 2008. The Commission received no comments in response to the Notice. Upon examination of the EA, we find that the information supplied satisfies the requirements specified in Section 1.1311 of the Rules. Accordingly, pursuant to Section 1.1308 of the Rules, we find that
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  • facility; (b) Upon grant of the construction permit and commencement of operation of Station WKUS as a Windsor facility, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 7. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of CC Licenses, LLC for Station WKUS, Channel 287B, Norfolk, Virginia, IS MODIFIED to specify Windsor, Virginia, as the community of license, subject to the following
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  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to Section 316 of the Communications Act of 1934, as amended, the construction permit for Station WFYE(FM), Glade Spring, Virginia, IS MODIFIED to specify Channel 263A, and the license for Station WOLD-FM, Marion, Virginia, IS MODIFIED to specify Channel 273A, subject to the following
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  • ) ) ) File No. EB-07-SE-151 NAL/Acct. No. 200832100022 FRN: 0001665900 ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Caprock Cellular Limited Partnership (``Caprock''). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules (``Rules''). The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist
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  • WPXI's application did not include this required exhibit. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. �25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. �0.261, we dismiss WPXI's application, without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 14.0-14.5 GHz. See 47 C.F.R. � 1.1307(b). If WPXI refiles an application in which the deficiency identified in this letter has been corrected but is otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). Federal Communications Commission DA 08-943 Federal Communications Commission Washington, D.C. 20554 � (c) � � " � � � � " � � �%���PNG
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  • ) File No.: EB-08-SE-065 Acct. No.: 200832100042 FRN No.: 0014015226 Adopted: April 24, 2008 Released: April 28, 2008 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Westchester Services LLC (``Westchester''). The Consent Decree terminates an investigation by the Bureau against Westchester for possible violations of sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules (``Rules'') with respect to Westchester's construction of three wireless communications facilities in Bismark, Newman, and Oblong, Illinois. The Bureau and Westchester have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree
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  • No. 200932100070 FRN No. 0018006437 Adopted: July 8, 2009 Released: July 10, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and InFill Towers of America, LLC (``InFill''). The Consent Decree terminates an investigation by the Bureau against InFill for possible violation of section 1.1307(a)(4) of the Commission's Rules (``Rules'') regarding the construction of certain wireless communications facilities in Mississippi. The Bureau and InFill have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
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  • Mexico. The terrestrial repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures. The terrestrial repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules. The terrestrial repeaters' out-of-band emissions shall be limited to 75+ 10log(EIRP) dB less than the transmitter EIRP. This STA expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. IT IS FURTHERED ORDERED that the Petition to Deny filed by Radio Broadcasters Association of
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  • and Mexico. e)The terrestrial repeaters shall comply with Part 17 of the Commission's rules �Construction, Marking, and Lighting of Antenna Structures. f)The terrestrial repeaters shall comply with Part 1 of the Commission's rules, Subpart I � Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules. g)The terrestrial repeaters' out-of-band emissions shall be limited to 75+ 10log(EIRP) dB less than the transmitter EIRP. h)This STA expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 15.ITIS FURTHERED ORDERED that the Petition to Deny filed by Radio Broadcasters Association of Puerto
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. MB/AD-09-01 October 13, 2009 DA 09-2212 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • dismiss Uplynx, Inc.'s application as incomplete without prejudice to refiling. Sincerely, Kathryn Medley Chief, Satellite Engineering Branch Satellite Division International Bureau If Uplynx, Inc. refiles an application in which the deficiency identified in this letter has been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R.� 1.1111(d). See 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 07-XXXX Federal Communications Commission Washington, D.C. 20554 �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN 9�� _#p�� �h -
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  • �0.261, we dismiss Uplynx, Inc.'s application as incomplete without prejudice to refiling. Sincerely, Kathryn Medley Chief, Satellite Engineering Branch Satellite Division International Bureau 1If Uplynx, Inc. refiles an application in which the deficiency identified in this letter has been corrected but otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R.�1.1111(d). 2 See47 C.F.R. �1.1307(b). 14067
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  • of the Commission's rules, 47 C.F.R. � 25.112(a)(1) and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. � 0.261, we dismiss Enlace Christian Television's application without prejudice of refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau The conventional C-band encompasses the 3700-4200 MHz and 5925-6425 MHz frequency bands. 47 C.F.R. � 1.1307(b). If Enlace Christian Television refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). Federal Communications Commission DA 09-288 Federal Communications Commission Washington, D.C. 20554 �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ
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  • EB-06-SE-344; EB-06-SE-437 Acct. No. 200732100001 FRN No. 0004677209 Adopted: January 15, 2009 Released: January 15, 2009 By the Assistant Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and T-Mobile USA, Inc. (``T-Mobile''). The Consent Decree is for the purpose of terminating the Bureau's investigation into whether T-Mobile violated section 1.1307(a)(4) of the Commission's Rules (``Rules'') with respect to the construction of a wireless communications facilities in Philadelphia, Pennsylvania, and Chimayo, New Mexico. The Bureau and T-Mobile have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and
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  • Reconsideration, 20 FCC Rcd 4616 (2005) (``ATC Second Reconsideration Order''), further reconsideration pending. ATC Report and Order at �� 2, 20-45, and 210-11. Id. at �240. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; also see 47 C.F.R. �� 1.1307, 17.4, and 17.7. ATC Report and Order at � 72. 47 C.F.R. � 25.149(b)(1). 47 C.F.R. � 25.149(b)(3). 47 C.F.R. � 25.149(b)(2). 47 C.F.R. � 25.149(b)(4). New ICO Satellite Services G.P., File No. SES-LIC-20071203-01646. In two subsequent filings ICO amended the application to correct errors in technical specifications. See File Nos. SES-AMD-20080118-00075 and SES-AMD-20080219-00172. Public Notice, Satellite Communications Services, Satellite
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 13. IT IS FURTHER ORDERED, That the ultimate permittee of Channel 274A, Evart, Michigan, shall reimburse Bay View Broadcasting, Inc., for its reasonable costs of changing the frequency of its Station WMOM(FM), Pentwater, Michigan, from Channel 274A to Channel 242A. (a) Within 90 days of the effective date of this
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  • defective without prejudice to refiling. In any refiling, Videocom must provide the requested information regarding its proposed C-Band operations. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau The conventional C-band encompasses the 3700-4200 MHz and 5925-6425 MHz frequency bands and the conventional Ku-band encompasses the 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands. See 47 C.F.R. �� 1.1307(b) and 1.1310. If Videocom Satellite Associates, Inc. refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). Federal Communications Commission DA 09-645 Federal Communications Commission Washington, D.C. 20554 a b �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_�
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  • 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 with no significant sources of rf radiation and does not fall into any of the categories listed in Sections 1.1307(a)(1) through 1.1307(a)(3), and Sections 1.1307(a)(5) through 1.1307(a)(7) of the Commission's Rules; the proposed operation will not involve utilization of high intensity white lights described in Section 1.1307(a)(8) of the Rules. With respect to conformity with the requirements of Section 1.1307(a)(4) of the Rules, the tower structure will not be located in a recreational area frequented by the public. The proposed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit < < < t � � � � � � � � � � � � < < < Report No. MB/AD-10-01 June 23, 2010 DA 10-1120 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and 3(1), Sanpete County Broadcasting, Inc., is required to submit a rulemaking fee in addition to the fee required to effectuate the change of community of license for Station KLGL at the time the application is submitted. 12. Accordingly, IT IS ORDERED, That
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  • No. 0001678614 Adopted: April 9, 2010 Released: April 9, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Texas RSA 1 Limited Partnership dba XIT Wireless (``XIT''). The Consent Decree terminates an investigation by the Bureau against XIT for possible violation of section 1.1307(a)(4) of the Commission's Rules (``Rules'') regarding the construction of certain wireless communications facilities in Texas. The Bureau and XIT have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit X X X X X X X DA 10-1600 August 24, 2010 OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE ANSYS INC. REQUEST FOR WAIVER OF RULE SECTION 1.1307 (B)(2) TO BE A ``PERMIT-BUT-DISCLOSE'' PROCEEDING FOR EX PARTE PURPOSES AND REQUESTS COMMENTS ET Docket No. 10-166 Comment Date: September 23, 2010 Reply Comment Date: October 8, 2010 ANSYS Inc. (ANSYS) has filed a Request for Waiver of Section 1.1307 (b)(2) of the Commission's Rules to permit routine environmental evaluation for radio frequency (RF) exposure of medical implant or body-worn
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  • Commission a minor change application for a construction permit (Form 301), specifying the new facilities; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize changes in transmitter location or to avoid the necessity of filing environmental assessments pursuant to 47 CF.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. A filing window for Channel 261A at Irvington, Kentucky, will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order. IT IS FURTHER ORDERED, That the ultimate permittee of Channel 261A at Irvington, Kentucky, IS
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  • Report and Order, 21 FCC Rcd 14212, 14220 (2006); CMP-Houston KC, LLC, Memorandum Opinion and Order, 23 FCC Rcd 10656, 10660 n.31 (2008), citing Cloud Nine Broadcasting, Inc., Letter, 10 FCC Rcd 11555, 11556 (1995). Filed on Mar. 10, 2009. The Lay/Moore Objection noted that it ``has the same concerns'' as Matthews and agrees with her comments. 47 C.F.R. �� 1.1307(b), 1.1310, 2.1091, and 2.1093. Third Matthews Objection at 2; 42 U.S.C. �� 4321 et. seq. (1976). Second Matthews Objection at 2. Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (Jan. 6, 2009) (``First Congressional''); Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (May 12,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit < < < t � � � � � � � � � � � � < < < Report No. MB/AD-10-02 November 2, 2010 DA 10-2107 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • discoveries. Because we deny the Petitions for Reconsideration, we dismiss the requests for stay as moot. V. ORDERING CLAUSES 21. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. � 470f, and Sections 1.106, 1.1307(a)(4), and 1.1307(a)(5) of the Commission's Rules, 47 C.F.R. �� 1.106, 1.1307(a)(4), 1.1307(a)(5), that the Petition for Reconsideration filed on September 20, 2010, by the Northern Chumash Tribal Council IS DENIED. 22. IT IS FURTHER ORDERED that the Petition for Stay filed on September 17, 2010, by the Northern Chumash Tribal Council IS DISMISSED AS MOOT. 23. IT IS FURTHER ORDERED,
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  • an equipment staging area near the Valley Peak site. The group also requested that a qualified Chumash site monitor be present while the new survey was being conducted. 5. An additional archaeological survey was conducted on February 18 and 19, 2010, by an NPS archaeologist and an independent archaeologist, accompanied by a Santa Ynez Band tribal monitor. 3See 47 C.F.R. �1.1307(a)(4) and Part 1, App. C, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (NPA). 4TCNS Nos. 54336 (Valley Peak) and 54337 (Centinela Peak), submitted July 29, 2009. The TCNS enables federally recognized Indian Tribes to identify geographic areas in which historic properties of cultural and religious significance to them may be located, and provides automatic
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit < < < t � � � � � � � � � � � � < < < Report No. MB/AD-10-03 December 1, 2010 DA 10-2266 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • information. Without this information, we cannot make a finding that extraordinary circumstances require immediate operation and a delay in these operations would seriously prejudice the public interest. If WDR chooses to refile the STA request, it should provide both the full particulars of operation and a justification for the request. In addition, WDR should submit a radiation hazard analysis (See 47�1.1307(b)) and a frequency coordination analysis if required by Section 25.130(b) of the rules, 47 C.F.R. �25.130(b). Accordingly, pursuant to Section 25.112 (a)(1) of the Commission's rules, 47 C.F.R. �25.112(a), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. �0.261, we dismiss this application without prejudice. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International
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  • with the exception of supplying the corrected information, it need not pay an application fee. See47 C.F.R. � 1.1111(d). 2See47 C.F.R. �25.120(a). 17738 Federal Communications Commission DA 10-2421 If WDR chooses to refile the STA request, it should provide both the full particulars of operation and a justification for the request. In addition, WDR should submit a radiation hazard analysis (See47�1.1307(b)) and a frequency coordination analysis if required by Section 25.130(b) of the rules, 47 C.F.R. �25.130(b). Accordingly, pursuant to Section 25.112 (a)(1) of the Commission's rules, 47 C.F.R. �25.112(a), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. �0.261, we dismiss this application without prejudice. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International
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  • to the Commission minor change applications for construction permits (Form 301), specifying the new facilities; Upon grant of the construction permits, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize changes in transmitter location or to avoid the necessity of filing environmental assessments pursuant to 47 CF.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 14. IT IS FURTHER ORDERED, That the counterproposal (RM-11416) filed by Fort Bend Media Broadcasting Company IS GRANTED. 15. IT IS FURTHER ORDERED, That the rulemaking petition (RM-11385) filed by Katherine Pyeatt IS GRANTED. 16. The Commission will send a copy of this Report and Order in a report to
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  • Second Order on Reconsideration, 20 FCC Rcd 4616 (2005) (``ATC Second Reconsideration Order''). ATC Report and Order at �� 2, 20-45, and 210-11. Id. at �240. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; see also 47 C.F.R. �� 1.1307, 17.4, and 17.7. 47 C.F.R. � 25.149(b)(1)-(4). File No. SES-LIC-20061206-02100. See also File Nos. SES-AMD-20061214-02179 (amendment regarding orbital location of SkyTerra-1); SES-AMD-20070309-00336 (amendment to supplement and clarify technical information); and SES-AMD-20070508-00582 (amendment to update and revise technical information). The application with these amendments was placed on public notice in Report No. SES-00931 (May 30, 2007). File No. SES-AMD-20070907-01253. In a
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  • Order and Second Order on Reconsideration, 20 FCC Rcd 4616 (2005) ("ATC Second Reconsideration Order"). 8ATC Report and Orderat �� 2, 20-45, and 210-11. 9Id. at �240. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; see also47 C.F.R. �� 1.1307, 17.4, and 17.7. 1047 C.F.R. � 25.149(b)(1)-(4). 229 Federal Communications Commission DA 10-60 million MSS mobile earth terminals in the United States, which would communicate via TerreStar-1.11In a subsequent amendment to the application, TerreStar also requested authority for U.S. operation of ATC base stations and dual-mode mobile transceivers that could be used to communicate either via the base stations or
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  • antenna gain is 9 dBi for the internal antennas. Specifically, using the internal antennas, the calculated EIRP is 1.514 Watts (31.8 dBm) for the 3.5 megahertz channel and 1.58 Watts (32 dBm) for the 5 megahertz channel. The User Manual for this equipment includes an ``FCC Radiation Hazard Warning'' stating that, ``to comply with FCC RF exposure requirements in Section 1.1307 and 2.1091 of FCC Rules, the antenna used for this transmitter must be kept at a separation distance of at least 20 cm from all persons and must not be co-located or operating in conjunction with any other antenna or transmitter.'' DISCUSSION As an initial matter, we decline to certify Alvarion's BMAX-Si as a fixed station, based on the Commission's
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  • can positively receive and decode an enabling signal transmitted by a registered base station) citing 47 C.F.R. � 90.1333 (WTB 2007) . 1047 C.F.R. � 90.1319(b). 11See47 C.F.R. � 90.203(o); 3650 MHz Order, 20 FCC Rcd at 6527-28 �� 67-69 (2005). 1247 C.F.R. � 90.1335 ("Licensees in the 3650-3700 MHz band are subject to the exposure requirements found in Sections 1.1307(b), 2.1091 and 2.1093 of our Rules."). 133650 MHz Order, 20 FCC Rcd at 6519 � 47. 14MO&O, 22FCC Rcd at 10435 � 36; 47 C.F.R. � 90.1319(c). "Restricted" protocols are those capable of avoiding interference only to other devices using the same protocol. 15MO&O, 22FCC Rcd at 10437-38 �� 41-43. 16MO&O, 22FCC Rcd at 10437-38 � 43. 3864 Federal Communications
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  • MHz frequency bands. 2000 Biennial Regulatory Review - Streamlining and Other Revisions of Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations, Fifth Report and Order, IB Docket No. 00-248, 20 FCC Rcd 5666 (2005). See also Public Notice, DA 09-425 (Feb. 23, 2009). See 47 C.F.R. � 1.1307(b). If Telesat refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). Federal Communications Commission DA 10-99 Federal Communications Commission Washington, D.C. 20554 G H � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS
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  • incomplete and subject to dismissal. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. � 25.112(a)(1) and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. � 0.261, we dismiss Telesat's application without prejudice to refiling.4 Sincerely, Kathyrn Medley Chief, Satellite Engineering Branch Satellite Division International Bureau 3 See47 C.F.R. � 1.1307(b). 4 If Telesat refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1109(d). 383
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  • permits (FCC Form 301) specifying the new facilities; (b) Upon grant of the construction permits and commencement of operations, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 16. IT IS FURTHER ORDERED, that the Petition for Reconsideration filed by East Kentucky Broadcasting Corporation IS GRANTED. 17. IT IS FURTHER ORDERED, that the Petition for Rule Making, RM-10984, filed by East Kentucky Broadcasting Corporation IS REINSTATED AND GRANTED. 18. The Commission will send a
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit < < < t � � � � � � � � � � � � < < < Report No. MB/AD-11-01 August 5, 2011 DA 11-1360 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • may create a hazard to air navigation due to height (generally, structures more than 200 feet [61 meters] tall) or proximity to an airport runway. Under the current ASR program, tower registration applications are categorically excluded from preparation of an EA unless they fall within one of the categories listed in the FCC NEPA regulations found at 47 CFR � 1.1307(a) and (b), which are presented below. The Proposed Action consists of reviewing the existing ASR Program and NEPA compliance procedures to evaluate their effects on migratory birds and other environmental resources, in compliance with the 2008 court decision. The Commission's draft procedures (FCC 2011a), if adopted, would require applicants for new tower registration to provide a public notice and 30-day
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  • ) File No.: EB-09-SE-080 Acct. No.: 201132100035 FRN: 0002701688 Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Airadigm Communications, Inc. dba AirFire Mobile (``Airadigm''). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. MB/AD-11-03 October 5, 2011 DA 11-1678 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit < < < t � � � � � � � � � � � � < < < Report No. MB/AD-11-02 October 17, 2011 DA 11-1723 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit n n n Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ANSYS Inc. Request for Waiver of 47 C.F.R. � 1.1307(b)(2) of Commission Rules Declaratory Ruling Concerning Section 1.1307(b)(2) of Commission Rules ) ) ) ) ) ) ) ) ) ET Docket No. 10-166 Order Adopted: February 1, 2011 Released: February 1, 2011 By the Chief, Office of Engineering and Technology: Introduction This Order grants a waiver to ANSYS Inc. (Ansys) of Sections 1.1307(b)(2) and 2.1093 of the Commission's Rules
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  • Policy Division Wireless Telecommunications Bureau Petitions for Re-Reconsideration and the Setting Aside of FCC Order of November 23, 2010, dated Dec, 29, 2010 (Petition). Although the pleading is styled as encompassing two petitions, the relief sought through ``setting aside'' the earlier order appears to be the same as that sought through reconsideration. 16 U.S.C. � 470f. See 47 C.F.R. � 1.1307(a)(4) and Part 1, App. C, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process. TCNS Nos. 54336 (Valley Peak) and 54337 (Centinela Peak), submitted July 29, 2009. TCNS replies by Freddie Romero, Santa Ynez Band of Chumash Indians, in response to TCNS Nos. 54336 and 54337, dated Aug. 17, 2009. See Letters from Al Martinez, Section
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  • in the proposed locations, and 1Petitions for Re-Reconsideration and the Setting Aside of FCC Order of November 23, 2010, dated Dec, 29, 2010 (Petition). Although the pleading is styled as encompassing two petitions, the relief sought through "setting aside" the earlier order appears to be the same as that sought through reconsideration. 216 U.S.C. � 470f. 3See 47 C.F.R. � 1.1307(a)(4) and Part 1, App. C, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process. 4TCNS Nos. 54336 (Valley Peak) and 54337 (Centinela Peak), submitted July 29, 2009. 1372 Federal Communications Commission DA 11-261 asked the Division to consider the effects of the two proposed communications facilities on historic properties of cultural and religious importance to that
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  • \par \tab Because the Application proposes to construct two additional towers in a flood plain, on September 18, 2008, CAAM submitted an environmental assessment (\'93EA\'94).}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs23\fs22\super {\*\bkmkstart _Ref257806841} \chftn {\footnote \ltrpar \pard\plain \ltrpar\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1307(a)(6). The proposed antennas pre viously were reviewed under the Washington State Environmental Protection Act (\'93SEPA\'94) at the same time as the existing towers and equipment building. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See S-R Broadcasting}{\rtlch\fcs1 \af0 \ltrch\fcs0 , 23 FCC Rcd at 8576, n.7 (explaining the SEPA review process in detail). The SEPA review is final. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i {\*\xmlopen\xmlns2{\factoidname place}}{\*\xmlopen\xmlns2{\factoidname
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  • PRACTICE AND PROCEDURE The authority citation for Part 1 continues to read as follows: Authority: 15 U.S.C. � 79 et seq.; 47 U.S.C. �� 151, 154(j), 160, 201, 225, and 303. 2. Section 1.61 is amended by revising paragraph (a)(2) to read as follows: � 1.61 Procedures for handling applications requiring special aeronautical study. ***** (2) In accordance with � 1.1307 and � 17.4(c) of this chapter, the Bureau will address any environmental concerns prior to processing the registration. ***** 3. Section 1.923 is amended by revising paragraphs (d) and (e) to read as follows: � 1.923 Content of applications. ***** (d) Antenna Structure Registration. Owners of certain antenna structures must notify the Federal Aviation Administration and register with the Commission
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  • AND PROCEDURE 1.The authority citation for Part 1 continues to read as follows: Authority: 15 U.S.C. � 79 et seq.; 47 U.S.C. �� 151, 154(j), 160, 201, 225, and 303. 2. Section 1.61 is amended by revising paragraph (a)(2) to read as follows: � 1.61 Procedures for handling applications requiring special aeronautical study. (a) ***** (2) In accordance with � 1.1307 and � 17.4(c) of this chapter, the Bureau will address any environmental concerns prior to processing the registration. ***** 3. Section 1.923 is amended by revising paragraphs (d) and (e) to read as follows: � 1.923 Content of applications. *****(d) Antenna Structure Registration.Owners of certain antenna structures must notify the Federal Aviation Administration and register with the Commission as required
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  • developed by the Institute of Electrical and Electronics Engineers, Inc. (``IEEE'') and adopted by the American National Standards Institute (``ANSI'') in section 4.1 of ``IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. � 1.1310, Table 1 and Note 2. See 47 C.F.R. �� 1.1307(b), 1.1307(b)(1), 1.1307(b)(5); Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538, 13540. See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public Notice,
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  • operations would seriously prejudice the public interest. See 47 �25.120(b)(1). If Afren chooses to refile the STA request, it should provide both the full particulars of operation and a justification for the request. See Section �25.134 of the Commission's rules for licensing provisions for VSAT networks47 C.F.R. �25.134. In addition, Afren should submit a radiation hazard analysis (see 47 C.F.R. �1.1307(b)) and a frequency coordination analysis if required by Section 25.130(b) of the rules, 47 C.F.R. �25.130(b). Accordingly, pursuant to Section 25.112 (a) (1) of the Commission's rules, 47 C.F.R. �25.112(a), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. �0.261, we dismiss this application without prejudice. Sincerely, Paul Blais Chief, Systems Analysis Branch Satellite Division International
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  • operations would seriously prejudice the public interest. See 47 �25.120(b)(1). If Afren chooses to refile the STA request, it should provide both the full particulars of operation and a justification for the request. See Section �25.134 of the Commission's rules for licensing provisions for VSAT networks47 C.F.R. �25.134. In addition, Afren should submit a radiation hazard analysis (see 47 C.F.R. �1.1307(b)) and a frequency coordination analysis if required by Section 25.130(b) of the rules, 47 C.F.R. �25.130(b). 1If WDR refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See47 C.F.R. � 1.1111(d). 80 Federal Communications Commission DA 11-9 Accordingly, pursuant to Section 25.112 (a) (1) of the
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  • refiling. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau The conventional Ku-band encompasses the 11.7 - 12.2 MHz and 14.0-14.5 frequency bands. If Alabama Educational refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1111(d). 47 C.F.R. � 1.1307(b). Federal Communications Commission DA 12-364 Federal Communications Commission Washington, D.C. 20554 c d g h T�RΞ&��PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN
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  • E28, E43/44, E45-E49, E50, E51-E60 in Schedule B of its application. 1 The conventional Ku-band encompasses the 11.7 �12.2 MHz and 14.0-14.5 frequency bands. 2 If Alabama Educational refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. � 1.1111(d). 3 47 C.F.R. � 1.1307(b). 2363 Federal Communications Commission DA 12-364 In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. � 25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. � 0.261, we dismiss the Alabama Educational application without prejudice to refiling. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau
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  • See In the Matter of Effects of Communications Towers on Migratory Birds, WT Docket No. 03-187, Notice of Proposed Rulemaking, 21 FCC Rcd 13241 (2006). See also Opening of Docket in Response to American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (D.C. Cir. 2008), WT Docket No. 08-61, Public Notice, 23 FCC Rcd 7163 (WTB 2008). 47 C.F.R. � 1.1307. In the Matter of National Environmental Policy Act Compliance for Proposed Tower Registrations, In the Matter of Effects of Communications Towers on Migratory Birds, WT Docket Nos. 08-61, 03-187, Order on Remand, 26 FCC Rcd 16700, 16730-34, paras. 77-84 (2011) (Order on Remand). Id. at 16715-30, paras. 37-76. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554
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  • notification. 6See In the Matter of Effects of Communications Towers on Migratory Birds, WT Docket No. 03-187, Notice of Proposed Rulemaking, 21 FCC Rcd 13241 (2006). See alsoOpening of Docket in Response to American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (D.C. Cir. 2008), WT Docket No. 08-61, Public Notice, 23 FCC Rcd 7163 (WTB 2008). 747 C.F.R. � 1.1307. 8In the Matter of National Environmental Policy Act Compliance for Proposed Tower Registrations, In the Matter of Effects of Communications Towers on Migratory Birds, WT Docket Nos. 08-61, 03-187, Order on Remand, 26 FCC Rcd 16700, 16730-34, paras. 77-84 (2011) (Order on Remand). 9Id.at 16715-30, paras. 37-76. 2493 The FCC has established a website, http://www.fcc.gov/pea, which contains information and downloadable
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit @ h h h h h h h h h 4 Report No. MB/AD-12-01 March 30, 2012 DA 12-503 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed with the Office of the Secretary within 30 days from the date of
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  • this earth station expired in June 2004. If KSBJ seeks to reinstate operations on this earth station on a regular basis, it must file an application for a full license to operate this earth station. This application must be filed on FCC Form 312, with associated schedules (see 47 C.F.R. ��25.115 and 25.130), a radiation hazard analysis (see 47 C.F.R. ��1.1307(b) and Form 312, item 28), and a frequency coordination report (see 47 C.F.R. �25.130(b)). If KSBJ chooses to refile a request for special temporary authority at the same time it files an application regular authority, it must provide both the full particulars of the temporary operations and a justification for the request. See 47 C.F.R. �25.120(a). Accordingly, pursuant to Section
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  • in June 2004. If KSBJ seeks to reinstate operations on this earth station on a regular basis, it must file an application for a full license to operate this earth 320 Federal Communications Commission DA 12-58 station. This application must be filed on FCC Form 312,with associated schedules (see 47 C.F.R. ��25.115 and 25.130), a radiation hazard analysis (see47 C.F.R. ��1.1307(b) and Form 312, item 28), and a frequencycoordination report (see47 C.F.R. �25.130(b)). If KSBJ chooses to refile a request for special temporaryauthority at the same time it files an application regular authority, it must provide both the full particulars of the temporaryoperations and a justification for the request. See 47 C.F.R. �25.120(a). Accordingly, pursuant to Section 25.112 (a)(1) of the
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  • Acct No.: 201232100026 ) ) FRN: 0013457312 Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the
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  • the source of the transmission. ORBCOMM calculates its METs' field strength at 24.50 V/m, even without factor ing in a duty cycle. Id., 6 6. The currently applicable standard for these frequency bands under Commission Rules resides in ANSI C95.1-1982, and is 1 mW/cm2. ANSI C95.1-1982 summa rily excludes devices operating at or below 5 watts. See 47 C.F.R. � 1.1307(b). However, in uncontrolled environ- 1 ORBCOMM has been authorized to construct, launch, and operate an NVNG MSS system using the 137-138 MHz and 148-149.9 MHz frequency bands, subject to conditions. See Or der and Authorization, 9 F.C.C. Red 6476 (1994) (Licensing Order). 2 STARSYS's and VITA's applications are pending before the Commission. For a more detailed summary of the applications,
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  • carriage and therefore need not be regulated under Title II of the Communications Act.16 9. CSCI has provided the information required by Sec tion 1.767 of the Commission's rules.17 Based on the in formation provided by CSCI, we conclude that the grant of the requested authorization will not have a significant ef fect on the environment as defined in Section 1.1307 of the Commission's Rules and Regulations implementing the Na tional Environmental Policy Act of 1969.18 Consequently, no environmental assessment is required to be submitted with this application under Section 1.1311 of the Commis sion's rules.19 10. Accordingly, in view of the above, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of a
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  • MMS terminal of 1 minute over any 30 minute period. 45 ET Docket No. 93-62 addresses revised standards for radiofrequency radiation emissions, including exposure guide lines for people using various kinds of radio transmitting de vices. The currently applicable standard for these frequency bands under Commission Rules is in ANSI C95-. 1-1982, and is 5 mW/cm2 . See 47h),C.F.R. � 1.1307(b). 46 The Special Temporary Authority issued to permit AMSC to utilize its AMSC-1 space segment to support its existing lower L-band METs expires 180 days from release of this order. Any subsequent extensions will in no event extend beyond the life of the waiver. 10463 DA 95-1701 Federal Communications Commission Record 10 FCC Red NO. 20 FEDERAL COMMUNICATIONS COMMISSION Scott
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  • AMSC adds, the trans mitter power level will be reduced to maintain the same maximum EIRP (16.5 dBW). AMSC further states that the maximum permissible exposure (MPE) separation distance for METs using these antennas will remain unchanged.14 Based on the foregoing, we find that this modification, for voice METs using the medium-gain antennas, does not alter existing compliance with Section 1.1307(b) of the Rules. 6. The other four antenna types, which were not among those authorized in the display separation distances that are significantly greater than those of the medium-gain antennas. For the transportable and mobile high-gain METs, for example, the separation dis tance to establish the MPE limit under IEEE/ANSI C95.1-1992 of 1.1 mw/cm2 is about 22 inches.15 For the
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  • power density at the beginning of the far field is 0.10 mW/cm2. 29 ET Docket No. 93-62 addresses revised standards for radiofrequency radiation emissions, including exposure guide lines for people using various kinds of radio transmitting de vices. The currently applicable standard for these frequency bands under Commission Rules is in ANSI C95-.1-1982, and is 5 mW/cm2. 47 C.F.R. � 1.1307(b). 10955 DA 95-1919 Federal Communications Commission Record 10 FCC Red No. 21 IV. CONCLUSION 23. Our authorization to Rockwell to operate up to 30,000 data METs using AMSC-1 space segment represents a further step in the creation of competition in the provi sion of messaging service on a worldwide basis. Accord ingly, we find, pursuant to sections 309 and 319
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  • 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, 23, 90 and 94 of the Rules, and were excluded in the
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  • license will be considered final unless we issue a public notice to the contrary no later than sixty days after receipt of the specific description of the landing points. 11. Based on the information provided by Bahamas Express, we conclude that the grant of the requested authorizations will not have a significant effect on the environment as defined in Section 1.1307 of the Commission's rules and regulations implementing the National Environmental Policy Act of 1969.23 Consequently, no environmental assessment is required to be submitted with these applications under Section 1.1311 of the Commission's rules.24 12. Accordingly, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of the license to Bahamas Express, as conditioned below.
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  • FCC Red at 2688; Transnational Telecom Ltd., 5 FCC Red at 600. 30 See Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, Report and Order, FCC 96-79 (rel. Mar. 13, 1996) 21 47 C.F.R. � 1.767(a)(5). 11892 of the requested authorizations will not have a significant effect oh the environment as defined in Section 1.1307 of the Commission's rules and regulations implementing the National Environmental Policy Act of 1969.22 Consequently, no environmental assessment is required to be submitted with these applications under Section 1.1311 of the Commission's rules.23 12. Accordingly, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of the license to Asia Direct, as conditioned below.
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  • than sixty days after receipt of the specific descriptions of landing points; (6) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cables at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (7) The Licensee shall maintain no less than a 50-percent ownership interest and voting control share in the cables, including
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  • the 16846 Federal Communications Commission DA 96-1815 specific descriptions of landing points; (6) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (7) The Licensee shall maintain no less than a 50-percent ownership interest and voting control share in the cable, including
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  • than sixty days after receipt of the specific descriptions of landing points; (7) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cables at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) The Licensee shall maintain no less than a 50-percent ownership interest and voting control share in the cables, including
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  • of operating throughout the 1616-1626.5 MHz band. We see no reason to withhold corresponding construction authority in this instance. 16. Radiation hazard. The application indicates, by the entry of a check-mark in the "No" column in response to question 25 of FCC Form 493, that operation of the METs would not have a significant environmental impact as defined by Sect. 1.1307 of the FCC's rules. The assertion is not supported, however, by a specific showing of compliance with the pertinent radio-frequency protection standard cited in 1.1307(b). The license grant is conditioned on prompt correction of this omission. herein to require compliance with whatever applicable restrictions are subsequently incorporated in the FCC's rules to that end. See ^21, below. p 9 FCC
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  • the cable for the provision of U.S. international services in the context of an appropriate Section 214 application.66 E. Environmental Impact 68. AT&T-SSI has provided the information required by Section 1.767 of the Commission's rules.67 Based on this information, we conclude that grant of the requested authorization will not have a significant effect on the environment as defined in Section 1.1307 of the Commission's Rules and Regulations implementing the National Environmental Policy Act of 1969.68 Consequently, no environmental assessment is required to be submitted with this application under Section 1.1311 of the Commission's rules.69 IV. Conclusion 69. We conclude that AT&T-SSI is not a "telecommunications carrier" as defined by the 1996 Act. In applying the NARUC I standard, we conclude that
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  • we believe that the OOBE limits we adopt herein will limit such occurrences, and that in adopting these limits we have satisfied the Congressional concern to ensure that public safety licensees are protected from interference. 3. RF Safety/Power Limits 108. Background. Section 27.52 of the Commission's Rules237 subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must be performed.258 In adopting the rule, we concluded that routine environmental evaluations for RF exposure are required for applicants desiring to use the following types of We believe that it would be more difficult for manufacturers to produce mobile and portable
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  • Date Effective: 05/08/2000 Class of Station: Fixed Earth Stations Grant of Authority Nature of Service:Domestic Fixed Satellite Service, International Fixed Satellite Service SITE ID: 1 46740 Lakeview Boulevard, Alameda, Fremont, CA LOCATION: E000169 SES-LIC-20000417-00594 VIA SKY COMMUNICATIONS Application for Authority Date Effective: 05/05/2000 Class of Station: Dismissed by Commission Order This application has been dimissed pursuant to 47 C.F.R., Section 1.1307. E990277 SES-MOD-20000211-00210 LORAL CYBERSTAR, INC. Application for Modification 10/19/1999 - 10/19/2009 Date Effective: 05/05/2000 Class of Station: Fixed Earth Stations Grant of Authority Nature of Service:Domestic Fixed Satellite Service, International Fixed Satellite Service SITE ID: 1 LORAL CYBERSTAR, INC. 1305 INDUSTRIAL PARK ROAD, SHENANDOAH, MT. JACKSON, VA LOCATION: E980101 SES-MOD-20000215-00195 GANNETT RIVER STATES PUBLISHING CORPORATION C/O GANNETT CO., INC. Application
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit NA STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-00-47 June 2, 2000 RE: APPLICATIONS ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the application(s) for antenna structure registration listed herein for environmental action, pursuant to 47 C.F. R. � 1.1307(a) are ACCEPTED for filing. No Registration for an application to register an antenna structure listed herein will be issued earlier than 31 days after the date of the Public Notice so that the Bureau may address the environmental factors relating to the application(s), pursuant to 47 C.F.R. 17.4(c). Objections to the application(s) based on environmental considerations may be filed no
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 31. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Capstar TX Limited Partnership for Station WRTR, Channel 288A, Tuscaloosa, Alabama, IS MODIFIED, to specify operation on Channel 290C3 at Brookwood, Alabama, subject to the following conditions: (a) Within 90 days of the effective date
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  • errata make the following changes to the Notice of Proposed Rulemaking, In The Matter of Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, FCC 03-125, released on June 9, 2003. 1. Paragraph 5 is amended to read as follows: Finally, in conjunction with the proposed execution of the Nationwide Agreement, we propose to revise Section 1.1307(a)(4) of our rules. Under Section 1.1307(a)(4), applicants are required to evaluate whether their proposed facilities may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places and, if so, to file an Environmental Assessment and obtain a Finding of
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Old Belt Broadcasting Corporation for Station WKSK-FM, South Hill, Virginia, IS MODIFIED to specify operation on Channel 270A at South Hill, Virginia, subject to the conditions that: (a) Within 90 days of the effective date
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  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(l), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
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  • such act more than once or for more than one day. Section 1.1310 of the Rules requires licensees to comply with RFR exposure limits. Table 1 in Section 1.1310 of the Rules provides that the general population RFR maximum permissible exposure limit for a station operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2. Section 1.1307(b)(3) of the Rules states in part that ``when the guidelines specified in Section 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power
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  • entirely avoid, an adverse effect, the Commission remains obligated as the responsible Federal agency under the NHPA to review and proceed with a Memorandum of Agreement (MOA). The FCC will invite the affected Tribes to be consulting and signing parties for any such MOA. A Resolution Plan does not supersede, or in any way alter, the Applicant's responsibilities under Section 1.1307(a)(4) of the Commission's environmental rules. If the Applicant chooses to abandon the tower site in favor of an alternate tower site, it should discuss and identify alternative project sites that will be acceptable to the Tribe. H. Written Request for Review Follow-up Contacts and Consultation. The Tribe should respond to an Applicant's Written Request for Review within thirty (30) calendar
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  • ) ) ) ) ) WT Docket No. 03-128 ERRATUM Released: December 2, 2004 By the Chief, Wireless Telecommunications Bureau: 1. On October 5, 2004, the Commission released a Report and Order, FCC 04-222, in the above captioned proceeding. This erratum makes the following correction to the Report and Order: In Appendix D, revise the final rule text for Section 1.1307(a)(4) of the Commission's rules, 47 C.F.R. sec. 1.1307(a)(4), by deleting this sentence: ``The National Register is updated and re-published in the FEDERAL REGISTER each year in February.'' 2. Accordingly, IT IS ORDERED that this Erratum IS ISSUED pursuant to Section 0.331 of the Commission's rules on delegated authority, 47 C.F.R. � 0.331, and that these corrections SHALL BE INCLUDED in
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  • and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). 47 U.S.C. � 503(b). All broadcast licensees were required to come into compliance with RFR MPE limits as of September 1, 2000 or file an Environmental Assessment. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. � 1.1307(b)(5). In addition, all broadcast licensees must demonstrate compliance with the RFR MPE limits, or file an Environmental Assessment and undergo environmental review by Commission staff, when filing for an initial construction permit, license, renewal or modification of an existing license. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. �
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  • by the RF contribution of other stations whose total RFR contributions exceed the MPE limits, may find itself in violation. Consequently, we require licensees to work together to ensure compliance. As Infinity contributed over 5% of the total RFR exceeding the general population and occupational MPE limits, it is equally responsible for bringing the area into compliance, according to Section 1.1307 of our Rules. Based on the evidence, we find that Infinity produced power density levels more than 5% of its general population and occupational limits and failed to bring the areas into compliance in apparent willful and repeated violation of Section 1.1310 of the Rules. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate
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  • American National Standards Institute (``ANSI'') in Section 4.1 of ``IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. � 1.1310, Note 1 to Table 1. 47 C.F.R. � 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65. See 47 C.F.R. �� 1.1307(b), 1.1307(b)(1), 1.1310. 47 C.F.R. � 1.1310. Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. � 1.1307(b). Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. � 1.1307(b)(5). See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human
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  • 4/25/2005 per the applicant's request via Public Notice only. (no letter sent) CSN INTERNATIONAL KDJC 121839 BMPED-20050330ANH OR FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , WHITEHALL 91.5 MHZ P OH CP FOR NEW FM EDUC. ON FREQ: 91.5 MHZ; ERP: 0.25 KW (H&V); HAAT: 286 METERS (H&V); 39 56 16 83 01 16 MAJOR ENVIRONMENTAL ACTION UNDER SECTION 1.1307 OF FCC RULES SUPPLEMENT FILED 7/16/2001. Settlement filed 8/2/2004 for MX group 92102E to dismiss BPED-19921026MA, BPED-19921104MA and to grant BPED-19921029MB. LOU SMITH MINISTRIES, INC. 921026MA 38467 BPED-19921026MA OH Page 6 of 21 Broadcast Actions 4/28/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media
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  • Technology: 1. On March 16, 2005, the Commission released a Report and Order and Memorandum Opinion and Order, FCC 05-56, in the above captioned proceeding. This erratum makes the following corrections to the Report and Order and Memorandum Opinion: (a) Revise Appendix A (``Final Rules'') by deleting the references to ``Part 26'' and the ``General Wireless Communications Services'' in Sections 1.1307, 2.1091 and 2.1093 of the amended rules. (b) Revise Appendix A (``Final Rules'') by changing Section 90.1311 to read as follows: ``The license term is ten years, beginning on the date of the initial authorization (non-exclusive nationwide license) grant. Registering fixed and base stations will not change the overall renewal period of the license.'' >." (d) Revise Appendix E (``List
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  • Historic Preservation, to Federal Communications Commission, State Historic Preservation Officer and Tribal Historic Preservation Officers, dated August 21, 2000, regarding Delegation of Authority for the Section 106 Review of Telecommunications Projects. In general, the Commission requires its applicants to undertake the steps necessary to determine whether an undertaking will have an adverse effect on historic properties. See 47 C.F.R. �� 1.1307(a)(4), 1.1312. Due to the unique circumstances of this case, the Division is directly requesting the SCSHPO's views. 36 C.F.R. � 800.5(c). Petition for Writ of Mandamus, In re: Tennant, No. 02-1060 (D.C. Cir.). See Letter from SCSHPO to R.S. Webb Associates (consultant for BellSouth Mobility, Inc.), dated September 10, 1996. See Letter from Jeffrey Steinberg, Esq., Deputy Chief, Commercial Wireless
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Magnum Communications, Inc., licensee of Station WBKY(FM), Portage, Wisconsin, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for FM Station WBKY to specify operation
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-06-61 August 18, 2006 RE: APPLICATIONS ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the application(s) for antenna structure registration listed herein for environmental action, pursuant to 47 C.F. R. � 1.1307(a) are ACCEPTED for filing. Because of recent events in Washington, D.C., resulting in the disruption of regular mail delivery and of the processing of other deliveries, the Commission released, on November 29, 2001, an Order temporarily amending certain procedural rules on an emergency basis. See "Implementation of Interim Electronic Filing Procedures for Certain Commission filings", FCC 01-345, Order, (rel. November
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  • 6 proposed rulemaking seeking public comment on the proposed agreement and a draft amendment to its regulations that would incorporate the NPA into the Commission's rules. See Notice of Proposed Rulemaking, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, 18 F.C.C.R. 11664 (2003) ("Notice of Proposed Rulemaking" or "NPRM") (proposing to amend 47 C.F.R. � 1.1307(a)(4)). On January 4, 2005, following the notice and comment period, the FCC issued the NPA Order, in which the FCC adopted its proposed changes. See NPA Order, 20 F.C.C.R. at 1074 � 1. In the NPA Order, the FCC concluded that construction of a wireless communications tower constitutes an "undertaking" subject to section 106 of the NHPA. Id. at 1082-
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  • application for a construction permit (Form 301), specifying coordinates consistent with this Order; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau (continued....) Federal Communications Commission DA 07-2092 Federal Communications Commission DA 07-2867 �@��� �@��� �@��� �@��� �@��� �@��� h� h� �@��� h� �@��� h� 1 0 1 � � � � � 1� �@��� @& � � Y �
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  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 22 FCC Rcd 11059 (2007). Federal Communications Commission DA 07-3700 Federal Communications Commission DA 07-3700 & ' D E % & ' C D E F H � � � � � � � � � � �
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  • FCC Rcd 13494 (1997) (``Guidelines''). 47 C.F.R. � 73.1350(a). 47 C.F.R. � 73.3527(a). 47 U.S.C. � 503(b). All broadcast licensees were required to come into compliance with RFR MPE limits as of September 1, 2000 or file an Environmental Assessment. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. � 1.1307(b)(5). In addition, all broadcast licensees must demonstrate compliance with the RFR MPE limits, or file an Environmental Assessment and undergo environmental review by Commission staff, when filing for an initial construction permit, license, renewal or modification of an existing license. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. �
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  • or require that the Commission take action," NPRM, 21 F.C.C.R. at 13,256; (2) "particular steps the Commission might take if there is probative evidence of a sufficient environmental effect to warrant Commission action" such as lighting specifications, use of guy wires, tower height, etc., id.; and (3) "whether to add an additional criterion for requiring an [environmental assessment] to Section 1.1307(a) of our rules," id. at 13,257. At best, the Commission's consideration of the "legal framework" may better inform it of the � 34. The Commission "tentatively" proposed that communications towers use "medium intensity white strobe lights" rather than red lights that may present a higher risk of tower kill. Id. at 13,242-43 � 3. The comment period in the nationwide
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  • American National Standards Institute (``ANSI'') in Section 4.1 of ``IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. � 1.1310, Note 1 to Table 1. 47 C.F.R. � 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65. See 47 C.F.R. �� 1.1307(b), 1.1307(b)(1), 1.1310. 47 C.F.R. � 1.1310. Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. � 1.1307(b). Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. � 1.1307(b)(5). See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human
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  • the Commission, (2) is filing updated ownership data simultaneously with this application, or (3) is not required to file ownership data under the Commission's Rules. 6) The Applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set forth in 47 C.F.R. 1.1307(b); or, (2) have been found not to cause human exposure to levels of radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093; or, (3) are the subject of one or more Environmental Assessments filed with the Commission. 7) The Applicant certifies that it has reviewed the appropriate Commission Rules defining eligibility to hold the requested
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  • item is required for compliance with the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321- 4335. See also Part 1, Subpart I of the FCC rules (47 CFR 1.1301 - 1.1319). This item must be answered, either 'Y' or 'N'. Enter 'Y' if an FCC grant of this application will have a significant environmental effect. Section 1.1307 of the FCC rules lists categories of environmental effects for which Applicants must file an environment assessment. Other wise enter 'N'. Examples of facilities that may have a significant effect on the environment include: An antenna structure located in a residential area (as defined by applicable zoning laws) that will utilize high intensity aviation obstruction lighting A facility located in
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  • Bureau's Philadelphia Office and the FCC's Office of Engineering Technology inspected MetroPCS's transmitting facility located at 216-19th Avenue, Queens Village, New York, and observed the following violation: 47 C.F.R. � 1.1310: ``Radiofrequency radiation exposure limits. The criteria listed in table 1 shall be used to evaluate the environmental impact of human exposure to radiofrequency (RF) radiation as specified in � 1.1307(b) . . . .'' During the inspection, agents observed that station WQGA731 operated with a panel antenna located on the roof of the building located at 216-19 90th Avenue. The antenna faced and extended onto the roof of the adjoining building at 216-17 90th Avenue and the antenna was accessible at body height to individuals standing on the adjoining roof.
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  • may create a hazard to air navigation due to height (generally, structures more than 200 feet [61 meters] tall) or proximity to an airport runway. Under the current ASR program, tower registration applications are categorically excluded from preparation of an EA unless they fall within one of the categories listed in the FCC NEPA regulations found at 47 CFR � 1.1307(a) and (b), which are presented below. The Proposed Action is to modify the ASR Program and associated NEPA compliance procedures, and in so doing to reduce the program's impacts on migratory birds to the extent consistent with achieving the program's purposes and with the Commission's authority under the Communications Act. This PEA reviews the existing ASR Program and NEPA compliance
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  • the incumbent files an application for new facilities would not encompass incumbent relocations to wireline networks because under Section 63.01 of the Commission's rules, construction of new domestic transmission lines does not require prior authorization from the Commission, unless the transmission will use radio frequencies or the construction would have a significant effect on the environment as detailed in Section 1.1307 of the Commission's rules. See 47 C.F.R. �� 63.01, 1.1307. See Letter from Mark E. Crosby, Industrial Telecommunications Association, Inc., to David Furth, FCC, dated June 10, 1997, at 8. See 47 C.F.R. � 101.305. See 47 C.F.R. � 24.245(a)(2). See 47 C.F.R. � 24.245(a)(1). See API Petition at 5 n.2; Southern Company Comments at 5; UTC Comments at 7-8.
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  • requirement. Further, we proposed to remove the current 80 km coordination distance, and instead require that 24 GHz band licensees coordinate their facilities whenever their facilities have line-of-sight into other 24 GHz band licensees' facilities or are within the same geographic area. We also proposed that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091 and 2.1093 of the Commission's Rules. Emission Mask Many commenters suggest that the proposed emission mask requirement in Section 101.111(a)(5) is inappropriate for the 24 GHz band and request that we instead apply the emission mask set forth in Section 101.111(a)(2)(ii) of our Rules. One commenter notes that the proposed mask is too lax with regard to channel roll
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  • See ImplementationofSection207oftheTelecommunicationsActof1996andRestrictionsonOver-the-Air ReceptionDevices:TelevisionBroadcast,MultichannelMultipointDistributionandDirectBroadcastSatellite Services,SecondReportandOrderinCSDocketNo.96-83,13FCCRed23874,23883-85, (1998) (OTARDSecondReportandOrder). WenotethatthisholdingisbeingappealedintheU.S.CourtofAppealsinthe D.C.Circuit. 289Id. 290 See GuidelinesforEvaluatingtheEnvironmentalEffectsofRadiofrequencyRadiation,ETDocketNo.93-62, ReportandOrder, 11FCCRed15123,15124,15152(1996);47C.F.R.��1.l307(b)(1),1.1310. 291 47C.F.R.�1.4000(b). 292 See RulemakingtoAmendParts1,2,21,and25oftheCommission'sRulestoRedesignatethe27.5-29.5GHz FrequencyBand,ToReallocatethe29.5-30.0GHzFrequencyBand,ToEstablishRules Policies Local (continued....) 23035 FederalCommunicationsCommission FCC00-366 minimumseparationdistancesrequiredbetweenusersandradiatingantennastomeettheCommission's radiofrequencyexposureguidelines. LabelsshouldalsoincludereferencetotheCommission's applicableradiofrequencyexposureguidelines. In addition,theinstructionmanualsandother informationaccompanyingsubscribertransceiversshouldincludeafullexplanationofthelabels,aswell asareferencetotheapplicableCommissionradiofrequencyexposureguidelines.Whilewewi11require licenseestoattachlabelsandprovideuserswithnoticeofpotential1yharmfulexposuretoradiofrequency electromagneticfields,wewillnotmandatethespecificlanguagetobeused.However,wewillrequire useoftheANSI-specifiedwarningsymbolforradiofrequencyexposure.293 119. Moreover,itisrecommendedthattwo-wayfixedwirelesssubscriberequipmentbe installedbyprofessionalpersonnel,therebyminimizingthepossibilitythattheantennawil1beplacedin alocationthatislikelytoexposesubscribersorotherpersonstothetransmitsignalatcloseproximity andforanextendedperiodoftiine.294Totheextentthatlocalgovernments,associations,andproperty ownerselecttorequireprofessionalinstallationfortransmittingantennas,theusualprohibition295ofsuch requirementsundertheOTARDruleswil1notapply.296 120. WealsonotethattheCommissionplanstoinitiatearulemakingproceedingtoreview and,wherenecessary,harmonizetheCommission'sregulationsconcerningtransceiverequipment approvalforradiofrequencyexposure. (Continuedfrompreviouspage)------------- MultipointDistributionServiceandforFixedSatelliteService,CCDocketNo.92-297, SecondReportandOrder, OrderonReconsideration,andFifthNoticeofProposedRulemaking,12FCCRcd12545,12670, 295(1997) (LMDSOrder);AmendmentofParts21and74toEnableMultipointDistributionServiceandInstructional TelevisionFixedServiceLicenseestoEngageinFixedTwo-WayTransmissions,MMDocketNo.97-217, Report andOrder,13FCCRcd19112,19129, 37(1998)(MDSIITFSOrder);AmendmenttoParts1,2,87and101ofthe Commission'sRulestoLicenseFixedServicesat24GHz,WTDocketNo.99-327, ReportandOrder,FCC00-272 (reI.August1,2000);47C.F.R.�1.1307(b)(l). 293 SeeEvaluatingCompliancewithFCCGuidelinesforHumanExposuretoRadiofrequencyElectromagnetic Fields,FCCOfficeofEngineeringandTechnology(OET),OETBulletin65,August,1997,at53(availableat http://www.fcc.gov/oet/info/documents/bulletins/#65). 294 See,e.g.,LMDSOrder,12FCCRcdat12670.Wenotethatprofessionalinstallationisinfactrequiredfor certainantennasusedforMDSandITFSundertheCommission'srules. See47C.F.R.��21.909(n),74.939(p). 295 See,e.g.,DeclaratoryRulingInreMacDonald,13FCCRcd4844,4853, 28(CSB,1997)(prohibitingalocal governmentregulationrequiringOTARDuserstohireaninstaller). 296IntheLMDSandMMDSproceedings,wealsostronglyencouragedtheuseofsafetyinterlockfeaturesonthe subscriberunitsthatwouldpreventatransceiverfromcontinuingtotransmitwhenblocked,totheextentthatsuch featurescouldbemadeavailableatareasonablecost. SeeLMDSOrder,12FCCRcdat12670, 296;MDSIITFS Order,13FCCRcdat19129, 38;seealsoAmendmentofParts21and74toEnableMultipointDistribution ServiceandInstructionalTelevisionFixedServiceLicenseestoEngageinFixedTwo-WayTransmissions,MM DocketNo.97-217, ReportandOrderonReconsideration,14FCCRcd12764,12779, 29(1999)(rulesamended toprovideforapositive"interlock"featurethatpreventsinadvertentactivationofanewlyinstalledresponse transmitterwhentheresponseantennaisnotproperlyinstalledsoastoreceivesignalsfromtheassociatedmainor boostertransmitters).WedonotprecludethepossibilitythatrequirementsofsuchinterlockfeaturesbyStateor localgovernments,homeownerassociations,buildingowners,orotherthirdpartiescouldunderappropriate circumstancesbejustifiedunderthesafetyexceptioninSection1AOOO(b)iftherequirementpromotesaclearly defined,legitimatesafetyobjectiveandisnomoreburdensomethannecessary.Inaddition,wedonotprecludethe possibilitythattheCommissioncouldinthefuturerequiresafetydevicesforsomecustomer-endtransmitters,such asthosethattransmitabovesomethresholdlevelofradiatedpower. 23036 FederalCommunicationsCommission FCC00-366 121. Finally,wedeclinetoprepareanenvironmentalimpactstatementontheextensionofthe Commission'sOTARDrulestocustomer-endantennasusedforthetransmissionorreceptionoffixed wirelesssignals,asrequestedinarecently-filedpetitionbyseveralmunicipalorganizations.297With respecttotheasbestosandothersafetyconcernsraisedbythepetitioners,298wefindthattheexceptions intheOTARDrulesforsafety,whichcontinuetoapplytotherevisionshere,adequatelyaddressthose concerns.299Specifically,Section1.4000(b)(1)providesthatanyrestrictionotherwiseprohibitedbythe OTARDrulesispermittedifnecessarytoaccomrlishaclearlydefined,legitimatesafetyobjectiveandis nomoreburdensomethannecessarytoachievethatobjective.30o 122. WithrespecttotheconcernsregardingtheeffectoftheextensionofourOTARDrules onseveralspeciesofbirdsthatnestonrooftopsandledges/OJwebelievethattheeffectwillbeminimal because,asdiscussedabove,ourextensionoftheOTARDrulesappliesonlytoareaswithinthe exclusiveuseorcontroloftheantennauserandinwhichtheantennauserhasadirectorindirect ownershiporleaseholdinterest.302Generally,antennausersdonothavetherequisiteexclusiveuseor controloverrooftopsorledgesofthetypeorlocationdescribed,suchasinhigh-riseMDUsorMTEs. Moreover,totheextentthatspecialcasesdoarise,theycanbeaddressedunderthewaiverand declaratoryrulingprovisionsoftherules.303 123. Regardingaestheticsconcernsraisedbypetitioners/04weconcludethatthe environmentaleffectsoftheend-userfacilitiessubjecttotheextensionoftheOTARDruleswouldbe 297 See NationalLeagueofCities,etal.PetitionforEIS.Weaddresspetitioners'concernregardingissuesrelatedto Section224inpara.85supra.TotheextentthattheEISpetitionexpressesconcernregardingissuesraisedinthe NoticeofInquiryportionoftheCompetitiveNetworksNPRM,thoseissueswillbeaddressedseparatelyatanother
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  • whose service areas encompass certain major waterways to provide coverage to those waterways. Consistent with the rules for VHF public coast stations, all base stations and land units would be blanket licensed under the geographic area license, except that we propose to require geographic area licensees to individually license any base station that requires an Environmental Assessment pursuant to Section 1.1307 of the Commission's Rules or international coordination, or would affect the radio frequency quiet zones described in Section 80.21 of the Commission's Rules, or would require broadcaster notification and an engineering study under our rules. We seek comment on this proposal. Currently, our rules provide that an applicant for a station falling within the broadcaster notification and engineering study requirements,
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  • Comments at 17. See RF Procedures Notice, 12 FCC Rcd at 13552, � 142. See 47 U.S.C. � 301. See Cellular Phone Taskforce, 205 F.3d at 95-96. See Local Official's Guide at 10. The provision of such information is consistent with the operator's affirmative obligation to confirm compliance for all facilities that are not categorically excluded. See 47 C.F.R. � 1.1307(b). In addition, we note that an operator must evaluate and determine compliance for a facility that is otherwise categorically excluded if specifically requested to do so by the Commission. See 47 C.F.R. �� 1.1307(c), 1.1307(d); Local Official's Guide at 7. See RF Procedures Notice, 12 FCC Rcd at 13557, � 150. See id. at 13560, � 153. See id. at
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  • these other subscriber antennas. In addition, we have recently made labeling a condition for invoking protection from restrictions that impair the installation, maintenance, or use of customer-end antennas that are used to transmit fixed wireless service, where the antenna user has a direct or indirect ownership or leasehold interest in the property. Accordingly, we are amending Table 1 in Section 1.1307(b) of the Commission's rules to provide for labeling requirements for NGSO subscriber equipment. Labeling information should include minimum separation distances required between users and radiating antennas to meet the Commission's radiofrequency exposure guidelines. Labels should also include reference to the Commission's applicable radiofrequency exposure guidelines. In addition, the instruction manuals and other information accompanying subscriber transceivers should include a full
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  • Commission's radiofrequency (RF) radiation limits. The National Environmental Policy Act of 1969 (NEPA) requires agencies of the Federal Government to evaluate the effects of their actions on the quality of the human environment. To satisfy in part its responsibilities under NEPA, the Commission has adopted Maximum Permissible Exposure (MPE) limits RF radiation emitted by Commission-regulated transmitters and facilities. Currently, Section 1.1307(b)(3)(i) requires applicants proposing additional transmitters, facilities, or modifications to submit an environmental assessment if the resulting emissions causes the power density in a geographic area to exceed five percent of the RF exposure limits specified in the Commission's rules. Part 25 explicitly directs earth station applicants' attention to the RF emission rules when applying for an earth station license and
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  • Opinion and Order on Reconsideration, 14 FCC Rcd 11476 (1999). Alloy Comments at 8. The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 USC � 4321-4347. 16 USC � 1531-1543. Id. � 470. Id. � 1131-1136. Id. � 470aa. Id. � 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. � 1501-1508. 47 C.F.R. � 1.1307(a)(8). Id. � 1.1307(b). Id. � 1.1307(a). Id. � 1.1306. Id. �� 1.1308, 1.1311. Id. � 1.1313. Id. � 1.1314-1.1319. Wireless Telecommunications Bureau Seeks Comment 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.pdf
  • Managers time to evaluate the coordinations, entities coordinated by a Guard Band Manager must wait at least ten business days after notification until they can begin operating under the Guard Band Manager's license. We believe 69Guard Band Managers need to refer to the Commission those individual stations: (1) that require the submission of an Environmental Assessment under 47 C.F.R. � 1.1307; (2) that require international coordination; or (3) that would affect the radio frequency quiet zones described in 47 C.F.R. � 90.177. In addition, any station antenna structure that requires notification to the Federal Aviation Administration (FAA) has to be registered with the Commission prior to construction. See 47 C.F.R. Part 17. It is the Guard Band Manager's responsibility to determine
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  • with the 30 megahertz spectrum, we will permit users in adjoining areas to agree to alternate field strengths at their common border to provide users increased flexibility in implementing their systems without increasing the risk of harmful interference. RF Safety/Power Limits. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules. In the 700 MHz First Report and Order, we adopted a threshold of 1000 w ERP for categorical exclusion from routine evaluation for RF exposure for base and fixed stations. We adopt this threshold for base and fixed stations in the Guard Bands, as well. As with the 30 megahertz block, the threshold
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  • for the experimentation in Section 73.1510(c)(6) are notably inconsistent with the services envisioned by the DDSA. We include in these entities an LPTV station to provide service to the designated locations in Alaska. See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R. �� 1.1307(b)(1), 1.1310. Under 47 U.S.C. � 336(h)(3)(B), the Commission must establish procedures ``for testing interference to digital television receivers caused by any pilot project station or remote transmitter.'' 47 U.S.C. � 336(h)(3)(F). Under 47 U.S.C. � 336(h)(5)(A): The Commission may limit the provision of digital data service by a low-power television station to which this subsection applies if the Commission finds
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  • at 6233-6235, �� 26-29. Tennant Application at 10-11. Id. at 12-13, 15-16; Tennant Reply at 5-7. Tennant Application at 17-18. See 36 C.F.R. � 800.5(e). Tennant Application at 13, 17, 19. Tennant Reply at 1-5. Tennant Application at 17-18; Tennant Reply at 11. . The Commission's rules incorporate the rules of the Advisory Council by reference. See 47 C.F.R. � 1.1307(a)(4). Tennant Application at 14, 19-25; Tennant Reply at 7-13. Opposition to Application for Review, filed May 25, 2000 (``SCANA Opposition''). SCANA Opposition at 4-8 and 17. Id. at 9-10. Id. at 19-20. , �� 5-6. Id., 15 FCC Rcd. at 9205, � 7. See Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 182 U.S. App. D.C. 220, 559 F.2d
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  • The instruction manual furnished with the intentional radiator shall contain language in the installation instructions informing the operator and the installer of this responsibility. (5) Systems operating under the provisions of this section shall be operated in a manner that ensures that the public is not exposed to radio frequency energy levels in excess of the Commission's guidelines. See � 1.1307(b)(1) of this Chapter. (c) In any 100 kHz bandwidth outside the frequency band in which the spread spectrum or digitally modulated intentional radiator is operating, the radio frequency power than is produced by the intentional radiator shall be at least 20 dB below that in the 100 kHz bandwidth within the band that contains the highest level of the desired
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  • tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; (iii) The grant of the application(s) does not require a waiver of the Commission's rules (with the exception of a request for waiver pertaining to fees); (iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in � 1.1307 of this chapter; (v) The station site does not lie within 56.3 kilometers of any international border or within a radio ``Quiet Zone'' identified in � 1.924 of this chapter; and (vi) The filed application is consistent with the proposal that was coordinated pursuant to � 25.251. (2) Conditional authority ceases immediately if the Schedule B is returned by the
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  • EIS; (2) an action deemed potentially to have a significant environmental effect requires the preparation of an EA; and (3) actions deemed individually and cumulatively to have no significant effect on the quality of the human environment are categorically excluded from environmental processing, but in extraordinary cases may require the preparation of an EA. The Commission has identified, in section 1.1307(a) and (b) of its rules, those types of communications facilities that it authorizes that may significantly affect the environment. Specifically, the Commission requires applicants for Commission action with respect to these types of facilities to prepare an EA prior to licensing, registration or construction. Consistent with CEQ regulations, the Commission directs its license and registration applicants to submit their own
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  • future. Applicants that file for maximization after May 1, 2000 are required to protect previously filed Class A applications as well as existing Class A stations. See DTV Table of Allotments, Second Memorandum Opinion and Order on Reconsideration of the Fifth and Sixth Report and Orders, 14 FCC Rcd 1348, at Appendix B. 47 C.F.R. � 17.7. 47 C.F.R. � 1.1307. 47 C.F.R. � 73.1635(b). See 47 C.F.R. � 73.625 (as revised in Appendix A). 47 U.S.C. � 307(b). Paxson argues that the Commission should not adopt the increased city grade coverage requirement but states that, if the requirement is maintained, ``at a minimum'' the Commission should liberally grant waivers of the rule. Petition for Reconsideration of Paxson Communications Corp. (``Paxson'')
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  • sixty (60) days after receipt of the specific description. See � 1.767(a)(5) of this section; (9) The Commission reserves the right to require the licensee to file an environmental assessment should it determine that the landing of the cable at the specific locations and construction of necessary cable landing stations may significantly affect 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)
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  • In the Notice, the Commission proposed to require that facilities and devices operating in the Lower 700 MHz Band be subject to the existing RF safety criteria and procedures applicable to facilities and devices having similar technical parameters and operating characteristics. Section 27.52 of the Commission's rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's rules, which list the services and devices for which an environmental evaluation must be performed. Other than Qwest's general support for the adoption of existing Part 27 technical rules, no other party to this proceeding addressed this issue in their comments or reply comments. Discussion. We will require transmitting facilities and devices in the
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  • MHz MO&O and FNPRM at �� 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, � 106; see also Upper 700 MHz MO&O and FNPRM at �� 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, � 111. See supra para. 43. These existing requirements are found in 47 CFR �� 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, � 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report
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  • man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; (iii) The grant of the application(s) does not require a waiver of the Commission's rules; (iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in � 1.1307 of this chapter; (v) The station site does not lie, within a radio ``Quiet Zone'' identified in � 1.924 of this chapter. (b) Conditions applicable to remote pickup broadcast auxiliary stations. (i) The auxiliary station must be located within 80 km (50 mi) of the broadcast studio or broadcast transmitter. (ii) The applicant must coordinate the operation with all affected
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  • urban areas, but did not propose to set limits for the excepted areas on tall manmade structures and natural formations adjacent to bodies of water or unpopulated areas. The Commission proposed that those stations with output powers that equal or exceed 1640 watts EIRP would be subject to the environmental evaluation rules for radiation hazards, as set forth in Section 1.1307 of our rules. However, in this proceeding we have limited the EIRP for MVDDS transmitting systems to 14 dBm per 24 megahertz, which is far below 1640 watts, and thus MVDDS transmitting stations will not be subject to routine environmental evaluation under Section 1.1307 of our rules. Quiet Zone Protection The Commission tentatively concluded in the Further Notice to require
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  • The instruction manual furnished with the intentional radiator shall contain language in the installation instructions informing the operator and the installer of this responsibility. (5) Systems operating under the provisions of this section shall be operated in a manner that ensures that the public is not exposed to radio frequency energy levels in excess of the Commission's guidelines. See � 1.1307(b)(1) of this Chapter. (c) In any 100 kHz bandwidth outside the frequency band in which the spread spectrum or digitally modulated intentional radiator is operating, the radio frequency power than is produced by the intentional radiator shall be at least 20 dB below that in the 100 kHz bandwidth within the band that contains the highest level of the desired
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  • stations within its service area. Nonetheless, we believe there are situations in which we should require licensees to obtain an individual station license for a particular station within their geographic service area. The licensee will need to apply for an individual station license to the Commission for those individual stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our Rules; (2) require international coordination; (3) would operate in the quiet zones listed in Section 1.924 of our Rules; or (4) require coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC). We propose that the licensee be responsible for determining whether an individual station needs an individual station license. We further propose that
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  • whether there is a need for antenna gain regulation if we adopt geographic area licensing. To the extent commenters believe a minimum antenna gain requirement is necessary, we seek comment on Endwave's proposal to relax the technical parameters proposed by Loea. RF Safety. We propose that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091 and 2.1093 of our Rules, which list the services and devices for which an environmental evaluation must be performed. We seek comment on requiring routine environmental evaluations for RF exposure in the case of fixed operations, including base stations in cases where there is a possible safety risk if the installation of the transmitter antenna is not properly designed.
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  • 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 rarely will jeopardize the station's overall compliance with RF standards. On this basis, we conclude that the Commission is not required to prepare an EIS and
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  • man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; (iii) The grant of the application(s) does not require a waiver of the Commission's rules; (iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in � 1.1307 of this chapter; (v) The station site does not lie, within a radio ``Quiet Zone'' identified in � 1.924 of this chapter. (b) Conditions applicable to remote pickup broadcast auxiliary stations. (i) The auxiliary station must be located within 80 km (50 mi) of the broadcast studio or broadcast transmitter. (ii) The applicant must coordinate the operation with all affected
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  • short-form auction applications using FCC Form 175. In addition, winning bidders must submit long-form license applications through the Universal Licensing System using FCC Form 601, and other appropriate forms. Licensees will also be required to apply for an individual station license by filing FCC Form 601 for those individual stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our Rules; (2) require international coordination; (3) would operate in the quiet zones listed in Section 1.924 of our Rules; or (4) require coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC). Licensees will be required to identify on Form 601 the type of service or services they intend to provide. We comment of
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  • seek comment on the technical ramifications of potential band segmentation plans, and on techniques for dual use based on advanced modulation techniques, antenna technology, or other advanced methods for channelization. RF Safety Commission rules implementing the National Environmental Policy Act of 1969 are intended to prevent human exposure to potentially unsafe levels of radiofrequency (RF) radiation. To that end, section 1.1307(b) of our rules requires preparation of Environmental Assessments when licensees propose to construct fixed transmission facilities that exceed specified parameters. Exposure guidelines for the 2.3 GHz WCS band are the same as those for spectrum at 1710-1755 MHz and 2110-2155 MHz. For WCS, the threshold for environmental review is an effective radiated power (ERP) greater than 1,000 watts. With regard
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  • with the RFR exposure limits. If, on the basis of its analysis, the applicant determines that the facility complies with the RFR exposure limits, the applicant certifies compliance as part of its application. If, on the other hand, the applicant determines that operation of the facility will not comply with the RFR exposure limits, the applicant is required under Section 1.1307(b) of the Rules either to prepare an Environmental Assessment and undergo environmental review by Commission staff or to amend its application so as to comply with the RFR limits. The Commission's Office of Engineering and Technology (``OET'') has prepared OET Bulletin 65, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' to provide assistance to applicants in
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  • Commission's rules were applied. See 47 C.F.R. � 5.93(a). See 47 C.F.R. � 5.93(b). Petition at 12 (citing Implementation Order at para. 30). Id. Id. Implementation Order at para. 15. Id. at para. 16. Petition at 10. Id. (citing 47 C.F.R. � 2.10093[``Radiofrequency radiation exposure evaluation; portable devices.'']) and at 10 n.4. 47 C.F.R. � 2.1093. See 47 C.F.R. � 1.1307(b), Table 1. This is defined in 47 C.F.R. �� 2.1091 and 2.1093 and is discussed in the FCC's OET Bulletin 65 (1997). See Supplement C (2001) to the FCC's OET Bulletin 65 (1997) for details. Implementation Order at para. 13. Id. at para. 14. Petition at 10. 47 C.F.R. � 74.735(b)(2). Petition at 10-11. Id. at 11. Id. The digital
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  • Commissioners: Chairman Powell, Commissioners Abernathy, Copps, and Martin. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Letter from Dr. Richard D. Bright to Office of General Counsel (June 6, 2001) (App. for Rev.) Letter from Jeffrey S. Steinberg, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau to Dr. Richard D. Bright (May 16, 2001) (Bureau Decision). See 47 C.F.R. � 1.1307(a). See 47 C.F.R. � 1.1307(a)(4). Electronic mail (e-mail) from Salomon Satche to Anne Wypijewski and Zenji Nakazawa (Apr. 2, 2001) (regarding the Ellicott City tower). Memorandum from Ramona E. Melson, Deputy Chief, PSPWD, to William W. Kunze, Chief, CWD (Apr. 13, 2001) (PSPWD Memo). Letter from Dr. Richard D. Bright to Dan Abeyta, Wireless Telecommunications Bureau (Apr. 20, 2001) (FOIA
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  • one date late, on February 7, 2001, and filed a motion to accept late-filed comments. Because we do not believe any interested party was harmed by ARRL's comments being filed one day late, we will grant its request and accept the comments. See 47 C.F.R. � 1.925.) Third Further Notice, 15 FCC Rcd at 22605 � 39. 47 C.F.R. � 1.1307. To date, no existing agreements between the United States and Mexico or Canada restrict AMTS channel availability in the Mexican and Canadian border areas. Licensees will, however, be subject to any future agreements regarding international assignments and coordination of such channels. 47 C.F.R. � 1.924. 47 C.F.R. � 80.215(h)(3)(i); see Third Further Notice, 15 FCC Rcd at 22605 � 39.
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  • one date late, on February 7, 2001, and filed a motion to accept late-filed comments. Because we do not believe any interested party was harmed by ARRL's comments being filed one day late, we will grant its request and accept the comments. See 47 C.F.R. � 1.925.) Third Further Notice, 15 FCC Rcd at 22605 � 39. 47 C.F.R. � 1.1307. To date, no existing agreements between the United States and Mexico or Canada restrict AMTS channel availability in the Mexican and Canadian border areas. Licensees will, however, be subject to any future agreements regarding international assignments and coordination of such channels. 47 C.F.R. � 1.924. 47 C.F.R. � 80.215(h)(3)(i); see Third Further Notice, 15 FCC Rcd at 22605 � 39.
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  • Assessment (``EA'') if any of its actions in response to this NAL or subsequent orders may have a significant effect on the environment. BACKGROUND Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, (``NEPA''), licensees are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's Rules (``Rules''). The rules provide that licensees must prepare and submit to the Commission an EA for an action that may have a significant environmental effect. This includes actions for which no pre-construction authorization is otherwise required. In light of the Commission's obligations under the National Historic Preservation Act of 1966, as amended (``NHPA''), Section 1.1307(a)(4) of
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  • these responsibilities include: coordinating operations and modifications of the lessee's system to ensure compliance with Commission rules regarding non-interference with co-channel and adjacent channel licensees (and any authorized spectrum user); making all determinations as to whether an application is required for any individual lessee stations (e.g., those that require frequency coordination, submission of an Environmental Assessment under 47 C.F.R. � 1.1307, those that require international coordination, those that affect radio frequency quiet zones described in 47 C.F.R. � 1.924, or those that require notification to the Federal Aviation Administration under 47 C.F.R. Part 17); and, ensuring that the lessee complies with the Commission's safety guidelines relating to human exposure to radiofrequency (RF) radiation (e.g., 47 C.F.R. � 1.1307(b) and related rules).
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  • these responsibilities include: coordinating operations and modifications of the lessee's system to ensure compliance with Commission rules regarding non-interference with co-channel and adjacent channel licensees (and any authorized spectrum user); making all determinations as to whether an application is required for any individual lessee stations (e.g., those that require frequency coordination, submission of an Environmental Assessment under 47 C.F.R. � 1.1307, those that require international coordination, those that affect radio frequency quiet zones described in 47 C.F.R. � 1.924, or those that require notification to the Federal Aviation Administration under 47 C.F.R. Part 17); and, ensuring that the lessee complies with the Commission's safety guidelines relating to human exposure to radiofrequency (RF) radiation (e.g., 47 C.F.R. � 1.1307(b) and related rules).
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  • Act of 1966 (``NHPA''), as well as a related revision of the Commission's Rules. In November 2001, representatives of the Commission, Council and Conference, American Indian tribes, the communications industry, and historic preservation consultants, as part of a working group sponsored by the Council, began drafting a proposed Nationwide Agreement. Consistent with Section 800.14(b) of the Council's rules and Section 1.1307(a)(4) of the Commission's rules, the draft Nationwide Agreement is intended to tailor the Section 106 review in the communications context so as to improve compliance and streamline the review process for construction of towers and other Commission Undertakings. At the same time, the parties intend to advance and preserve the goal of the NHPA to protect historic properties, including historic
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  • Act of 1966 (``NHPA''), as well as a related revision of the Commission's Rules. In November 2001, representatives of the Commission, Council and Conference, American Indian tribes, the communications industry, and historic preservation consultants, as part of a working group sponsored by the Council, began drafting a proposed Nationwide Agreement. Consistent with Section 800.14(b) of the Council's rules and Section 1.1307(a)(4) of the Commission's rules, the draft Nationwide Agreement is intended to tailor the Section 106 review in the communications context so as to improve compliance and streamline the review process for construction of towers and other Commission Undertakings. At the same time, the parties intend to advance and preserve the goal of the NHPA to protect historic properties, including historic
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  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
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  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
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  • provisions for emergency situations; inadvertent or post-review discovery of adverse effects on historic properties; construction prior to completion of the Section 106 process; public comments; and amendment or termination of the Agreement. Finally, the Nationwide Agreement proposes to prescribe two standardized forms for making submissions to the SHPO or THPO. The Commission further proposes to amend the Note to Section 1.1307(a)(4) in order to make clear that the procedures in the Nationwide Agreement will be binding on applicants, and that non-compliance with these procedures would subject a party to potential enforcement action by the Commission. Specifically, the Note to Section 1.1307(a)(4) would be amended to specify that in order to ascertain whether a proposed action may affect properties that are listed
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  • provisions for emergency situations; inadvertent or post-review discovery of adverse effects on historic properties; construction prior to completion of the Section 106 process; public comments; and amendment or termination of the Agreement. Finally, the Nationwide Agreement proposes to prescribe two standardized forms for making submissions to the SHPO or THPO. The Commission further proposes to amend the Note to Section 1.1307(a)(4) in order to make clear that the procedures in the Nationwide Agreement will be binding on applicants, and that non-compliance with these procedures would subject a party to potential enforcement action by the Commission. Specifically, the Note to Section 1.1307(a)(4) would be amended to specify that in order to ascertain whether a proposed action may affect properties that are listed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit APPENDIX C PROPOSED RULES Subpart I of Part 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: In �1.1307, revise the Note following paragraph (a)(4) to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4)* * *: NOTE: The National Register is updated and re-published in the FEDERAL REGISTER each year in February. To ascertain whether a proposed action may affect properties that are
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit APPENDIX C PROPOSED RULES Subpart I of Part 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: In �1.1307, revise the Note following paragraph (a)(4) to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4)* * *: NOTE: The National Register is updated and re-published in the FEDERAL REGISTER each year in February. To ascertain whether a proposed action may affect properties that are
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  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
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  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
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  • Radio Services Specialized Mobile Radio (Part 90), the Local Multipoint Distribution Service (Subpart L of Part 101), and the 24 GHz Service and Digital Electronic Message Service (Subpart G of Part 101). We also propose to apply these requirements to terrestrial repeater stations in the Satellite Digital Audio Radio Service (SDARS) authorized under Part 25. The proposed changes to Section 1.1307(b), Table 1, are shown in Appendix A. For transmitters authorized under the Experimental Radio Service (Part 5) and under Subparts A, G, and L of Part 74, the rules currently require routine evaluation whenever the operating power of the transmitting facility is greater than 100 W ERP (164 W EIRP). To ensure that categorically excluded transmitters operating at less than
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  • to add the band 2385-2390 MHz back to the frequencies available to flight test stations in Section 87.303 of our aviation service rules. We also propose to rescind the changes made in the 27 Megahertz Service Rules R&O for the band 2385-2390 MHz in Parts 1, 27, and 87 of our Rules by deleting regulations containing this band from Sections 1.1307 (Environmental Assessments); 27.1(b)(7) (Basis and Purpose); 27.4 (Terms and definitions); 27.5(g) (Frequencies); 27.6(g) (Service areas); 27.11(h) (Initial authorization); 27.12(b) (Eligibility); 27.13(f) (License period); 27.50(f) (Power and antenna height limits); 27.53(i) (Emission limits); and 87.173, note 1 (Frequencies); and by deleting Part 27, Subpart K (2385-2390 MHz Band). In the Table of Frequency Allocations, we also propose to revise the entry
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  • you will operate your proposed earth station in the C-band (3700-4200 MHz and 5925-6425 MHz), have you completed frequency coordination and attached Frequency Coordination Report to this application? YES _______ NO ______ 28. Environmental Policy: Do you certify that Commission grant of any proposal in this application will NOT have a significant environmental impact as defined by 47 CFR Section 1.1307? YES _______ NO ______ 06. Radiation Hazard: If you are asking for a transmit/receive or transmit-only earth station license, has a Radiation Hazard Study (refer to OET Bulletin 65) been completed and will this Radiation Hazard Study be attached as an exhibit to this application? YES _______ NO ______ 07. FAA Notification: Can you answer "yes" to one or more
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  • you will operate your proposed earth station in the C-band (3700-4200 MHz and 5925-6425 MHz), have you completed frequency coordination and attached Frequency Coordination Report to this application? YES _______ NO ______ 28. Environmental Policy: Do you certify that Commission grant of any proposal in this application will NOT have a significant environmental impact as defined by 47 CFR Section 1.1307? YES _______ NO ______ 06. Radiation Hazard: If you are asking for a transmit/receive or transmit-only earth station license, has a Radiation Hazard Study (refer to OET Bulletin 65) been completed and will this Radiation Hazard Study be attached as an exhibit to this application? YES _______ NO ______ 07. FAA Notification: Can you answer "yes" to one or more
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  • Commission's rules, all antenna structures of more than 200 feet in height or within the flight path of an airport must be registered with the Commission prior to construction. See 47 C.F.R. � 17.7(a) (``....of more than 60.96 meters (200 feet) in height above ground level.''). If the antenna structure may have a significant environmental effect, as defined by section 1.1307 of the Commission's rules, see 47 C.F.R. � 1.1307, the applicant must file an Environmental Assessment (EA) as part of its registration application. See 47 C.F.R. � 1.1308; see also Streamlining the Commission's Antenna Structure Clearance Procedure, Report and Order, 11 FCC Rcd 4272, 4289, � 41 (1995). See, e.g., MSV Comments at 29 (``Individual applications and prior Commission approval
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1_Erratum.doc
  • Commission's rules, all antenna structures of more than 200 feet in height or within the flight path of an airport must be registered with the Commission prior to construction. See 47 C.F.R. � 17.7(a) (``....of more than 60.96 meters (200 feet) in height above ground level.''). If the antenna structure may have a significant environmental effect, as defined by section 1.1307 of the Commission's rules, see 47 C.F.R. � 1.1307, the applicant must file an Environmental Assessment (EA) as part of its registration application. See 47 C.F.R. � 1.1308; see also Streamlining the Commission's Antenna Structure Clearance Procedure, Report and Order, 11 FCC Rcd 4272, 4289, � 41 (1995). See, e.g., MSV Comments at 29 (``Individual applications and prior Commission approval
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  • shall comply with all applicable antenna and structural clearance requirements established in Part 17 of the Commission's rules. ATC base stations and mobile terminals shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in �� 1.1307(b) and 1.1310 of the Commission's rules for PCS networks. ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. (b) Applicants for an ancillary terrestrial component shall demonstrate compliance with the following criteria through certification: (1) Geographic and Temporal Coverage.
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  • shall comply with all applicable antenna and structural clearance requirements established in Part 17 of the Commission's rules. ATC base stations and mobile terminals shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in �� 1.1307(b) and 1.1310 of the Commission's rules for PCS networks. ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. (b) Applicants for an ancillary terrestrial component shall demonstrate compliance with the following criteria through certification: (1) Geographic and Temporal Coverage.
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  • shall comply with all applicable antenna and structural clearance requirements established in Part 17 of the Commission's rules. ATC base stations and mobile terminals shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in �� 1.1307(b) and 1.1310 of the Commission's rules for PCS networks. ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. (b) Applicants for an ancillary terrestrial component shall demonstrate that the applicant does or will comply with the following criteria through
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  • 154(j)), the Application for Review filed by EMR Network IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary We consider herein both the Application for Review filed by EMR Network and its Supplement to that application. Letter from Bruce A. Franca to James R. Hobson, December 11, 2001 (``Dismissal letter''). 42 U.S.C. �� 4321 et seq. (1976). 47 C.F.R. �� 1.1307(b), 1.1310, 2.1091, and 2.1093. Report and Order in GEN Docket 79-144 (RF Report and Order I), 100 F.C.C. 2d 543 (1985); Memorandum Opinion and Order in GEN Docket 79-144, FCC 85-467, released August 22, 1985, 58 RR 2d 1128 (1985). Report and Order in ET Docket No. 93-62 (RF Report and Order II), 11 FCC Rcd 15123 (1996); Second Memorandum
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  • in the Federal Register. Appendix B - Final Rules Part 1 of Title 47 of the Code of Federal Regulations, is revised to read as follows: I. PART 1 - PRACTICE AND PROCEDURE The authority citation for Part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 325(e) unless otherwise noted. Section 1.1307 is corrected to add the 698-746 MHz band to the Wireless Communications Service (Part 27) as follows: � 1.1307 Actions that may have a significant environmental effect, for which Environmental Assignments (EAs) must be prepared. * * * * * (b) * * * TABLE 1 - TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION SERVICE (TITLE 47 CFR
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  • Rules The Commission has implemented Subpart I of NEPA in Part 1, Subpart I of its rules. Under these rules, any Commission action deemed to have a significant effect upon the quality of the human environment requires the preparation of an Environmental Impact Statement (EIS). Any action deemed potentially to have a significant environmental effect under categories specified in Section 1.1307(a)(1)-(8) and (b) of the rules requires the preparation of an Environmental Assessment (EA). In addition, the Commission will require the preparation of an EA if it is determined that a particular action, which is otherwise categorically excluded under the rules, may have a significant environmental impact. Actions that are deemed individually and cumulatively to have no significant effect on the
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  • and 2.1031 - 2.1060. See Public Notice, Part 15 Unlicensed Modular Transmitter Approval, DA 00-1407, released June 26, 2000. See, ``IEC 61000-4-4, Electromagnetic Compatibility (EMC) - Part 4-4: Testing and measurement techniques - Electrical fast transient/burst immunity test,'' published by the International Electrotechnical Commission. National Environmental Policy Act of 1969, as amended, 42 U.S.C. �� 4321-4335. See 47 CFR � 1.1307(b). Proposed Changes in the Commission's Rules Regarding Human Exposure to Radiofrequency Electromagnetic Fields, Notice of Proposed Rule Making in ET Docket No. 03-137, 18 FCC Rcd 13187 (2003). See Notice of Proposed Rule Making in ET Docket 03-122, 18 FCC Rcd. 11581 (2003). See 47 C.F.R. Part 15, Subpart D - Unlicensed Personal Communications Service Devices. See 47 C.F.R. ��
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  • 57-64 GHz unlicensed operation are also appropriate for 92-95 GHz. We here create a new Section 15.257 that is based on Section 15.255 for 57-64 GHz, but reflects our limitation of unlicensed devices to indoor use. RF Safety. Background. In the NPRM, the Commission proposed that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091 and 2.1093 of our Rules. The Commission also asked for comments on requiring routine environmental evaluations for RF exposure in the case of fixed operations, including base stations, in cases where there is a possible safety risk if the installation of the transmitter antenna is not properly designed. Discussion. The record does not provide detailed comments concerning the issue
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  • System, set forth in Part 1 of our rules. Licensees in the 1710-1755 and 2110-2155 MHz bands will be required to comply with the practices and procedures listed in Part 1 of our rules for license applications, adjudicatory proceedings, etc. Licensees in the 1710-1755 and 2110-2155 MHz bands will be required to comply with the Commission's environment provisions, including section 1.1307. Licensees in the 1710-1755 and 2110-2155 MHz bands will be required to comply with the antenna structure provisions of Part 17 of our rules. To the extent a licensee in the 1710-1755 and 2110-2155 MHz bands provides a Commercial Mobile Radio Service (CMRS), such service would be subject to the provisions of Part 20 of the our rules, along with
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  • RFR maximum permissible exposure limit for a station operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2 and the general population RFR maximum permissible exposure limit for a station operating in the frequency range of 300 MHz to 1500 MHz is f/1500 mW/cm2 or for station KWHY-TV which operates on 518 MHz, 0.345 mW/cm2. Section 1.1307(b)(3) of the Rules states in part that ``when the guidelines specified in Section 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power
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  • in NGSO FSS implementations and RAS sensitivities, it is appropriate that we allow licensees this flexibility in employing the most current and appropriate techniques for their operations. Therefore, we deny the request that US355 mandate the use of ITU Article 29 standards and procedures. RF Safety Requirements for Two-Way NGSO FSS Antenna The First R&O amended Table 1 in Section 1.1307(b) to require cautionary labeling on NGSO subscriber equipment regarding exposure of humans to RF emissions, and adopted language recommending professional installation of two-way subscriber antennas to prevent siting antennas in such a way that persons could easily venture into the uplink beam. Hughes petitions the Commission to retract the language in the First R&O recommending professional installation of antennas. The
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  • would be duplicative, because the same information is required in applications for certification. Section 2.1093 of the Commission's rules states that applications for Part 2 equipment authorization for portable transmitting devices must include a statement confirming compliance with the radiation limits in Paragraph (d) of the same section, based on data to be submitted to the Commission on request. Section 1.1307(b) requires an identical compliance statement to be included in transmitter license applications. We agree with Motorola that there is no need to require such compliance statements for GMPCS transceivers to be submitted both in blanket license applications and in applications for certification. We also agree that it is more appropriate to require the compliance statement to be submitted with applications
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  • information is described with more specificity in Appendix F. By comparison, in the 70-80-90 GHz Report and Order, we determined that non-Federal Government links will be registered in a third-party (i.e., non-FCC) database after an interim period. See 70-80-90 GHz Report and Order at � 50. See 47 C.F.R. � 1.923(d) citing 47 C.F.R. Part 17. See 47 C.F.R. � 1.1307. See, e.g. 47 C.F.R. � 1.928 (regarding frequency coordination arrangements between the United States and Canada). 47 C.F.R. � 1.924. Accord 70-80-90 GHz Report and Order at � 56 (the Commission believes the licensee is in the best position to determine the nature of its operations and whether those operations impact certain settings). We clarify that this prioritization only applies
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  • term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act....'' and Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). See Section 1.1307(b) of the Rules. The Media Bureau granted A-O's construction permit application on September 24, 1998 (File No. BPH-19971030MG). The Media Bureau granted A-O's license for station KTMN on October 5, 2001 (File No. BLH- 20010924AAM). See, e.g., Eure Family Limited Partnership, 17 FCC Rcd 21861, 21863-64 (2002) (internal quotation marks omitted) and cases cited therein. See Pinnacle Towers ,Inc., DA-03-2620
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  • CARS pickup station; � Any change in frequency assignment including polarization; � Any increase in authorized operating power; � Any substantial change in ownership or control; � Any addition or change in frequency, excluding removing a frequency; � Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301 - 1319, including historic preservation under � 1.1307(a)(4) and 16 U.S.C. � 470 (National Historic Preservation Act)); � Any request requiring frequency coordination; or � Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17, Subpart B. MINOR Minor changes will include: � Any name change not involving change in ownership or control of the license; � Any change to
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  • and that in some cases licensees may refrain from entering into such transactions to preclude potential competitors. We seek comment on whether high transaction costs or anti-competitive motivations will hinder such transactions. RF Safety The Coalition states that to implement its proposed approach, we should amend our RF emissions rules. More specifically, the Coalition contends that we should amend Sections 1.1307(b)(2), 2.1091(c) and 2.1093(c) to include MDS and ITFS services. The Commission considers RF safety procedures to be essential in protecting human beings from excessive exposure to RF energy. Accordingly, we seek comment on whether and how we should amend the RF safety rules. North American Datum (NAD) 83 Coordinate Data The Coalition notes that our rules require the submission of
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  • and that in some cases licensees may refrain from entering into such transactions to preclude potential competitors. We seek comment on whether high transaction costs or anti-competitive motivations will hinder such transactions. RF Safety The Coalition states that to implement its proposed approach, we should amend our RF emissions rules. More specifically, the Coalition contends that we should amend Sections 1.1307(b)(2), 2.1091(c) and 2.1093(c) to include MDS and ITFS services. The Commission considers RF safety procedures to be essential in protecting human beings from excessive exposure to RF energy. Accordingly, we seek comment on whether and how we should amend the RF safety rules. North American Datum (NAD) 83 Coordinate Data The Coalition notes that our rules require the submission of
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  • if their ERP is 3 watts or more or if they meet the definition of a portable device as specified in � 2.1093 (b) requiring evaluation under the provisions of that section. All other mobile and unlicensed transmitting devices are categorically excluded from routine environmental evaluation for RF exposure prior to equipment authorization or use, except as specified in �� 1.1307(c) and 1.1307(d) of this chapter. Applications for equipment authorization of mobile and unlicensed transmitting devices subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in paragraph (d) of this section as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. * * *
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  • using bandwidths much smaller than a 6 MHz TV channel and/or can look for specific features of the TV signal such as the visual and audio carriers. See Notice of Proposed Rule Making and Order in ET Docket No. 03-108, 18 FCC Rcd 26859 (2003). The same characteristics would apply to both transmit and receive antenna(s). See 47 C.F.R. �� 1.1307(b) and 2.1093. To the extent that DTV reception capability encompassing either a demodulator and associated transport stream processor or a peripheral TSP product as defined in �73.9000(j) of the Commission's rules, were to be incorporated into such devices, they would be required to comply with the Commission's DTV redistribution control rules. See 47 C.F.R. subpart M; see also Digital Broadcast
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  • and given the ability of licensed operation to co-exist with unlicensed operations in the 2500-2655 MHz band, we see no reason to maintain this restriction in this band. RF Safety The Coalition's proposal for revisions to the 2500-2690 MHz band includes a recommendation that we amend our RF Safety rules. More specifically, the Coalition contends that we should amend Sections 1.1307(b)(2), 2.1091(c) and 2.1093(c) to include MDS and ITFS services. These Rules were enacted pursuant to the National Environmental Policy Act in order to assure the protection of human health and safety from radio frequency radiation exposure. The Commission considers RF safety procedures to be essential in protecting human beings from excessive exposure to RF energy. Accordingly, we sought comment on
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  • conducted output power shall be used to determine the power spectral density. (f) * * * (g) * * * (h) * * * (i) Systems operating under the provisions of this section shall be operated in a manner that ensures that the public is not exposed to radio frequency energy levels in excess of the Commission's guidelines. See � 1.1307(b)(1) of this Chapter. Section 15.403 is amended by revising paragraph (n), deleting paragraph (r), and re-naming paragraphs (s) and (t) to (r) and (s); respectively as follows: � 15.403 Definitions. * * * (n) Maximum Conducted Output Power. The total transmit power delivered to all antennas and antenna elements averaged across all symbols in the signaling alphabet when the transmitter
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  • and licensees will be subject to the application filing procedures for the Universal Licensing System, set forth in Part 1 of our rules. Licensees will be required to comply with the practices and procedures listed in Part 1 of our rules for license applications, adjudicatory proceedings, etc. Licensees will be required to comply with the Commission's environmental provisions, including section 1.1307. Licensees will be required to comply with the antenna structure provisions of Part 17 of our rules. To the extent a licensee provides a Commercial Mobile Radio Service, such service would be subject to the provisions of Part 20 of the Commission's rules, along with the provisions in the rule part under which the license was issued. Part 20 applies
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  • eligible properties for purposes of the Nationwide Agreement, (3) Standards governing the conduct of archeological surveys, (4) A definition of visual adverse effects, and (5) Standards for the use of qualified experts; Establish procedures for SHPO/THPO and Commission review; Adopt FCC Forms 620 and 621 for use in submitting Section 106 reviews to SHPOs/THPOs; and Amend the language of Section 1.1307(a)(4) to incorporate the Nationwide Agreement into the Commission's rules. II. BACKGROUND Section 106 of the NHPA requires that a federal agency ``prior to the approval of the expenditure of any Federal funds on an undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1_Erratum.doc
  • eligible properties for purposes of the Nationwide Agreement, (3) Standards governing the conduct of archeological surveys, (4) A definition of visual adverse effects, and (5) Standards for the use of qualified experts; Establish procedures for SHPO/THPO and Commission review; Adopt FCC Forms 620 and 621 for use in submitting Section 106 reviews to SHPOs/THPOs; and Amend the language of Section 1.1307(a)(4) to incorporate the Nationwide Agreement into the Commission's rules. II. BACKGROUND Section 106 of the NHPA requires that a federal agency ``prior to the approval of the expenditure of any Federal funds on an undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site,
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  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A3_Erratum.doc
  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
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  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A4_Erratum.doc
  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
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  • Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA. A. Need for, and Objectives of, Adopted Rules Under Commission rules implementing the National Environmental Policy Act of 1969, as amended (``NEPA''), licensees and other entities that build towers and other communications facilities (``Applicants'') are required to assess such proposed facilities to determine whether they may significantly affect the environment under Section 1.1307 of the Commission's rules. For example, under Section 1.1307(a)(4) of the Commission's rules, those Applicants currently are obliged to use the detailed procedures specified in the rules of the Advisory Council on Historic Preservation (``Council'') (36 C.F.R. � 800.1 et seq.) to determine whether their proposed facilities may affect districts, sites, buildings, structures, or objects significant in American history, architecture,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A8_Erratum.doc
  • Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA. A. Need for, and Objectives of, Adopted Rules Under Commission rules implementing the National Environmental Policy Act of 1969, as amended (``NEPA''), licensees and other entities that build towers and other communications facilities (``Applicants'') are required to assess such proposed facilities to determine whether they may significantly affect the environment under Section 1.1307 of the Commission's rules. For example, under Section 1.1307(a)(4) of the Commission's rules, those Applicants currently are obliged to use the detailed procedures specified in the rules of the Advisory Council on Historic Preservation (``Council'') (36 C.F.R. � 800.1 et seq.) to determine whether their proposed facilities may affect districts, sites, buildings, structures, or objects significant in American history, architecture,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit  " " " APPENDIX D FINAL RULES Section 1.1307(a)(4) of the Commission's rules, 47 C.F.R. � 1.1307(a)(4), is amended to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4) Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A9_Erratum.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit  " " " APPENDIX D FINAL RULES Section 1.1307(a)(4) of the Commission's rules, 47 C.F.R. � 1.1307(a)(4), is amended to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4) Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible
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  • c: FINAL RULES For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R. Parts 1, 2, 15, and 87 as follows: PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 325(e) unless otherwise noted. 2. Section 1.1307(b)(1) is amended by revising the entry for ``Wireless Communications Service (part 27)'' to read as follows: � 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * (b)(1) * * * TABLE 1 - TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION Service (title 47 CFR rule
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  • radio transmitting equipment from an unauthorized location in Medora, North Dakota (``Medora tower'') in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act''). Under the Commission's environmental processing rules, licensees and applicants are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's rules. If proposed facilities may have significant environmental effects, the rules require licensees to prepare and file with the Commission Environmental Assessments (``EAs'') prior to construction. Consistent with the National Historic Preservation Act of 1966, as amended (``NHPA''), Section 1.1307(a)(4) of the Commission's rules requires licensees to prepare and to submit EAs to the Commission if their
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  • consequently, that KKBT(FM) was not a contributor to the area of non-compliance. Finally, Radio One argues that even if the Commission did not err in its field measurements, Radio One's reliance on its field study was reasonable and was a good faith basis for Radio One's belief that KKBT(FM) was not required to undertake the obligations set forth in Section 1.1307(b)(3) concerning stations that exceed the 5% RFR MPE threshold. III. DISCUSSION The proposed forfeiture amounts in this case were assessed in accordance with Section 503(b) of the Act, Section 1.80 of the Rules, and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture Guidelines (``Forfeiture Policy Statement''). In examining the Mt. Wilson
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  • the Anne Arundel County Zoning Ordinance are Preempted as Impermissible Regulation of Radio Frequency Interference Reserved Exclusively to the Federal Communications Commission, Memorandum Opinion and Order, 2003 WL 2151783 (WTB/2003). . Of course, where the Commission requires professional installation, non-federal third parties are free to make explicit in their rules a reference to this requirement. See, generally, 47 C.F.R. �� 1.1307 (Table 1) and 1.1310. Id. See 47 C.F.R. � 1.4000(b),(c). See also paragraph 9, supra and In the Matter of Victor Frankfurt, 16 FCC Rcd 2875 (CSB 2001), affirmed on review, 18 FCC Rcd. 18,431 (2003) (Petition for Declaratory Ruling under 47 C.F.R. � 1.4000). Legitimate safety requirements may satisfy the exception. See 47 C.F.R. � 1.4000(c). Clearly-defined, legitimate safety
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  • to allow geographic area licensees to construct and operate their stations pursuant to the procedures set out in Section 1.2113 of our rules, and we seek comment on any clarifications, extensions, or exceptions to that rule that may be necessary. We propose to require geographic area licensees to license individually any station that requires an Environmental Assessment pursuant to Section 1.1307 of our rules or international coordination, or would affect the radio quiet zones described in Section 1.924 of our rules. In the alternative, if we choose to adopt the kind of regulatory approach that we have applied to the 70/80/90 GHz bands, we propose to issue multiple, non-exclusive nationwide licenses. We recognize, of course, that there are significant differences between
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  • in our rules. CTIA ex parte February 7, 2005 at 5. Additionally, we would apply an antenna height power reduction table for base stations having antenna heights above average terrain of more than 300 meters. This would require a certain amount of power reduction (expressed in dB) for each of a series of antenna heights. . See 47 C.F.R. � 1.1307. CTIA ex parte filed February 7, 2005 at 6. Peak power or ``Peak Envelope Power'' is defined as the average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle at the crest of the modulation envelope taken under normal operating conditions. See Commission rule � 2.1, 47 C.F.R. � 2.1. Average or ``mean'' power
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
  • in our rules. CTIA ex parte February 7, 2005 at 5. Additionally, we would apply an antenna height power reduction table for base stations having antenna heights above average terrain of more than 300 meters. This would require a certain amount of power reduction (expressed in dB) for each of a series of antenna heights. . See 47 C.F.R. � 1.1307. CTIA ex parte filed February 7, 2005 at 6. Peak power or ``Peak Envelope Power'' is defined as the average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle at the crest of the modulation envelope taken under normal operating conditions. See Commission rule � 2.1, 47 C.F.R. � 2.1. Average or ``mean'' power
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  • that may inadvertently be discovered during construction. Accordingly, an Applicant is still required to notify any potentially affected Indian tribe or NHO of any such finds pursuant to Section IX or other applicable law. Ordering Clause Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.2 and 1.1307(a)(4) of the Commission's rules, 47 C.F.R. �� 1.2, 1.1307(a)(4), that this Declaratory Ruling IS ADOPTED effective immediately. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX /29/2005 Town of Heartland WI NT27 8/12/2005 Bonduel WI NT28 7/14/2005 Houston TX NT3 7/14/2005 Cypress TX NT4 7/14/2005 Houston TX NT5 7/14/2005 Houston TX NT6 7/14/2005 Bell County TX NT7 7/5/2005 Colfax WI NT8
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-176A1_Erratum.doc
  • that may inadvertently be discovered during construction. Accordingly, an Applicant is still required to notify any potentially affected Indian tribe or NHO of any such finds pursuant to Section IX or other applicable law. Ordering Clause Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.2 and 1.1307(a)(4) of the Commission's rules, 47 C.F.R. �� 1.2, 1.1307(a)(4), that this Declaratory Ruling IS ADOPTED effective immediately. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX /29/2005 Town of Heartland WI NT27 8/12/2005 Bonduel WI NT28 7/14/2005 Houston TX NT3 7/14/2005 Cypress TX NT4 7/14/2005 Houston TX NT5 7/14/2005 Houston TX NT6 7/14/2005 Bell County TX NT7 7/5/2005 Colfax WI NT8
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  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 16. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Cumulus Licensing LLC for Station KRMD, Channel 266C, Shreveport, Louisiana, IS MODIFIED to specify operation on Channel 266C at Oil City, Louisiana, subject to the
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  • will be subject to the application filing procedures for the Universal Licensing system, set forth in Part 1 of our rules. Licensees will be required to comply with the practices and procedures listed in Part 1 of our rules for, inter alia, license applications and adjudicatory proceedings. Licensees will be required to comply with the Commission's environmental provisions, including section 1.1307. Licensees will be required to comply with the antenna structure provisions of Part 17 of our rules. Licensees will be required to comply with the CMRS provisions of Part 20 and the public (common carrier) mobile radio services of Part 22, to the extent applicable. We seek comment generally on any provision in existing service-specific rules that may require specific
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  • H. Dortch Secretary Appendix A: Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R. parts 2, 25, and 90 as follows: PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 325(e) 3. Section 1.1307 is amended by revising paragraph (b) (2) to read as follows: � 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * (2) (2) Mobile and portable transmitting devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services (PCS), the Satellite Communications Services, the General Wireless
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  • the Commission observed that the National Environmental Policy Act of 1969 (NEPA) requires agencies of the Federal Government to evaluate the effects of their actions on the quality of the human environment. To satisfy in part its responsibilities under NEPA, the Commission has adopted Maximum Permissible Exposure (MPE) limits for radiofrequency (RF) radiation emitted by Commission-regulated transmitters and facilities. Section 1.1307(b)(3)(i) requires applicants proposing additional transmitters, facilities, or modifications to a licensed facility to submit an environmental assessment if the resulting emissions causes the power density in a geographic area to exceed the RF exposure limits specified in the Commission's rules by five percent. The Notice proposed revising Section 25.117 of the Commission's rules to state explicitly that earth station licensees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-63A1_Erratum.doc
  • the Commission observed that the National Environmental Policy Act of 1969 (NEPA) requires agencies of the Federal Government to evaluate the effects of their actions on the quality of the human environment. To satisfy in part its responsibilities under NEPA, the Commission has adopted Maximum Permissible Exposure (MPE) limits for radiofrequency (RF) radiation emitted by Commission-regulated transmitters and facilities. Section 1.1307(b)(3)(i) requires applicants proposing additional transmitters, facilities, or modifications to a licensed facility to submit an environmental assessment if the resulting emissions causes the power density in a geographic area to exceed the RF exposure limits specified in the Commission's rules by five percent. The Notice proposed revising Section 25.117 of the Commission's rules to state explicitly that earth station licensees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-103A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-103A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-103A1.txt
  • See Petition to Amend the Medical Implant Communications Service (MICS) Rules to add Inductive Telemetry at 90-110 KHz, filed February 21, 2006. 47 C.F.R. � 95.1209(a). The rules also provide for immediate transmission initiated by the medical implant transmitter in the case of a ``medical implant event.'' 47 C.F.R. � 95.1209(b). See Medtronic Petition, Appendix A, at proposed section �� 1.1307, 95.603(f). MICS Order at 14 FCC Rcd 21055-21057, 21066. 47 C.F.R. � 95.628, et seq 47 C.F.R. � 95.628. This rule also authorizes MICS transmitters to operate on any frequency within the 402-405 MHz band, and limits the emission bandwidth from a MICS device to 300 kHz. 47 C.F.R. � 95.1211. MICS Order at 21042-43. 47 C.F.R. � 2.106, footnote
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  • intended to preclude the transmission of control or signaling information or the use of repetitive codes used by certain digital technologies to complete frame or burst intervals. Applicants shall include in their application for equipment authorization a description of how this requirement is met. (d) TV band devices are subject to the radio frequency radiation exposure requirements specified in �� 1.1307(b), 2.1091 and 2.1093 of this chapter, as appropriate. All equipment shall be considered to operate in a "general population/uncontrolled" environment. Applications for equipment authorization of devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission
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  • C. The Avatar Report and Comments 22 D. Studies at Michigan Public Safety Communications System (MPSCS) Towers 30 III. DiScussion 32 A. Legal Framework 33 B. Possible Need for Commission Action 36 C. Possible Commission Actions 38 1. Lighting requirements 38 2. Use of Guy Wires 48 3. Tower Height 56 4. Tower Location 59 5. Collocation 60 6. Section 1.1307 61 7. Other Possible Actions. 65 IV. PROCEDURAL MATTERS 66 A. Ex Parte Rules - Permit-But-Disclose Proceeding 66 B. Initial Regulatory Flexibility Act Analysis 67 C. Initial Paperwork Reduction Act of 1995 Analysis 68 D. Comment Period and Procedures 69 E. Further Information 70 V. Ordering Clauses 71 APPENDIX A - Initial Regulatory Flexibility Analysis APPENDIX B - List of
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  • 1500 MHz is f/1500 mW/cm2 which for station KWHY-TV operating on 512 - 518 MHz is 0.345 mW/cm2. 47 C.F.R. � 1.1310, Note 1 to Table 1. 47 C.F.R. � 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65: ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields'' (August 1997). See 47 C.F.R. �� 1.1307(b), 1.1307(b)(1), 1.1310. RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13520-21; 47 C.F.R. � 1.1307(b)(3). RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13524; 47 C.F.R. � 1.1307(b)(3). Power density is equal to the square of the electric field strength divided by the characteristic impedance of free space (377 ohms). Similarly, power density is equal to
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  • into all future NEPA analyses, including those requested in the Petition. Below we consider each of these requests for relief in turn. A. Environmental Assessments on Categorically Excluded Towers We dismiss Petitioners' request that the owners of 5,797 previously constructed, categorically excluded towers file EAs on the ground that the request lacks specificity. First, while Petitioners are correct that section 1.1307(c) of the Commission's rules permits them to seek EAs for categorically excluded actions that will have a significant environmental effect, Petitioners fail to meet the requirement that the reasons for an EA be set forth in detail. This requirement necessitates that the asserted significant effects of each tower be set forth with specificity, rather than be lumped together under a
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  • 48 states, Alaska, Hawaii, Gulf of Mexico, and the U.S. territories. (b) The Public Safety Broadband License authorizes construction and operation of base stations anywhere within the area authorized by the license, except as follows: (1) A station is required to be individually licensed if: (i) International agreements require coordination; (ii) Submission of an environmental assessment is required under � 1.1307 of this chapter; or (iii) The station would affect areas identified in � 1.924 of this chapter. (2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under � 17.4 of this chapter. (c) Mobile and portable devices may operate without individual license under the authority of the
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  • 48 states, Alaska, Hawaii, Gulf of Mexico, and the U.S. territories. (b) The Public Safety Broadband License authorizes construction and operation of base stations anywhere within the area authorized by the license, except as follows: (1) A station is required to be individually licensed if: (i) International agreements require coordination; (ii) Submission of an environmental assessment is required under � 1.1307 of this chapter; or (iii) The station would affect areas identified in � 1.924 of this chapter. (2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under � 17.4 of this chapter. (c) Mobile and portable devices may operate without individual license under the authority of the
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  • and licensees would be subject to the application filing procedures for the Universal Licensing System, set forth in Part 1 of our rules. Licensees would be required to comply with the practices and procedures listed in Part 1 of our rules for license applications, adjudicatory proceedings, etc. Licensees would be required to comply with the Commission's environmental provisions, including section 1.1307. Licensees would be required to comply with the antenna structure provisions of Part 17 of our rules. To the extent a licensee provides a Commercial Mobile Radio Service, such service would be subject to the provisions of Part 20 of the Commission's rules, including 911/E911 and hearing aid-compatibility (HAC) requirements, along with the provisions in the rule part under which
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  • 1.1301 through 1.1319 of the Commission's rules, or to obtain prior approval from the Commission for non-complying repeaters. The 2001 Public Notice repeated the proposal to require prior Commission approval before SDARS licensees can operate any repeater that would have significant environmental effects, as that term is defined by Sections 1.1301 through 1.1319 of the Commission's rules. Specifically, under Section 1.1307 licensees are subject to routine environmental evaluation if a particular facility, operation, or transmitter would cause human exposure to levels of RF emissions in excess of specified limits. For terrestrial cellular, and paging services, this limit is set at 1640 W EIRP (or 1000 W ERP). The 2001 Public Notice, however, sought comment on a proposal by the SDARS licensees
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  • 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, by T-Mobile
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  • population'' and ``occupational/controlled'' conditions, and we ask commenters to discuss how these rules should be applied to the proposed military and other potential uses for VMES. We seek comment as to whether we should require cautionary labeling for all VMES terminals and whether we should recommend professional installation for subscriber transceiver antennas. In this regard, we direct commenters to section 1.1307(b) of our rules, which requires licensees to perform routine exposure evaluation for all Part 25 transmitters, and to the references to our rules that describe the limits for RF exposure. Equipment Certification The Communications Act authorizes the Commission to make regulations to ensure that, before an RF device enters the stream of commerce, it complies with the appropriate technical rules
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  • Mark Moceri, Technical Consultant at para. 8 (February Substantive Petition, Appendix C). As of February 2002, Royce and Stocker had not yet completed an environmental study which must accompany a local zoning application. See February Substantive Petition at 13. Royce's application to the Commission certified compliance with the Commission's environmental rules. See File No. BMP-20001020AAT, Question III(A)(11); 47 C.F.R. � 1.1307(a)(3). See February Substantive Petition at 13 and Appendix C. See Declaration of Mark Moceri, Technical Consultant (Attached to May 24, 2002 Letter from Andrew S. Kersting to Marlene H. Dortch). See Declarations of Edward Stolz, Royce's Proprietor, and Mark Moceri, Technical Consultant (Attached to May 24, 2002 Letter from Andrew S. Kersting to Marlene H. Dortch). Royce filed that application
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  • - Contains rules applicable to common carriers, including application filing requirements for international section 214 authorizations. Part 64 - Miscellaneous Rules Relating to Common Carriers - Subpart J contains rules regarding the Commission's settlements policy. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE OFFICE OF ENGINEERING AND TECHNOLOGY (OET) ET Docket No. 08-180 Part 1 - Practice and Procedure - Sections 1.1307, 1.1310, and 1.1311 set forth radiofrequency safety portions of procedures for implementing the National Environmental Policy Act of 1969. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations - Establishes procedures for authorization of radio equipment, defines terms for radio services and contains the Table of Frequency Allocations which identifies what uses are permitted on radio
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  • 05-30, 20 FCC Rcd 4616 (2005) (``ATC Second Reconsideration Order''), further reconsideration pending. ATC Report and Order at �� 2, 20-45, and 210-11. Id. at �240. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at �239; also see 47 CFR �� 1.1307, 17.4, and 17.7. 47 CFR � 25.149(c)(1) and (2). Also see 47 CFR �� 2.803, 2.901 et seq., and 2.1204. These gating criteria are set forth in 47 CFR � 25.149. ATC Report and Order at �72. 47 CFR � 25.149(b)(1). 47 CFR � 25.149(b)(2). 47 CFR � 25.149(b)(3). The Commission explained that ATC authority permits licensees to deploy MSS
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  • ``within 180 days of the Commission's order [adopting new location accuracy standards], an industry group to evaluate methodologies for assessing wireless E9-1-1 location accuracy for calls originating indoors and report back to the Commission within one year.'' Id. See Verizon Wireless November 3, 2008 Ex Parte Letter at 2. See id. 42 U.S.C. �� 4321 et seq. 47 C.F.R. �� 1.1307(b), 1.1310, 2.1091, 2.1093. 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) (``RF Report & Order''); on reconsideration, FCC 85-467, 58 RR 2d
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  • MHz from the edge of the operating channel, radiated emissions from TVBD devices shall meet the requirements of Section 15.209 of this part. r line are required to comply with the conducted limits set forth in Section 15.207 of this part. (d) Compliance with radio frequency exposure requirements. To ensure compliance with the Commission's radio frequency exposure requirements in �� 1.1307(b), 2.1091 and 2.1093 of this chapter, fixed TVBDs shall be accompanied by instructions on measures to take to ensure that persons maintain a distance of at least 40 cm from the device, as well as any necessary hardware that may be needed to implement that protection. These instructions shall be submitted with the application for certification. Personal/portable TVBDs that meet
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  • 15417-18. See, e.g., CTIA Comments at 10. April 700 MHz Order, 22 FCC Rcd at 8103; see also August 700 MHz Order, 22 FCC Rcd at 15417-18. See, e.g., April 700 MHz Order, 22 FCC Rcd at 8103. As we explain above (see supra note 100), licensees will remain subject to our existing environmental regulations. See, e.g., 47 C.F.R. �� 1.1307 and 1.1310; id. � 2.1091 (governing RF radiation exposure evaluation specifically for mobile devices); id. � 2.1093 (governing RF radiation exposure evaluation specifically for portable devices). This requirement applies to PCS/AWS base stations and mobile/portable units alike. We also clarify that the calculation method that AWS licensees must use if they choose to continue measuring power in terms of peak
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  • T-Mobile USA, Inc. 16 U.S.C. � 470f. The NPA is codified at 47 C.F.R. Part 1, App. C. 16 U.S.C. � 470f. See 47 C.F.R. � 1.1312(a) (requiring licensee or applicant to initially ascertain whether proposed facility may have significant environmental impact prior to initiation of construction in cases where no pre-construction Commission authorization is otherwise required). 47 C.F.R. � 1.1307(a)(4). If a proposed facility may significantly affect the environment, either due to its effect on historic properties or for any other reason specified in the Commission's rules, the applicant must prepare an Environmental Assessment and cannot begin construction until the Commission has completed environmental processing. See 47 C.F.R. �� 1.1307, 1.1308, 1.1312, and 1.1317. 16 U.S.C. � 470s. See NPA
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  • NPA Report and Order, 316 U.S.C. � 470f. The NPA is codified at 47 C.F.R. Part 1, App. C. 416 U.S.C. � 470f. 5See47 C.F.R. � 1.1312(a) (requiring licensee or applicant to initially ascertain whether proposed facility may have significant environmental impact prior to initiation of construction in cases where no pre-construction Commission authorization is otherwise required). 647 C.F.R. � 1.1307(a)(4). If a proposed facility may significantly affect the environment, either due to its effect on historic properties or for any other reason specified in the Commission's rules, the applicant must prepare an Environmental Assessment and cannot begin construction until the Commission has completed environmental processing. See 47 C.F.R. �� 1.1307, 1.1308, 1.1312, and 1.1317. 716 U.S.C. � 470s. 8 See
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  • to any structure for which the height to the tip of the antenna will exceed three (3) meters (9.8 feet) above ground. This would replicate the same requirement that applies to the MedRadio Service. RF safety. We note that portable devices are subject to Section 2.1093 of the rules, pursuant to which an environmental assessment must be prepared under Section 1.1307. These rule sections also govern existing MedRadio devices. Devices covered by these rules are subject to routine environmental evaluation for RF exposure prior to equipment authorization of use. We further note, however, that our ongoing RF safety proceeding (ET Docket No. 03-137) anticipates dealing with proposed changes in the Commission's rules regarding human exposure to RF electromagnetic fields in a
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  • Dortch Secretary APPENDIX A Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R. parts 1, 2, and 95 as follows: PART 1-PRACTICE AND PROCEDURE The authority citation for part 1 continues to read as follows: Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. Section 1.1307 is amended by revising paragraph (b)(2) to read as follows: � 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * (b) * * * (2) * * * Equipment authorized for use in the Medical Device Radiocommunication Service (MedRadio) as a medical implant or body-worn transmitter (as
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  • since 1996, a regulated party acting in good faith would be able to identify, with ascertainable certainty, the standards with which the Commission expects parties to conform in order to comply with the RFR rules. We further find that licensees and applicants must comply with the MPE limits for RFR found in Section 1.1310 of the rules; and that Section 1.1307(b)(3) of the rules places an affirmative duty on all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure limit applicable to their particular transmitter, to ensure compliance with the Section 1.1310 limits at the relevant sites. Infinity raises three primary arguments in its Application for Review. First, Infinity argues
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  • Fries Virginia, NEPA-01936, Opposition to Petition for Reconsideration of USCOC of Virginia RSA #2, Inc., a subsidiary of United States Cellular Corporation, filed April 5, 2007 (Opposition to Petition for Reconsideration). See Consent Decree, attached to Consent Order at 1, �1. Id. at 1, �2. See Section 110(k) Letter at 1; see also 16 U.S.C. � 470f; 47 C.F.R. � 1.1307(a)(4). See 47 C.F.R. � 1.1307(a)(4) and Part 1, Appendix C, � VII.A.1 (``Nationwide Programmatic Agreement'' or ``NPA''). See NPA, � VII.A.2. Id., � VII.A.4. See Opposition to Petition to Deny at 1-2. See Letter from Ethel R. Eaton, Manager, Office of Review and Compliance, Virginia Department of Historic Resources, to Engineering Concepts, Inc., dated November 8, 2005; see also Consent
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  • Tower in Fries Virginia, NEPA-01936, Opposition to Petition for Reconsideration of USCOC of Virginia RSA #2, Inc., a subsidiary of United States Cellular Corporation, filed April 5, 2007 (Opposition to Petition for Reconsideration). 10 See Consent Decree,attached to Consent Order at 1, �1. 11 Id.at 1, �2. 12 SeeSection 110(k) Letterat 1; see also16 U.S.C. � 470f; 47 C.F.R. � 1.1307(a)(4). 13 See 47 C.F.R. � 1.1307(a)(4) and Part 1, Appendix C, � VII.A.1 ("Nationwide Programmatic Agreement" or "NPA"). 14 SeeNPA, � VII.A.2. 15 Id., � VII.A.4. 16 SeeOpposition to Petition to Deny at 1-2. 8730 Federal Communications Commission FCC 09-53 for the VASHPO to complete its review.17In addition, on November 17, 2005, FFFITS, claiming it was a consulting party in
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  • by which temporary outdoor antennas are permitted? We invite commenters to address the relative advantages and disadvantages of either approach for MBAN use in any of the frequency bands under consideration in this proceeding. RF safety. We note that portable devices are subject to Section 2.1093 of the rules, pursuant to which an environmental assessment must be prepared under Section 1.1307. These rule sections also govern existing MedRadio devices. Devices covered by these rules are subject to routine environmental evaluation for RF exposure prior to equipment authorization. We further note, however, that in our ongoing RF safety proceeding (ET Docket No. 03-137) we anticipate dealing with proposed changes in our rules regarding human exposure to RF electromagnetic fields in a more
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  • 14229, Appendix B (2008). The appropriate block on Form 312 is on the Main Form at question 25(g), ``other,'' under ``Type of Station.'' See supra note 368. See also 47 C.F.R. � 1.1107 (Item 3.a, $2,530/individual FSS transmit/receive earth station filing fee for initial application) See infra Appendix B, � 25.226(b)(1). 47 C.F.R. �� 2.1091(c); see also 47 C.F.R. �� 1.1307(b)(2) (subjecting Part 25 mobile devices to routine environmental evaluation for RF exposure prior to equipment authorization or use). 47 C.F.R. � 2.1091 (including operating at frequencies above 1.5 GHz with effective radiated power of 3 watts or more). See also 47 C.F.R. �� 25.129, 2.1093 (certification requirements for ``portable earth station transceivers'' located within 20 centimeters of the body of
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  • cells are wireless facilities owned by the end user which extend a service provider's network into a local premise and use customer provided broadband for backhaul capability. Some new models of networking propose customer ownership of the last mile or alternatively the creation of a broadband commons, both permitting customer choice in selecting service providers. See http://wireless.fcc.gov/outreach/index.htm?job=tower_notification. 47 C.F.R. � 1.1307(a)(4) (governing facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places). See also 47 C.F.R � 1.1307(a)(5) (governing Indian religious sites). The TCNS facilitates communication with, and provides early notification of proposed tower construction to, Indian
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-66A1_Rcd.pdf
  • smaller size and weight, and if space on existing towers or other structures suitable for a DAS system can be found, it could be possible to eliminate certain expenses relating to tower construction as well as the related pre-construction environmental, aviation, and other regulatory reviews.63 Other technologies, such as multi-carrier amplifiers, might simplify system implementations 58See http://wireless.fcc.gov/outreach/index.htm?job=tower_notification. 5947 C.F.R. � 1.1307(a)(4) (governing facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places). See also47 C.F.R � 1.1307(a)(5) (governing Indian religious sites). The TCNS facilitates communication with, and provides early notification of proposed tower construction to, Indian Tribes,
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  • may be subject to additional restrictions if you operate your Personal Radio Services transmitter: (1) Near an FCC field office or in a quiet zone. See � 1.924 of this chapter. (2) In an area subject to an international treaty or agreement. (3) At an environmentally sensitive site, or in such a manner as to raise environmental problems. See �� 1.1307, 1.1311 and 1.1312 of this chapter. (4) In an area administered by the United States Government. For example, the Department of Defense may impose restrictions on a station transmitting on its land. Before placing a station at such a point, a licensee should consult with the commanding officer in charge of the land. Anyone intending to operate a Personal Radio
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • face and body-worn SAR can be close to the general public SAR limit for some models. In some cases, when feasible, the equipment authorization must be restricted for use in the occupational/controlled exposure environment. 71For purposes of a portable GMRS device, we use the definition found in section 2.1093(b) of the Commission's rules. See47 C.F.R. � 2.1093(b). 7247 C.F.R. �� 1.1307(b)(2), 2.1093(d)(2). 73See proposed �95.49. 74A small control station north of Line A or east of Line C (i.e., near the U.S./Canada border area) must transmit with no more than five watts ERP on the 467 MHz channels. See47 C.F.R. �� 95.25(d), 95.29(b), 95.135(c). 75At the end of December 2007, there were 263 million mobile phone subscribers, representing nearly 86 percent
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  • unlicensed NII devices and millimeter wave devices authorized under subparts D and E, ��15.253, 15.255 and 15.257 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. All other portable transmitting devices are categorically excluded from routine environmental evaluation for RF exposure prior to equipment authorization or use, except as specified in ��1.1307(c) and 1.1307(d) of this chapter. Applications for equipment authorization of portable transmitting devices subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in paragraph (d) of this section as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. II. PART 80 - STATIONS
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  • guide the participant through the administrative process, and to answer any questions. The Bureau has also responded to direct inquiries from various Pilot Program participants. We anticipate that the Bureau and USAC will engage in similar outreach efforts for the health infrastructure program. See generally 42 U.S.C. � 4332 (NEPA) and 16 U.S.C. � 470f (NHPA). See 47 C.F.R. � 1.1307 et seq. 47 C.F.R. � 54.609. Id. � 54.621(a), (c). Alternatively, eligible health care providers that cannot obtain toll-free access to an Internet service provider is entitled to receive support for 30 hours of access to an ISP per month or $180 per month in toll charge credits, whichever is less. Id. � 54.621(b). Rural Health Care Support Mechanism, WC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.txt
  • Order and Second Order on Reconsideration, 20 FCC Rcd 4616 (2005) (ATC Second Reconsideration Order), further reconsideration pending. ATC Report and Order at � 240. An individual, site-specific license must be obtained for any ATC base station that presents an aviation-hazard issue or for which an Environmental Assessment must be prepared. Id. at � 239; also see 47 CFR �� 1.1307, 17.4, and 17.7. These gating criteria are set forth in 47 CFR � 25.149. ATC Report and Order at �� 72-86. 47 CFR � 25.149(b)(1). 47 CFR � 25.149(b)(2). 47 CFR � 25.149(b)(3). The Commission explained that ATC authority permits licensees to deploy MSS ATC subject to several conditions designed in part to ensure the allocation remains first and foremost
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.txt
  • Rules governing applications for authorizations in the Experimental Radio Service (including market trials) are set forth in part 5 of this chapter. * * * * * Section 1.544 is amended by revising the entire section to read as follows: � 1.544 Application for broadcast station to conduct field strength measurements and for experimental operation. See ��5.59 and 5.203. Section 1.1307 is amended by revising the twenty-seventh row of the table in paragraph (a)(1) to read as follows: � 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a) * * * (1) * * * Table 1-Transmitters, Facilities and Operations Subject to Routine Environmental Evaluation Service (title 47 CFR rule part) Evaluation
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  • - Contains rules applicable to common carriers, including application filing requirements for international section 214 authorizations. Part 64 - Miscellaneous Rules Relating to Common Carriers - Subpart J contains rules regarding the Commission's settlements policy. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE OFFICE OF ENGINEERING AND TECHNOLOGY (OET) ET Docket No. 10-269 Part 1 - Practice and Procedure - Sections 1.1307, 1.1310, and 1.1311 set forth radiofrequency safety portions of procedures for implementing the National Environmental Policy Act of 1969. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations - Establishes procedures for authorization of radio equipment, defines terms for radio services and contains the Table of Frequency Allocations which identifies what uses are permitted on radio
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  • shall take reasonable precautions to avoid causing harmful interference; this includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference). See Motorola comments at 5. See 47 C.F.R. � 90.247(c). See 47 C.F.R. � 90.205. See 47 C.F.R. �� 2.1901, 2.1093; see also 47 C.F.R. �� 1.1307, 1.1310. See Motorola comments at 5. See 47 C.F.R. � 90.247(f). Some commenters expressed concern over the length of the delay. See FIT comments at 5-6; Sprint Nextel comments at 3-4; PCIA comments at 4-5; EWA reply comments at 4. See Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land
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  • foot or greater or coordinates of one second or greater in longitude or latitude of an antenna structure requires prior approval from the FAA and the Commission. (e) Any change in the marking and lighting specifications described on any antenna structure registration requires prior approval from the FAA and the Commission. (f) If an Environmental Assessment is required under � 1.1307 of this chapter, the Bureau will address the environmental concerns prior to processing the registration. (g) If a final FAA determination of "no hazard" is not submitted along with FCC Form 854, processing of the registration may be delayed or disapproved. . This notification may be done electronically or via paper mail. (i) If the owner of the antenna structure
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  • the repeaters will not be transmitting content that is different from the content supplied to subscribers in the conterminous United States via satellite. Accordingly, repeaters in Puerto Rico, Alaska, Hawaii, and U.S. Territories and Possessions can be included as part of an application for blanket authority to operate terrestrial repeaters. SDARS Environmental Impact and RF Safety Environmental Assessment Background. Section 1.1307(b) of the Commission's rules requires almost all Commission licensees to prepare an Environmental Assessment (EA) if a particular facility, operation, or transmitter would cause human exposure to levels of RF fields in excess of certain specified limits. For licensees subject to Part 25 and transmitting in frequency bands above 1,500 MHz, those limits are 5 mW/cm2 averaged over six minutes
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1_Rcd.pdf
  • not be transmitting content that is different from the content supplied to subscribers in the conterminous United States via satellite. Accordingly, repeaters in Puerto Rico, Alaska, Hawaii, and U.S. Territories and Possessions can be included as part of an application for blanket authority to operate terrestrial repeaters. 5. SDARS Environmental Impact and RF Safety a. Environmental Assessment 290. Background. Section 1.1307(b) of the Commission's rules requires almost all Commission licensees to prepare an Environmental Assessment (EA) if a particular facility, operation, or transmitter would cause human exposure to levels of RF fields in excess of certain specified limits.677For licensees subject to Part25 and transmitting in frequency bands above 1,500 MHz, those limits are 5mW/cm2averaged over six minutes forthe licensee's employees, provided
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  • effectively restrict MMNs to portable body-worn devices and preclude the use of fixed antennas, we conclude that it is unnecessary for us to adopt a new rule containing these restrictions.. RF Safety. In the NPRM, the Commission noted that portable devices are subject to Section 2.1093 of its rules, pursuant to which an environmental assessment must be prepared under Section 1.1307, and that these rule sections also govern existing MedRadio devices. The Commission further noted that its ongoing RF safety proceeding (ET Docket No. 03-137) anticipated dealing with proposed changes in the Commission's rules regarding human exposure to RF electromagnetic fields in a more comprehensive fashion. The NPRM only sought comment on whether MMN implant and programmer/controller transmitters should be deemed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
  • current environmental procedures: (1) require preparation of an EIS for any proposed action deemed to significantly affect the quality of the human environment; (2) require preparation of an EA for any proposed action that may have a significant environmental effect; and (3) categorically exclude from environmental processing proposed actions deemed individually and cumulatively to have no significant environmental effect. Sections 1.1307(a) and (b) of the Commission's existing rules identify those types of communications facilities that may significantly affect the environment and for which applicants must always prepare an EA that must be evaluated by the Commission as part of its decision-making process. These include facilities in officially designated wilderness areas or wildlife preserves, facilities that may affect threatened or endangered species
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • should the proposal be implemented, (iii) alternatives to the proposed action, (iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-termproductivity, and (v) any irreversible and irretrievable commitments of resources which wouldbe involved in the proposed action should it be implemented." 42 U.S.C. � 4332(2)(C). See also40 C.F.R. � 1508.11. 1847 C.F.R. � 1.1307. See also47 C.F.R. � 1.1308(b) ("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(a) (information to be included in an environmental assessment). 19Pursuant to
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  • Rcd 18078 (WTB 2008); ``The Wireless Telecommunications Bureau Receives Clearance from the Office of Management and Budget (OMB) to Make Mandatory the Use of Electronic FCC Form 655 for Hearing Aid Compatibility Status Reports,'' Public Notice, DA 09-1298 (WTB rel. June 10, 2009). 42 U.S.C. � 4332. 16 U.S.C. � 470f. 47 C.F.R. Part 1, App. C; see 47 C.F.R. �1.1307(a)(4). See ``The Wireless Telecommunications Bureau Announces the Introduction of a Streamlined Process and Automated System to Expedite the Commission's Review of Proposed Construction Projects,'' Public Notice, 23 FCC Rcd 13560 (WTB 2008). Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Second Report and Order
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  • are designed to be used so that the radiating structure(s) is/are within 20 centimeters of the user or other persons, as defined for portable devices in section 2.1093(b). Thus, we propose to permit only fixed and mobile signal boosters, which will be governed by the RF exposure rules regarding how the devices are deployed. The RF exposure rules in sections 1.1307 and 2.1091 outline exposure limits, equipment authorization requirements, and other regulatory requirements that are based on the type of device, how it is deployed or used, the power of its transmissions, and the proximity of its antenna and radiating structures to a person's body. To maintain RF exposure compliance, the operation of signal boosters can be highly dependent on how
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-6A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-6A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-6A1.txt
  • Section 106 of the National Historic Preservation Act (16 U.S.C. � 470f). The Commission's rules require an Environmental Assessment (EA) prior to construction when a facility may have a significant impact on the environment. In order to determine whether an EA is necessary, applicants are required to ascertain whether their facilities may have nine types of effects specified in Section 1.1307(a) and (b) of the rules. Public Safety Broadband and Next-Generation 911 Networks As the broadband public safety network is developed, it expands the potential means for first responders not only to communicate with one another, but also to communicate with and receive data from 911 centers that will assist them in responding to emergencies. This potential will increase even further
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  • operate over the temperature range -20 to +50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage, unless justification is presented to demonstrate otherwise. (e) Regardless of the power density levels permitted under this section, devices operating under the provisions of this section are subject to the radiofrequency radiation exposure requirements specified in �� 1.1307(b), 2.1091 and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request. APPENDIX B Initial Regulatory Flexibility Analysis As required by the
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  • and licensees would be subject to the application filing procedures for the Universal Licensing System, set forth in Part 1 of our rules. Licensees would be required to comply with the practices and procedures listed in Part 1 of our rules for license applications, adjudicatory proceedings, etc. Licensees would be required to comply with the Commission's environmental provisions, including Section 1.1307. Licensees would be required to comply with the antenna structure provisions of Part 17 of our rules. To the extent a licensee provides a Commercial Mobile Radio Service, such service would be subject to the provisions of Part 20 of the Commission's rules, including 911/E911 and hearing aid-compatibility (HAC) requirements, along with the provisions in the rule part under which
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  • we have used for implanted devices should not apply to sensors. Instead we will use the broader 0�C to 55�C specification. RF Safety. In the NPRM, we noted that portable radiofrequency (RF) transmitting devices are subject to Section 2.1093 of the Rules, pursuant to which an environmental assessment concerning human exposure to RF electromagnetic fields must be prepared under Section 1.1307, and that these rule sections also govern existing MedRadio devices. We also noted that the Commission has an open RF safety proceeding (ET Docket No. 03-137) in which it proposed to conduct a comprehensive review of its rules regarding human exposure to RF electromagnetic fields. Thus, the NPRM only sought comment on whether MBAN transmitters should be deemed portable devices.
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  • in � 63.18(h)(1) and (2) of this chapter; and (9) Any other information that may be necessary to enable the Commission to act on the application. ***** Section 1.1306 is amended by adding the following sentence to the end of Note 1: � 1.1306 Actions which are categorically excluded from environmental processing. ***** Note 1: *** The provisions of � 1.1307(a) and (b) of this part do not encompass the construction of new submarine cable systems. PART 43 - REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES The authority citation for part 43 continues to read as follows: Authority: 47 U.S.C. 154; Telecommunications Act of 1996, Pub. L. 104-104, secs. 402 (b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless otherwise
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-305A1.pdf
  • ET Docket No. 97-94, 13 FCC Rcd 11415 (1998). See 47 C.F.R. � 90.213. See NPRM at � 35. See Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1997), Second Memorandum Opinion and Order and Notice of Proposed Rule making at para. 31, ET Docket No. 93-62, 12 FCC Rcd 13494 (1997). See also, 47 C.F.R. � 1.1307(b). See 47 C.F.R. �� 15.245(b), 15.247 and 15.249. See NPRM at �42. Amtech explains that backscatter tags contain circuitry that modulates a signal striking the tag so that the reflected (backscatter) signal can be received by a reader and then decoded. Backscatter tags do not contain a transmitter and may operate without a battery, relying on the incident signal as
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  • at 24 GHz in the United States will be subject to any agreements reached with Canada and Mexico. We are in the process of holding discussions with these countries to determine the types of coordination that would be necessary. 2. RF Safety 41. We propose that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which lists the services and devices for which an environmental evaluation must be performed. We tentatively conclude that routine environmental evaluations for RF exposure should be required in the case of fixed operations, including base stations, when the effective radiated power (ERP) is greater than 1,000 watts. 42. We propose to treat services
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  • for regulatory issues addressed in these Arrangements." This term refers to a body such as the European Community's CEPT. See Section IV, p.2. European Commission, ERC/DEC (98) SS. See 47 C.F.R. �2.907. See Arrangements, Section IV, p. 3. See 47 C.F. R. Part 2., subpart J. See, e.g., U.S. LEO Services, 11 FCC Rcd 20474 (1996). See 47 C.F.R. �� 1.1307, 25.135(b) and (c), 25.136(a) and (b), 25.202(a)(3), 25.202(a)(4), 25.202(d), 25.202(f), and 25.213(a)(1) and (b). See Petition for Equipment Certification filed May, 12 1998. [File No. 31010/EQU 4-3-1] See 47 C.F.R. �2.803. For example, we understand that GMPCS equipment certified in Europe would bear the "Communit� Europ�en" or "CE" mark on the terminal. See 47 C.F.R. �2.1204(a). 47 U.S.C. � 302(a).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • any channel for which they are licensed, provided the operation does not require individual Commission review. The Commission also stated that all remote stations would be blanket licensed under the EA license. Under this proposal, EA licensees would still be required to individually license any master station that: (1) requires the submission of an Environmental Assessment under 47 C.F.R. � 1.1307; (2) requires international coordination; or (3) would affect the radio frequency quiet zones described in 47 C.F.R. �� 22.369 and 101.123. In addition, any MAS antenna structure that requires notification to the Federal Aviation Administration (FAA) has to be registered with the Commission prior to construction. The Commission indicated that it would be the EA licensee's responsibility to decide whether
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/1998/fcc98119.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/1998/fcc98119.wp
  • 64 See ESN Reply at 3. 65 See 3M Reply at 10. 66 See ITS America Reply at 6. 67 See Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1997), Second Memorandum Opinion and Order and Notice of Proposed Rulemaking at para. 31, ET Docket No. 93-62, 12 FCC Rcd 13494 (1997). See also, 47 C.F.R. � 1.1307(b). 18 33. Two parties oppose the allocation of spectrum for DSRC operations because they claim that such operations would generate sufficient levels of RF energy to cause health problems to the public. Specifically, the Cellular Phone Taskforce ("CPT") and the Electrical Sensitivity Network ("ESN") claim that some people are especially sensitive to RF energy and oppose the use of DSRC
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  • MHz MO&O and FNPRM at �� 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, � 106; see also Upper 700 MHz MO&O and FNPRM at �� 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, � 111. See supra para. 43. These existing requirements are found in 47 CFR �� 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, � 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report
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  • The instruction manual furnished with the intentional radiator shall contain language in the installation instructions informing the operator and the installer of this responsibility. (5) Systems operating under the provisions of this section shall be operated in a manner that ensures that the public is not exposed to radio frequency energy levels in excess of the Commission's guidelines. See � 1.1307(b)(1) of this Chapter. (c) In any 100 kHz bandwidth outside the frequency band in which the spread spectrum or digitally modulated intentional radiator is operating, the radio frequency power than is produced by the intentional radiator shall be at least 20 dB below that in the 100 kHz bandwidth within the band that contains the highest level of the desired
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  • addressed by these requirements is human exposure to RF energy emitted by FCC-regulated transmitters and facilities. 14. The Commission's environmental processing rules, 47 C.F.R. �� 1.1301-1.1319, generally require an applicant to perform the necessary analysis (e.g., calculations and/or measurements) to ascertain whether a particular transmitting facility or device complies with the Commission's adopted RF exposure guidelines set forth in section 1.1307(b), in effect at the time the applicant files for an initial construction permit, license, or renewal or modification of an existing license. If on the basis of the applicant's analysis the applicant determines that the facility complies (or will comply) with the Commission's adopted RF guidelines, the applicant certifies compliance as part of its application. If, on the other hand,
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  • out-of-band emissions limit. Emissions in the band 1559-1605 MHz shall be limited to -70 dBW / MHz averaged over any 20 millisecond period for wideband signals, and a standard of -80 dBW across within the measurement bandwidth of 700 Hz or less for narrowband signals. (d) Licensees and manufacturers are subject to the radiofrequency radiation exposure requirements specified in � 1.1307(b), � 2.1091 and � 2.1093 of this chapter, as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section shall contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement shall be submitted to the Commission upon request. (e) Equipment authorizations issued pursuant
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.txt
  • Final Rules For the reasons discussed in the Report and Order, the Federal Communications Commission amends 47 C.F.R. Parts 2, 15, 90, and 95 as follows: PART 1 PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 303(r). 2. Section 1.1307 is amended by revising paragraph (b)(2) to read as follows: � 1.1307 Actions which may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * (b) * * * (2) Mobile and portable transmitting devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services (PCS), the Satellite Communications Services, the
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  • these other subscriber antennas. In addition, we have recently made labeling a condition for invoking protection from restrictions that impair the installation, maintenance, or use of customer-end antennas that are used to transmit fixed wireless service, where the antenna user has a direct or indirect ownership or leasehold interest in the property. Accordingly, we are amending Table 1 in Section 1.1307(b) of the Commission's rules to provide for labeling requirements for NGSO subscriber equipment. Labeling information should include minimum separation distances required between users and radiating antennas to meet the Commission's radiofrequency exposure guidelines. Labels should also include reference to the Commission's applicable radiofrequency exposure guidelines. In addition, the instruction manuals and other information accompanying subscriber transceivers should include a full
• http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99051.pdf http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99051.txt http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99051.wp
  • activity over vast distances, the environmental consequences for the ocean, the ocean floor, and the land are negligible." We went on to describe how, "[i]n shallow water, the cable 132 See 47 U.S.C. � 154(k)(4) (directing the Commission to make "specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable"). 133 See 47 C.F.R. � 1.1307 (1997) (facilities that may significantly affect the environment for purposes of the environmental processing requirements include, e.g., facilities that are to be located in an officially designated wilderness area, facilities that are to be located in an officially designated wildlife preserve, and facilities that may affect properties that are listed or are eligible for listing in the National Register of
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • that do not exceed the DTV reference ERP and HAAT for this station as established in 47 C.F.R. Section 73.622. 2. The proposed facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the applicable health and safety guidelines, and therefore will not come within 47 C.F.R. Section 1.1307. 3. Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will encompass the allotted principal community. 4. The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations, radio receiving installations and FCC monitoring stations have either been satisfied or are not applicable. 5. The antenna structure to be used by this facility
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1997/fc97116d.pdf
  • that do not exceed the DTV reference ERP and HAAT for this station as established in 47 C.F.R. Section 73.622. 2. The proposed facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the applicable health and safety guidelines, and therefore will not come within 47 C.F.R. Section 1.1307. 3. Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will encompass the allotted principal community. 4. The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations, radio receiving installations and FCC monitoring stations have either been satisfied or are not applicable. 5. The antenna structure to be used by this facility
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • requirement be imposed. These Federal Communications Commission FCC 98-231 55 Declaratory Ruling and Order, 11 FCC Rcd at 18862 56 NPRM at � 27. 57 Id at 12669-70 (citing Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996) (RF Report and Order) and 47 C.F.R. � 1.1307(b)(1)). 58 Id at 12670. 59 Id. 60 Id. 16 concepts were generally supported in the Comments and Replies and we are adopting them in our rules. The extra interference potential of individual low power boosters and response stations which might arise from frequency instability is very limited, and thus imposing a tolerance requirement on them would result in added equipment
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). in this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. Worksheet #3 includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. These pages are designed to facilitate and
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • tower lighting checks, entries need only be made when necessary. Logs must be retained for two years from the date of the last entry, and station logs must be made available to FCC personnel upon request. Environmental Requirements. As with any applicant for a Commission license, an LPFM proponent will have to certify compliance with the environmental requirements of Section 1.1307 of our rules. In order to facilitate the preparation and processing of LPFM applications, we will simplify the environmental compliance worksheets included in the current FCC Form 301 to account for the low operating power of LPFM stations. Radio Astronomy Installation Notifications. Low power FM broadcast stations will be required to coordinate with and provide protection to the radio quiet
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
  • of service must be achieved by December 31, 2004 for commercial stations and December 31, 2005 for noncommercial stations. Operating DTV stations must be providing this level of service over their principal communities at that time. 38. The majority of petitioners that addressed this issue did not object to the Commission's 56 47 C.F.R. � 17.7. 57 47 C.F.R. � 1.1307. 58 47 C.F.R. � 73.1635(b). 59 See 47 C.F.R. � 73.625 (as revised in Appendix A). 60 47 U.S.C. � 307(b). Federal Communications Commission FCC 01-330 16 increased city grade signal requirement as long as it was implemented in conjunction with a waiver policy that affords broadcasters flexibility in certain circumstances.61 MSTV, NAB, ALTV, and Joint Broadcasters point out that
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • that similarly situated licensees are treated in a consistent manner, and allow us to more effectively collect the data we need to fulfill our statutory mandates. We believe that applicants for geographic area licenses in the wireless telecommunications services should, at a minimum, provide the Commission with technical information (1) when an Environmental Assessment is needed, as prescribed by section 1.1307; or (2) to effect international coordination, when necessary. Site data is also needed where towers will extend more than 200 feet above 125 ground or will be located near an airport in order to maintain safety in air navigation.126 79. In general, we believe that a reduced filing burden would be in the public interest. By changing our rules to
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • channel interference as a general matter.121 To implement sharing between conventional broadcast and other commercial services, different interference limits may be indicated. We request comment on this proposal and any other emission limits that commenters believe are appropriate. 3.RF Safety 70. Section 27.52 of the Commission's Rules122 subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must Federal Communications Commission FCC 99-97 123 47 C.F.R. �� 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. �� 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • safety operations, we believe that the OOBE limits we adopt herein will limit such occurrences, and that in adopting these limits we have satisfied the Congressional concern to ensure that public safety licensees are protected from interference. RF Safety/Power Limits Background. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must be performed. In adopting the rule, we concluded that routine environmental evaluations for RF exposure are required for applicants desiring to use the following types of transmitters: (1) fixed operations, including base stations and radiolocation transmitters, when the effective radiated power
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • with the 30 megahertz spectrum, we will permit users in adjoining areas to agree to alternate field strengths at their common border to provide users increased flexibility in implementing their systems without increasing the risk of harmful interference. RF Safety/Power Limits. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules. In the 700 MHz First Report and Order, we adopted a threshold of 1000 w ERP for categorical exclusion from routine evaluation for RF exposure for base and fixed stations. We adopt this threshold for base and fixed stations in the Guard Bands, as well. As with the 30 megahertz block, the threshold
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • No. 96-83, 13 FCC Rcd 23874, 23883-85, ��19-20 (1998) (OTARD Second Report and Order). We note that this holding is being appealed in the U.S. Court of Appeals in the D.C. Circuit. Id. See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R. �� 1.1307(b)(1), 1.1310. 47 C.F.R. �1.4000(b). See Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Service, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • BTAs. Sec. 101.1009 System operations. Attachment D A-16 (a) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows: (1) A station would be required to be individually licensed if: (i) International agreements require coordination; (ii) Submission of an Environmental Assessment is required under Sec. 1.1307 of this chapter. (iii) The station would affect the radio quiet zones under Sec. 101.123. (2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under Sec. 17.4 of this chapter. (b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section,
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  • Wireless Telecommunications Service, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11476 (1999). The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 USC � 4321-4347. 16 USC � 1531-1543. Id. � 470. Id. � 1131-1136. Id. � 470aa. Id. � 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. � 1501-1508. 47 C.F.R. � 1.1307(a)(8). Id. � 1.1307(b). Id. � 1.1307(a). Id. � 1.1306. Id. �� 1.1308, 1.1311. Id. � 1.1313. Id. � 1.1314-1.1319. Pub. Law No. 104-104, 104 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
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3218A1.html
  • Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). 4 See 47 C.F.R. 1.1310, Table 1. 5 47 C.F.R. 1.1310, Note 1 to Table 1. 6 47 C.F.R. 1.1310, Note 2 to Table 1. 7 Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. 1.1307(b)(4). 8 Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. 1.1307(b)(5). See also Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
  • with the RFR exposure limits. If, on the basis of its analysis, the applicant determines that the facility complies with the RFR exposure limits, the applicant certifies compliance as part of its application. If, on the other hand, the applicant determines that operation of the facility will not comply with the RFR exposure limits, the applicant is required under Section 1.1307(b) of the Rules either to prepare an Environmental Assessment and undergo environmental review by Commission staff or to amend its application so as to comply with the RFR limits.7 The Commission's Office of Engineering and Technology (``OET'') has prepared OET Bulletin 65, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' to provide assistance to applicants in
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • if any of its actions in response to this NAL or subsequent orders may have a significant effect on the environment. II. BACKGROUND 3. Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, (``NEPA''),4 licensees are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's Rules (``Rules'').5 The rules provide that licensees must prepare and submit to the Commission an EA for an action that may have a significant environmental effect.6 This includes actions for which no pre-construction authorization is otherwise required.7 In light of the Commission's obligations under the National Historic Preservation Act of 1966, as amended (``NHPA''),8 Section 1.1307(a)(4) of
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-258A1.html
  • RFR maximum permissible exposure limit for a station operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2 and the general population RFR maximum permissible exposure limit for a station operating in the frequency range of 300 MHz to 1500 MHz is f/1500 mW/cm2 or for station KWHY-TV which operates on 518 MHz, 0.345 mW/cm2. Section 1.1307(b)(3) of the Rules states in part that ``when the guidelines specified in Section 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-332A1.html
  • `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act....'' and Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 18 See Section 1.1307(b) of the Rules. 19 The Media Bureau granted A-O's construction permit application on September 24, 1998 (File No. BPH-19971030MG). 20 The Media Bureau granted A-O's license for station KTMN on October 5, 2001 (File No. BLH- 20010924AAM). 21 See, e.g., Eure Family Limited Partnership, 17 FCC Rcd 21861, 21863-64 (2002) (internal quotation marks omitted) and cases cited therein. 22 See
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2473A1.html
  • 503(b)(2)(D). 9 47 C.F.R. 11.35(b). 10 See Response, at Exhibit 3: Declaration of Michael Schutta, General Manager. According to the Declaration of Michael Schutta, the EAS equipment was taken out of operation on October 27, 2002, and re-installed on December 4, 2002. 11 Id. at 2-3. 12 Id.at 2. 13 Pittman's statement concerning natural barriers goes to compliance with Section 1.1307 of the Rules which is not at issue here. See 47 C.F.R. 1.1307 (actions requiring environmental assessments). 14 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • transmitting equipment from an unauthorized location in Medora, North Dakota (``Medora tower'') in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'').2 2. Under the Commission's environmental processing rules, licensees and applicants are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's rules.3 If proposed facilities may have significant environmental effects, the rules require licensees to prepare and file with the Commission Environmental Assessments (``EAs'')4 prior to construction.5 Consistent with the National Historic Preservation Act of 1966, as amended (``NHPA''),6 Section 1.1307(a)(4) of the Commission's rules requires licensees to prepare and to submit EAs to the Commission if their
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-281A1.html
  • consequently, that KKBT(FM) was not a contributor to the area of non-compliance.35 Finally, Radio One argues that even if the Commission did not err in its field measurements, Radio One's reliance on its field study was reasonable and was a good faith basis for Radio One's belief that KKBT(FM) was not required to undertake the obligations set forth in Section 1.1307(b)(3) concerning stations that exceed the 5% RFR MPE threshold.36 III. DISCUSSION 16. The proposed forfeiture amounts in this case were assessed in accordance with Section 503(b) of the Act,37 Section 1.80 of the Rules,38 and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture Guidelines (``Forfeiture Policy Statement'').39 In examining the Mt.
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • Released Date: October 19, 2006 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION 1. By this Notice of Apparent Liability for Forfeiture ("NAL"), we find Panhandle Telecommunications, Inc. ("Panhandle") apparently liable for a forfeiture in the amount of five thousand six hundred dollars ($5,600) for constructing a facility before completing environmental review, in apparent willful violation of Sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules ("Rules"). II. BACKGROUND 2. Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, ("NEPA"), licensees, permittees and applicants (collectively, "licensees") are required to assess proposed facilities to determine whether the facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules. For actions that may have
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION 1. By this Notice of Apparent Liability for Forfeiture ("NAL"), we find T-Mobile Northeast, L.L.C. ("T-Mobile"), a wholly-owned subsidiary of T-Mobile USA, Inc., apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000) for constructing a facility before completing environmental review, in apparent willful violation of Section 1.1307(a)(4) of the Commission's Rules ("Rules"). II. BACKGROUND 2. Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, ("NEPA"), licensees, permittees and applicants (collectively, "licensees") are required to assess proposed facilities to determine whether the facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules. For actions that may have significant environmental
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-173A1.html
  • 1500 MHz is f/1500 mW/cm^2 which for station KWHY-TV operating on 512 - 518 MHz is 0.345 mW/cm^2. 47 C.F.R. S 1.1310, Note 1 to Table 1. 47 C.F.R. S 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65: "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields" (August 1997). See 47 C.F.R. SS 1.1307(b), 1.1307(b)(1), 1.1310. RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13520-21; 47 C.F.R. S 1.1307(b)(3). RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13524; 47 C.F.R. S 1.1307(b)(3). Power density is equal to the square of the electric field strength divided by the characteristic impedance of free space (377 ohms). Similarly, power density is equal to
• http://transition.fcc.gov/eb/Orders/2007/DA-07-5051A1.html
  • the stations are at reduced power or shut down." WVEA-LP 2004 Modification Application, RFR Exhibit at 4. Another station's transmitter was found to produce power density levels that exceeded 5% of the power density exposure limit applicable to its particular transmitter. This station is also responsible for ensuring the penthouse rooftop's compliance with the RFR limits. See 47 C.F.R. S: 1.1307(b)(3). Such information allows workers who are fully aware of the potential for their exposure to make informed decisions and exercise control over their exposures. See 47 C.F.R. S: 1.1310, Note 1 to Table 1. See also OET Bulletin 65 at 55 - 59. Entravision requested an extension to submit its response to the NAL, which was granted by the Region.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-549A1.html
  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to "...all facilities, operations and transmitters regulated by the Commission." Section 1.1307(b)(3) of the Rules states that "when the guidelines specified in S 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
• http://transition.fcc.gov/eb/Orders/2007/DA-07-550A1.html
  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to "...all facilities, operations and transmitters regulated by the Commission." Section 1.1307(b)(3) of the Rules states that "when the guidelines specified in S 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
• http://transition.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • No. 200732100014 ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau ("Bureau") and United States Cellular Corporation ("US Cellular"). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules ("Rules") with respect to its construction of a wireless base station near Fries, Virginia. 2. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1886A1.html
  • ) FRN No. 0007911100 ) ORDER Adopted: August 11, 2008 Released: August 13, 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Vangard Wireless, LP ("Vangard"). The Consent Decree terminates an investigation by the Bureau against Vangard for possible violation of section 1.1307(a)(4) of the Commission's Rules ("Rules") regarding the construction of a wireless communications facility in Roswell, New Mexico. 2. The Bureau and Vangard have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2042A1.html
  • in this case does not raise safety concerns because the source-based time-averaged RF output power is below the threshold level required for SAR testing per OET equipment authorization policies, and as a general matter, part 15 spread spectrum devices are categorically excluded from routine environmental evaluation for RF exposure prior to equipment authorization or use. See 47 C.F.R. S: S: 1.1307(b)(1), 2.1093(c), and 15.247(i). 47 C.F.R. S: 15.247(b)(4). As explained by CoachComm, the peak output powers of the initial and substitute RF modules are 69 mW and 60 mW, respectively. Because the directional corner reflector antenna has a gain of 9 dBi, however, the one watt power limit must be derated to reflect the coverage of a 6 dBi antenna. Both
• http://transition.fcc.gov/eb/Orders/2008/DA-08-561A1.html
  • No. 200832100022 Caprock Cellular Limited Partnership ) FRN: 0001665900 ) ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Caprock Cellular Limited Partnership ("Caprock"). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules ("Rules"). 2. The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of
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  • Westchester Services LLC ) FRN No.: 0014015226 ) ORDER Adopted: April 24, 2008 Released: April 28, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Westchester Services LLC ("Westchester"). The Consent Decree terminates an investigation by the Bureau against Westchester for possible violations of sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules ("Rules") with respect to Westchester's construction of three wireless communications facilities in Bismark, Newman, and Oblong, Illinois. 2. The Bureau and Westchester have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1506A1.html
  • No. 0018006437 ) ORDER Adopted: July 8, 2009 Released: July 10, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and InFill Towers of America, LLC ("InFill"). The Consent Decree terminates an investigation by the Bureau against InFill for possible violation of section 1.1307(a)(4) of the Commission's Rules ("Rules") regarding the construction of certain wireless communications facilities in Mississippi. 2. The Bureau and InFill have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us,
• http://transition.fcc.gov/eb/Orders/2009/DA-09-36A1.html
  • Inc. ) FRN No. 0004677209 ) ORDER Adopted: January 15, 2009 Released: January 15, 2009 By the Assistant Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and T-Mobile USA, Inc. ("T-Mobile"). The Consent Decree is for the purpose of terminating the Bureau's investigation into whether T-Mobile violated section 1.1307(a)(4) of the Commission's Rules ("Rules") with respect to the construction of a wireless communications facilities in Philadelphia, Pennsylvania, and Chimayo, New Mexico. 2. The Bureau and T-Mobile have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-27A1.html
  • since 1996, a regulated party acting in good faith would be able to identify, with ascertainable certainty, the standards with which the Commission expects parties to conform in order to comply with the RFR rules. We further find that licensees and applicants must comply with the MPE limits for RFR found in Section 1.1310 of the rules; and that Section 1.1307(b)(3) of the rules places an affirmative duty on all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure limit applicable to their particular transmitter, to ensure compliance with the Section 1.1310 limits at the relevant sites. 16. Infinity raises three primary arguments in its Application for Review. First, Infinity
• http://transition.fcc.gov/eb/Orders/2010/DA-10-143A1.html
  • ORDER Adopted: April 9, 2010 Released: April 9, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Texas RSA 1 Limited Partnership dba XIT Wireless ("XIT"). The Consent Decree terminates an investigation by the Bureau against XIT for possible violation of section 1.1307(a)(4) of the Commission's Rules ("Rules") regarding the construction of certain wireless communications facilities in Texas. 2. The Bureau and XIT have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us,
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1586A1.html
  • AirFire Mobile ) FRN: 0002701688 ) ) ORDER Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Airadigm Communications, Inc. dba AirFire Mobile ("Airadigm"). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms
• http://transition.fcc.gov/eb/Orders/2011/DA-11-816A1.html
  • developed by the Institute of Electrical and Electronics Engineers, Inc. ("IEEE") and adopted by the American National Standards Institute ("ANSI") in section 4.1 of "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. S: 1.1310, Table 1 and Note 2. See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1307(b)(5); Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538, 13540. See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public Notice,
• http://transition.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • 201232100026 ) ) FRN: 0013457312 ORDER Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms
• http://transition.fcc.gov/eb/Public_Notices/da002408.doc http://transition.fcc.gov/eb/Public_Notices/da002408.html
  • WPMH-547, East Brunswick, NJ. New York, NY District Office (9/20/00). Ms. Barbara Merrille, d/b/a Metrocall USA, Inc., WMPC-977, Brick, NJ. New York, NY District Office (9/20/00). 47 C.F.R. � 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. � 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. � 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. �1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations
• http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
  • C.F.R. � 1.903 - Authorization Required Chicago Equipment Company Inc, Carol Stream, IL. Chicago, IL District Office (5/4/01). City Services Cab, Inc., d.b.a.: Yellow Cab, Atlantic City, NJ. Other violation: 47 C.F.R. �� 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. � 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. �� 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 -
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1004A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1004A1.pdf
  • 73.1620 of the Commission's Rules; Operating authority for Station KESC(FM), Channel 279C1, at Okemah, Oklahoma may not be granted until operations have been commenced by Station KMCO(FM), Channel 267C1, at Wilburton, Oklahoma. (d ) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). IT IS FURTHER ORDERED, That the petition for rule making filed by Little Dixie Radio, Inc., KESC Enterprises, Inc., and Southeastern Oklahoma
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1005A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1005A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 7. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), George S. Flinn, Jr., licensee of Station KWCA(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 8. IT IS FURTHER ORDERED, That the Secretary of the
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1007A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1007A1.pdf
  • Upon grant of the construction permit, program tests may not be conducted in accordance with 47 C.F.R. Section 73.1620 until Station WXLF(FM) is operating on Channel 237A at Hartford, Vermont, and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 12. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Nassau Broadcasting III, L.L.C., for Station WXLF(FM), White River Junction, Vermont, IS MODIFIED to specify operation on Channel 237A at Hartford, Vermont, subject to the following conditions: (a) Within 90 days of the effective date
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1072A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1072A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. �� 1.1104(1)(k) and (3)(l) of the Commission's rules, Nassau Broadcasting, III, LLC, licensee of Station WARX(FM), Hagerstown, Maryland, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for FM Station WARX(FM) to specify
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1074A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1074A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 13. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Radio and Investments, Inc., licensee of Station WKSR-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 14. IT IS FURTHER ORDERED, That the Secretary of the
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1076A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1076A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Capstar TX Limited Partnership, licensee of Station WRDU(FM), Channel 291C0, Wilson, North Carolina is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1187A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1187A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), KERM, Inc., licensee of Station KURM-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 10. IT IS FURTHER ORDERED, That the Secretary of the Commission shall
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1406A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1406A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, that the ultimate permittee of Channel 240A, Americus, Kansas, shall reimburse C&C Consulting, Inc., for its reasonable costs of changing the frequency of its Station KANS(FM), Emporia, Kansas, from Channel 241A to Channel 244A. 11. IT IS FURTHER ORDERED, that the request of C&C Consulting,
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1532A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1532A1.pdf
  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1583A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1583A1.pdf
  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, that the ultimate permittee of Channel 292C0, Atwood, Kansas, shall reimburse Capstar TX Limited Partnership, for its reasonable costs of changing the frequency of Station, KMCX-FM, Ogallala, Nebraska, to Channel 294C1 to accommodate the Atwood allotment. 11. IT IS FURTHER ORDERED,
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1758A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1758A1.pdf
  • be conducted in accordance with 47 C.F.R. Section 73.1620; Operating authority for Station WTLX(FM) at Monona, Wisconsin, may not be granted until operations have been commenced by Station WTTN(AM), 1580 kHz, Columbus, Wisconsin; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change of community of license and/or upgrade. As
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1759A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1759A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 18. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the license of Westend Radio LLC for Station KQFM, Channel 263A, Hermiston, Oregon, IS MODIFIED to specify operation on Channel 261A at Hermiston, subject to the following conditions: (a) Within 90 days of the effective date of
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1764A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1764A1.pdf
  • change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules, unless the proposed facilities are categorically excluded from environmental processing. 12. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change of community of license of an FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2022A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2022A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the authorization of Great Scott Broadcasting, licensee of WKHI(FM), Channel 298B1, Fruitland, Maryland IS MODIFIED to specify operation on Channel 298A, subject to the following conditions: (a) Within 90 days of the effective date of the Order, Great
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2027A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2027A1.pdf
  • (b) Upon grant of the construction permit and commencement of operation by Station WRQQ as a Belle Meade facility, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 17. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Newberry Broadcasting, Inc. for Station WHHT, Channel 294A, Horse Cave, Kentucky, IS MODIFIED, to specify operation on Channel 2293A, subject to the following conditions: (a)
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2028A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2028A1.pdf
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing IT IS FURTHER ORDERED, That the rulemaking petition (RM-11254) filed by Bittersweet Broadcasting, Inc., IS GRANTED. IT IS FURTHER ORDERED, That World Radio Link, Inc., amend its application (File No. BNPH-20060309ABD) for Channel 226A, Boonville, Missouri, to specify Channel 272A at a rule- compliant site. IT IS FURTHER ORDERED, That
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2561A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2561A1.pdf
  • to the Commission a minor change application for construction permit (Form 301); Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; (c ) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Radioactive, LLC, permittee of unbuilt FM station, Vernon Center, Minnesota, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for unbuilt FM station to specify operation on Channel 231A at
• http://transition.fcc.gov/fcc-bin/audio/DA-06-264A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-264A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Meridian Broadcasting Inc., licensee of Station WTLT(FM), Channel 229C3, Naples, Florida is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station WTLT(FM) to
• http://transition.fcc.gov/fcc-bin/audio/DA-06-266A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-266A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Clear Channel Broadcast Licenses, Inc., licensee of Station WZKF(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 11. IT IS FURTHER ORDERED, That the Secretary
• http://transition.fcc.gov/fcc-bin/audio/DA-06-267A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-267A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Clear Channel Broadcasting Licenses, Inc., licensee of Station WEGR(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 11. IT IS FURTHER ORDERED, That the Secretary
• http://transition.fcc.gov/fcc-bin/audio/DA-06-344A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-344A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the license of Tama Radio Licenses of Jacksonville, FL, Inc. for Station WSJF(FM), Channel 288C3, St. Augustine Beach, Florida, IS MODIFIED to specify operation on Channel 288C3 at St. Augustine Beach, Florida at coordinates 29-46-53 NL and
• http://transition.fcc.gov/fcc-bin/audio/DA-06-513A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-513A1.pdf
  • change application for construction permit (FCC Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 6. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of World Radio Link, Inc. on Channel 255C3 at Prineville, Oregon, (File No. BNPH-20050103ABA), IS MODIFIED to specify operation on Channel 271C3, subject to the
• http://transition.fcc.gov/fcc-bin/audio/DA-06-622A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-622A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless the proposed facilities are categorically excluded from environmental processing. 14. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Radio and Investments, Inc., licensee of Station KDDK(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 15. IT IS FURTHER ORDERED, That the Secretary of
• http://transition.fcc.gov/fcc-bin/audio/DA-06-797A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-797A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Magnum Communications, Inc., licensee of Station WBKY(FM), Portage, Wisconsin, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for FM Station WBKY to specify operation
• http://transition.fcc.gov/fcc-bin/audio/DA-06-843A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-843A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, MCC Radio, LLC, licensee of Station KSAJ(FM), Channel 253C1, Abilene, Kansas is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station KSAJ(FM) to
• http://transition.fcc.gov/fcc-bin/audio/DA-06-845A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-845A1.pdf
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), Clear Channel Broadcasting Licenses, Inc., licensee of Station WJER-FM, is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change in community of license for Station WJER-FM at the time its Form
• http://transition.fcc.gov/fcc-bin/audio/DA-06-986A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-986A1.pdf
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 8. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), New Century Media Group, LLC, licensee of Station WKXU(FM), is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the change in community of license for Station WKXU(FM) at the time its Form
• http://transition.fcc.gov/fcc-bin/audio/DA-06-992A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-992A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. (d) Operation of Station WZUU on Channel 223A at Mattawan, Michigan, including program test operation pursuant to 47 C.F.R. Section 73.1620, will not be permitted until Station WQXC-FM activates service on Channel 265A at Allegan, Michigan. 11. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a) that the
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2092A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2092A1.pdf
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Stillwater Broadcasting, LLC for Station KVRO, Channel 251A at Stillwater, Oklahoma, IS MODIFIED to specify operation on Channel 266A at Stillwater, Oklahoma subject to the following conditions: Within 90 days of the effective date of this
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2195A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2195A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Cox, Inc., licensee of Station WCTZ(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. 11. IT IS FURTHER ORDERED, That the Secretary of the Commission shall
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2196A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2196A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Section 1.1104(3)(l), Millennium Media, Inc., licensee of Station KYVA-FM, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for Station KYVA-FM, from Channel 279C0, Grants, New Mexico, to Channel
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2650A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2650A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 17. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Woman's World Broadcasting, Inc., licensee of Station WTSH-FM, is required to submit a rule making fee in addition to the fee required for the applications to effectuate the changes specified above. (a) Within 90 days of the effective date of this
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2882A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2882A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of WFMS Lico, Inc., for Station WFMS(FM), Indianapolis, Indiana, IS MODIFIED to specify operation on Channel 238B at Fishers, Indiana, subject to the following conditions: (a) Within 90 days of the effective date of this Order,
• http://transition.fcc.gov/fcc-bin/audio/DA-07-3195A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-3195A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission's rules, Univision Radio License Corporation, licensee of Station WVIX(FM), Channel 228A, Joliet, Illinois is required to submit a rulemaking fee in addition to the fee required for the application to effectuate the community of license for Station WVIX(FM)
• http://transition.fcc.gov/fcc-bin/audio/DA-07-3478A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-3478A1.pdf
  • new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules once Station KRDX commences operation at Corona de Tucson, Arizona; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 18. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Desert West Air Ranchers Corporation for Station KRDX, Channel 253A, Vail, Arizona, IS MODIFIED, to specify Corona de Tucson, Arizona, as the community of license,
• http://transition.fcc.gov/fcc-bin/audio/DA-08-126A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-126A1.pdf
  • submit to the Commission a minor change application for construction permit (Form 301). Upon grant of each construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. (d) Operation of Station KITT(FM) on Channel 261C3 at Wilson, Wyoming, including program test operation pursuant to 47 C.F.R. Section 73.1620, will not be permitted until Station KAOX(FM) activates service on Channel 297C2 at Shelley, Idaho. (e) Operation of Station KAOX(FM) on Channel 297C2 at Shelley, Idaho, including program test operation pursuant to 47 C.F.R. Section
• http://transition.fcc.gov/fcc-bin/audio/DA-08-1721A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-1721A1.pdf
  • the Commission a minor change application for construction permit (Form 301). (b) Upon grant of each construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 15. Pursuant to 47 C.F.R. Section 1.1104(3)(k)of the Commission's Rules, the following licensees are required to submit a rulemaking fee in addition to the fee required for the application to effectuate the new community of license, as follows, at the time its Form 301 is submitted: College Creek Media, L.L.C., permittee of Station KPHD(FM), for the
• http://transition.fcc.gov/fcc-bin/audio/DA-08-2267A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-2267A1.pdf
  • the Commission a minor change application for construction permit (Form 301); (b) Upon grant of such construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, That the Counterproposal (RM-11423) filed by Katherine Pyeatt IS GRANTED. 9. IT IS FURTHER ORDERED, That the Petition for Rule Making (RM-11421) filed by Charles Crawford IS DENIED. 10. IT IS FURTHER ORDERED, That the Counterproposal (RM-11422) filed by Roy E. Henderson IS DENIED. 11. IT IS FURTHER ORDERED, That MB
• http://transition.fcc.gov/fcc-bin/audio/DA-08-272A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-272A1.pdf
  • facility; (b) Upon grant of the construction permit and commencement of operation of Station WKUS as a Windsor facility, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 7. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of CC Licenses, LLC for Station WKUS, Channel 287B, Norfolk, Virginia, IS MODIFIED to specify Windsor, Virginia, as the community of license, subject to the following
• http://transition.fcc.gov/fcc-bin/audio/DA-08-31A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-31A1.pdf
  • minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. IT IS FURTHER ORDERED, That pursuant to Section 316 of the Communications Act of 1934, as amended, the construction permit for Station WFYE(FM), Glade Spring, Virginia, IS MODIFIED to specify Channel 263A, and the license for Station WOLD-FM, Marion, Virginia, IS MODIFIED to specify Channel 273A, subject to the following
• http://transition.fcc.gov/fcc-bin/audio/DA-09-412A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-412A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 13. IT IS FURTHER ORDERED, That the ultimate permittee of Channel 274A, Evart, Michigan, shall reimburse Bay View Broadcasting, Inc., for its reasonable costs of changing the frequency of its Station WMOM(FM), Pentwater, Michigan, from Channel 274A to Channel 242A. (a) Within 90 days of the effective date of this
• http://transition.fcc.gov/fcc-bin/audio/DA-10-1194A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-1194A1.pdf
  • change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 11. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and 3(1), Sanpete County Broadcasting, Inc., is required to submit a rulemaking fee in addition to the fee required to effectuate the change of community of license for Station KLGL at the time the application is submitted. 12. Accordingly, IT IS ORDERED, That
• http://transition.fcc.gov/fcc-bin/audio/DA-10-196A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-196A1.pdf
  • Commission a minor change application for a construction permit (Form 301), specifying the new facilities; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize changes in transmitter location or to avoid the necessity of filing environmental assessments pursuant to 47 CF.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. A filing window for Channel 261A at Irvington, Kentucky, will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order. IT IS FURTHER ORDERED, That the ultimate permittee of Channel 261A at Irvington, Kentucky, IS
• http://transition.fcc.gov/fcc-bin/audio/DA-10-36A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-36A1.pdf
  • to the Commission minor change applications for construction permits (Form 301), specifying the new facilities; Upon grant of the construction permits, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize changes in transmitter location or to avoid the necessity of filing environmental assessments pursuant to 47 CF.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 14. IT IS FURTHER ORDERED, That the counterproposal (RM-11416) filed by Fort Bend Media Broadcasting Company IS GRANTED. 15. IT IS FURTHER ORDERED, That the rulemaking petition (RM-11385) filed by Katherine Pyeatt IS GRANTED. 16. The Commission will send a copy of this Report and Order in a report to
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1072A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1072A1.pdf
  • permits (FCC Form 301) specifying the new facilities; (b) Upon grant of the construction permits and commencement of operations, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 16. IT IS FURTHER ORDERED, that the Petition for Reconsideration filed by East Kentucky Broadcasting Corporation IS GRANTED. 17. IT IS FURTHER ORDERED, that the Petition for Rule Making, RM-10984, filed by East Kentucky Broadcasting Corporation IS REINSTATED AND GRANTED. 18. The Commission will send a
• http://transition.fcc.gov/fcc-bin/audio/DOC-274677A1.doc http://transition.fcc.gov/fcc-bin/audio/DOC-274677A1.pdf
  • application for a construction permit (Form 301), specifying coordinates consistent with this Order; Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau (continued....) Federal Communications Commission DA 07-2092 Federal Communications Commission DA 07-2867 �@��� �@��� �@��� �@��� �@��� �@��� h� h� �@��� h� �@��� h� 1 0 1 � � � � � 1� �@��� @& � � Y �
• http://transition.fcc.gov/fcc-bin/audio/DOC-276164A1.doc http://transition.fcc.gov/fcc-bin/audio/DOC-276164A1.pdf
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 C.F.R. Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to 47 C.F.R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 22 FCC Rcd 11059 (2007). Federal Communications Commission DA 07-3700 Federal Communications Commission DA 07-3700 & ' D E % & ' C D E F H � � � � � � � � � � �
• http://transition.fcc.gov/fcc-bin/audio/mb_siting.html
  • quickly where the towers will be situated and to obtain the necessary approvals. As noted above, in many cases the construction of new towers will not be necessary. Nationwide Programmatic Agreement On March 7, 2005, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission went into effect, amending Section 1.1307(a)(4) of the Commission's rules, 47 CFR Section 1.1307(a)(4). Extensive information about the Nationwide Programmatic Agreement, including information about Form 620 (for new towers) and Form 621 (collocation on an existing tower) available on the FCC's website at [61]http://wireless.fcc.gov/siting/npa.html. The Wireless Telecommunications Bureas has created a [62]Learning Interactive Unit to assist all interested parties with the Nationwide Programmatic Agreement. The LPU
• http://transition.fcc.gov/fcc-bin/audio/rfsafety.html
  • operating at frequencies of 300 kHz to 100 GHz. In addition, the Commission adopted the specific absorption rate (SAR) limits for devices operating within close proximity to the body as specified within the ANSI/IEEE C95.1-1992 guidelines. (See [40]Report and Order, FCC 96-326) The Commission's requirements are detailed in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093]. The potential hazards associated with RF electromagnetic fields are discussed in [41]OET Bulletin No. 56, "Questions and Answers About the Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields." [42]More Info.... Frequently Asked Questions (FAQ) Human Exposure to RF * [43]Radiofrequency Energy FAQs This section contains answers to the most frequently asked questions received by the Commission
• http://transition.fcc.gov/fcc-bin/audio/siting-environment.html
  • a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [38]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the EAs and assists its licensees in working with the appropriate local, state, and federal agencies to reach
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • population_match_ind It will operate at post-transition facilities that match or reduce by no more than five char(1) percent with respect to predicted population from those defined in the new DTV Table Appendix B. rad_astr_ind Radio Astronomy Notifications met Indicator char(1) rel_field_values_na Indicates whether or not there is any Relative Fields values char(1) rule_1_1307_ind No significant health hazard as specified in 1.1307 Indicator char(1) rule_73_1660_ind Transmitter complies with 73.1660 (yes/no) char(1) rule_73_1690c_3_ind Rule 73.1690(c)(3) Apply Indicator, Pattern of Directional Antenna char(1) rule_73_607_ind Facility satisfy Rule 73.607 for Allotment (yes/no) char(1) rule_73_610_ind Indicates whether the proposed facility will satisfy the requirements of rule 73.610. char(1) rule_73_614_ind Facility complies with Rule 73.614 for ERP, and HAAT (yes/no) char(1) rule_73_62_ind ERP and Haat for this
• http://transition.fcc.gov/ib/sand/neg/hf_web/appinfo.html
  • 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 Guide. Additionally,
• http://wireless.fcc.gov/auctions/00c/releases/fc000063.doc http://wireless.fcc.gov/auctions/00c/releases/fc000063.pdf
  • equipment authorization, Radiofrequency (RF) safety standards, emission limits, frequency stability, antenna structures and air navigation safety, international coordination, and disturbance of AM broadcast station antenna patterns. In addition, other technical standards contained in other sections of the Commission's rules would apply to 4.9 GHz licensees. These standards would include, among others, Part 17 (antenna registration), Section 1.924 (quiet zones), and 1.1307 (environmental requirements). We tentatively conclude that all of these technical rules and the technical rules discussed below would apply to all 4.9 GHz licensees, regardless of the actual service provided or technology used, including those licensees who acquire licenses through partitioning of service areas or disaggregation of spectrum. We seek comment on these proposals. 1. In-Band Interference Control Section 27.55
• http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
  • the contrary, an informational requirement does not in itself imply the processing treatment of decisional weight to be accorded the response. (f) All applicants (except applicants filing FCC Form 175) are required to indicate at the time their application is filed whether or not a Commission grant of the application may have a significant environmental impact as defined by � 1.1307 of the Commission's rules. If answered affirmatively, the requisite environmental assessment as prescribed in � 1.1311 of this chapter must be filed with the application and Commission environmental review must be completed prior to construction. See � 1.1312 of this chapter. All broadband PCS licensees are subject to a continuing obligation to determine whether subsequent construction may have a significant
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • the contrary, an informational requirement does not in itself imply the processing treatment of decisional weight to be accorded the response. (f) All applicants (except applicants filing FCC Form 175) are required to indicate at the time their application is filed whether or not a Commission grant of the application may have a significant environmental impact as defined by � 1.1307 of this Chapter. If answered affirmatively, the requisite environmental assessment as prescribed in � 1.1311 of this Chapter must be filed with the application and Commission environmental review See � 1.1312 of this Chapter. Sec. 24.815 Technical content of applications; maintenance of list of station locations. (a) All applications required by this part shall contain all technical information required by
• http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
  • rules are expected to be adopted shortly in a Report and Order Federal Communications Commission FCC 97-50 See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency 338 Band, IB Docket No. 95-91, GEN Docket No. 90-357, Notice of Proposed Rule Making, 11 FCC Rcd 1 (1995). See 47 C.F.R. �� 1.1301, 1.1307(b), 2.1091, and 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 339 �� 1.1310, 2.1091, and 2.1093, as applicable. For the purposes of our RF safety rules, mobile devices are defined as transmitters designed to be used in other than fixed 340 locations and to generally be used in such a way that a separation distance of
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • and disaggregation. (4) Signal Levels. For purposes of partitioning and disaggregation, WCS systems must be designed so as not to exceed a signal level of 47 dB�V/m at the Licensees and manufacturers are subject to the radio licensee's service area boundary, unless the affected frequency radiation exposure requirements specified in adjacent service area licensees have agreed to a different sections 1.1307(b), 2.1091, and 2.1093 of this chapter, as signal level. See section 27.55. appropriate. Applications for equipment authorization of (c) Unjust Enrichment. mobile or portable devices operating under this section (1) Bidding Credits. Licensees that received must contain a statement confirming compliance with a bidding credit and partition their licenses or these requirements for both fundamental emissions and disaggregate their spectrum
• http://wireless.fcc.gov/auctions/17/releases/d980572x.pdf http://wireless.fcc.gov/auctions/17/releases/d980572x.txt http://wireless.fcc.gov/auctions/17/releases/d980572x.wp
  • BTAs. Sec. 101.1009 System operations. Attachment D A-16 (a) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows: (1) A station would be required to be individually licensed if: (i) International agreements require coordination; (ii) Submission of an Environmental Assessment is required under Sec. 1.1307 of this chapter. (iii) The station would affect the radio quiet zones under Sec. 101.123. (2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under Sec. 17.4 of this chapter. (b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section,
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • interconnection, both the City of San Diego and Sunnyvale contend that use of the 31 GHz band is imperative for implementing traffic management systems relying on the rapid transmission of data, such as Intelligent Transportation Systems. San Diego Comments to Fourth NPRM at 1; Sunnyvale Comments to Fourth NPRM at 1. NEPA, 42 U.S.C. �� 4321-4335. 148 47 CFR � 1.1307(c). 149 42 U.S.C. � 4332(2)(C). 150 See Douglas County v. Babbitt, 48 F.3d 1495, 1505 (9th Cir. 1995), cert. denied, 116 S.Ct. 698 151 (1996)(Secretary of Interior's action designation of a critical habitat under the Endangered Species Act did not trigger NEPA because the action neither changed the status quo, nor altered the physical environment); Committee for Auto Responsibility v.
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • interconnection, both the City of San Diego and Sunnyvale contend that use of the 31 GHz band is imperative for implementing traffic management systems relying on the rapid transmission of data, such as Intelligent Transportation Systems. San Diego Comments to Fourth NPRM at 1; Sunnyvale Comments to Fourth NPRM at 1. NEPA, 42 U.S.C. �� 4321-4335. 148 47 CFR � 1.1307(c). 149 42 U.S.C. � 4332(2)(C). 150 See Douglas County v. Babbitt, 48 F.3d 1495, 1505 (9th Cir. 1995), cert. denied, 116 S.Ct. 698 151 (1996)(Secretary of Interior's action designation of a critical habitat under the Endangered Species Act did not trigger NEPA because the action neither changed the status quo, nor altered the physical environment); Committee for Auto Responsibility v.
• http://wireless.fcc.gov/auctions/19/releases/fc950319.pdf http://wireless.fcc.gov/auctions/19/releases/fc950319.txt http://wireless.fcc.gov/auctions/19/releases/fc950319.wp
  • the contrary, an informational requirement does not in itself imply the processing treatment of decisional weight to be accorded the response. (f) All applicants (except applicants filing FCC Form 175) are required to indicate at the time their application is filed whether or not a Commission grant of the application may have a significant environmental impact as defined by � 1.1307 of this chapter. If answered affirmatively, the requisite environmental assessment as prescribed in � 1.1311 of this chapter must be filed with the application and Commission environmental review must be completed prior to construction. See � 1.1312 of this chapter. All GWCS licensees are subject to a continuing obligation to determine whether subsequent construction may have a significant environmental impact
• http://wireless.fcc.gov/auctions/20/releases/fc970217.pdf http://wireless.fcc.gov/auctions/20/releases/fc970217.txt http://wireless.fcc.gov/auctions/20/releases/fc970217.wp
  • incumbent licensees the regional licensee would be authorized only on those channels not presently assigned to an incumbent. All base stations and land units would be blanket licensed under the regional license. Under our proposal, regional licensees still would be required to individually license any base station that: (1) requires the submission of an Environmental Assessment under 47 C.F.R. � 1.1307; (2) requires international coordination; or (3) would affect the radio frequency quiet zones described in 47 C.F.R. � 80.21. We tentatively conclude that this simplified approach toward initial licensing and subsequent system modification will (1) increase operational flexibility, resulting in faster, more responsive service to the public and (2) substantially reduce administrative burdens on both licensees and the Commission. Further
• http://wireless.fcc.gov/auctions/20/releases/fc980151.pdf http://wireless.fcc.gov/auctions/20/releases/fc980151.txt http://wireless.fcc.gov/auctions/20/releases/fc980151.wp
  • the delivery of innovative telecommunications services, while preserving service that protects the safety of life and property at sea. 26. We also conclude that the geographic license will constitute a blanket authorization for both base stations and land units. However, geographic area licensees will be required to individually license any base station that requires an Environmental Assessment pursuant to Section 1.1307 of the Commission's Rules or international Federal Communications Commission FCC 98-151 See, e.g., 47 C.F.R. �� 22.165, 101.1009(a). 82 See 47 C.F.R. � 90.173(n). 83 See 47 C.F.R. � 90.687. 84 MariTEL Petition at 5. 85 See Orion Petition to Deny at 3-4 (filed Sept. 9, 1997). 86 47 C.F.R. � 80.123(b). 87 47 C.F.R. � 80.57. 88 12 coordination,
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • Microwave." The applicant for certification is required to submit a statement affirming that the equipment complies with these standards as measured by an approved method and to maintain a record showing the basis for the statement of compliance with IEEE C.95.1- 1991. � 24.52 RF hazards. Licensees and manufacturers are subject to the radiofrequency radiation exposure requirements specified in � 1.1307(b), � 2.1091 and � 2.1093 of this chapter, as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request. � 24.53 Calculation of height
• http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
  • authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations: (1) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by � 1.1307 of this chapter. See � 22.115(a)(5). (2) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. See � 22.169. (3) The paging geographic area licensee or another licensee of a system within the paging geographic
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations: (1) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by � 1.1307 of this chapter. See � 22.115(a)(5). (2) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. See � 22.169. (3) The paging geographic area licensee or another licensee of a system within the paging geographic
• http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
  • safety operations, we believe that the OOBE limits we adopt herein will limit such occurrences, and that in adopting these limits we have satisfied the Congressional concern to ensure that public safety licensees are protected from interference. RF Safety/Power Limits Background. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must be performed. In adopting the rule, we concluded that routine environmental evaluations for RF exposure are required for applicants desiring to use the following types of transmitters: (1) fixed operations, including base stations and radiolocation transmitters, when the effective radiated power
• http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
  • with the 30 megahertz spectrum, we will permit users in adjoining areas to agree to alternate field strengths at their common border to provide users increased flexibility in implementing their systems without increasing the risk of harmful interference. RF Safety/Power Limits. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules. In the 700 MHz First Report and Order, we adopted a threshold of 1000 w ERP for categorical exclusion from routine evaluation for RF exposure for base and fixed stations. We adopt this threshold for base and fixed stations in the Guard Bands, as well. As with the 30 megahertz block, the threshold
• http://wireless.fcc.gov/auctions/40/releases/02_pres.pdf
  • KHz per license 152 & 158 licenses: 20 KHz per license 152-159 licenses: 40 KHz per license (paired) 454-460 licenses: 40 KHz per license (paired) Upper Bands (Licensed by MEAs) 929-930 licenses: 20 KHz per license 931-932 licenses: 20 KHz per license Application Filings �Antenna Structure Registration www.fcc.gov/wtb : Antenna Structure Registration �Major Environmental Action www.fcc.gov/wtb: Rules and Regs, Rules 1.1307 - 1.1311 �International Coordination Agreements www.fcc.gov/wtb: Wireless Services, Paging International Agreement Summary �Canadian Border (North of line A or East of line C) Lower Paging Bands Must obtain prior Canadian authorization Upper Paging Bands Share frequencies in accordance with Rule 22.531 �Mexican Border Lower Paging Bands Agreement Pending Upper Paging Bands Frequencies are either primary, secondary, or shared in accordance
• http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
  • any channel for which they are licensed, provided the operation does not require individual Commission review. The Commission also stated that all remote stations would be blanket licensed under the EA license. Under this proposal, EA licensees would still be required to individually license any master station that: (1) requires the submission of an Environmental Assessment under 47 C.F.R. � 1.1307; (2) requires international coordination; or (3) would affect the radio frequency quiet zones described in 47 C.F.R. �� 22.369 and 101.123. In addition, any MAS antenna structure that requires notification to the Federal Aviation Administration (FAA) has to be registered with the Commission prior to construction. The Commission indicated that it would be the EA licensee's responsibility to decide whether
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • In the Notice, the Commission proposed to require that facilities and devices operating in the Lower 700 MHz Band be subject to the existing RF safety criteria and procedures applicable to facilities and devices having similar technical parameters and operating characteristics.312 Section 27.52 of the Commission's rules313 subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's rules,314 which list the services and devices for which an environmental evaluation must be performed. Other than Qwest's general support for the adoption of existing Part 27 technical rules, no other party to this 307 See supra Section III.B.2.a.i. 308 When applicable, this requirement includes notification to Part 27 commercial and guard band manager
• http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
  • within its service area. Nonetheless, we believe there are situations in which we should require licensees to obtain an individual station license for a particular station within their geographic service area. 92. The licensee will need to apply for an individual station license to the Commission for those individual stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our Rules;224 (2) require international coordination;225 (3) would operate in the quiet zones listed in Section 1.924 of our Rules;226 or (4) require coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC).227 93. We propose that the licensee be responsible for determining whether an individual station needs an individual station license. We further propose
• http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
  • Rules Notice, we indicated that there might be situations in which we should require licensees to obtain an individual station license for a particular station within their geographic service area.272 We indicated that licensees should be required to apply for an individual station license to the Commission for those stations that (1) require submission of an Environmental Assessment under Section 1.1307 of our rules;273 (2) require international coordination;274 (3) would operate in the quiet zones listed in Section 1.924 of our rules;275 or (4) require coordination with the Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC).276 We also proposed that the licensee should be responsible for determining whether an application for an individual station needs to be filed
• http://wireless.fcc.gov/auctions/53/releases/fc000418.pdf http://wireless.fcc.gov/auctions/53/releases/fc000418.txt
  • regarding radiofrequency exposure limits.518 It is therefore incumbent upon NGSO FSS 514 NPRM, at � 83. 515 GE Comments at 30-31. 516 Telesat Comments at 8. 517 SkyBridge Reply Comments at 79-80. 518 See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R. �� 1.1307(b)(1), 1.1310. Federal Communications Commission FCC 00-418 94 licensees to exercise reasonable care to protect users and the public from radiofrequency exposure in excess of the Commission's limits. 249. As part of the NGSO FSS licensee's obligation to exercise such reasonable care, we conclude that it must ensure that subscriber antennas are labeled to give notice of the potential radiofrequency safety
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • urban areas, but did not propose to set limits for the excepted areas on tall manmade structures and natural formations adjacent to bodies of water or unpopulated areas.479 The Commission proposed that those stations with output powers that equal or exceed 1640 watts EIRP would be subject to the environmental evaluation rules for radiation hazards, as set forth in Section 1.1307 of our rules.480 However, in this proceeding we have limited the EIRP for MVDDS transmitting systems to 14 dBm per 24 megahertz, which is far below 1640 watts, and thus MVDDS transmitting stations will not be subject to routine environmental evaluation under Section 1.1307 of our rules.481 c. Quiet Zone Protection 200. The Commission tentatively concluded in the Further Notice
• http://wireless.fcc.gov/auctions/53/resources/M_Pollak.doc http://wireless.fcc.gov/auctions/53/resources/M_Pollak.pdf
  • the Canadian and Mexican borders. No stations are allowed within 5 miles of the borders. � 101.1425 RF safety. MVDDS stations in the 12.2-12.7 GHz frequency band do not operate with output powers that equal or exceed 1640 watts EIRP and therefore will not be subject to the routine environmental evaluation rules for radiation hazards, as set forth in � 1.1307 of this chapter. � 101.1427 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding. The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in this subpart. � 101.1429 Designated entities. (a) Eligibility for small business
• http://wireless.fcc.gov/auctions/55/resources/ServiceRulesandDueDiligence2.pdf
  • elected to notification at the three year benchmark that it has elected to show show"substantial service" at the 5 year benchmark. "substantial service" at the 5 year benchmark. Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration http://wireless.fcc.gov : Antenna Structure Registration http://wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action http://wireless.fcc.gov : Rules and Regs, Rules 1.1307 http://wireless.fcc.gov : Rules and Regs, Rules 1.1307-- 1.1311 1.1311 International Coordination Agreements International Coordination Agreements http://www.fcc.gov/ib/sand/agree/ http://www.fcc.gov/ib/sand/agree/ ULS Search ULS Search Go to wireless.fcc.gov/uls and select License Search. Go to wireless.fcc.gov/uls and select License Search. Select Advanced License Search Select Advanced License Search Select the radio service codes to include in your search Select the radio service codes to include
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • requirement. Further, we proposed to remove the current 80 km coordination distance, and instead require that 24 GHz band licensees coordinate their facilities whenever their facilities have line-of-sight into other 24 GHz band licensees' facilities or are within the same geographic area. We also proposed that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091 and 2.1093 of the Commission's Rules. Emission Mask Many commenters suggest that the proposed emission mask requirement in Section 101.111(a)(5) is inappropriate for the 24 GHz band and request that we instead apply the emission mask set forth in Section 101.111(a)(2)(ii) of our Rules. One commenter notes that the proposed mask is too lax with regard to channel roll
• http://wireless.fcc.gov/auctions/56/resources/MichaelPollak.doc http://wireless.fcc.gov/auctions/56/resources/MichaelPollak.pdf
  • 40 MHz, for all cases even in the case where a narrower subchannel is used (for instance the actual bandwidth is 10 MHz) and the mean output power used in the calculation is the sum of the output power of a fully populated channel. � 101.113 Transmitter power limitations. 24,250-25,250 MHz 55 dBW Please read and be familiar with Section 1.1307(b)(1) Table 1 - Transmitters, Facilities and Operations Subject to Routine Environmental Evaluation. Local Multipoint Distribution Service and 24 GHz Service ( Non-building mounted antennas: height above ground level to lowest point of antenna less than 10 meters (about 30 feet) and power greater than 1640 Watts EIRP, ( Building mounted antennas: power greater than 1640 Watts EIRP - licensees required
• http://wireless.fcc.gov/auctions/58/resources/DwainLivingston.pdf
  • service. were changed to allow carriers to provide substantial service. For rural areas, carriers have a safe harbor option. For rural areas, carriers have a safe harbor option. Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 wireless.fcc.gov : Rules and Regs, Rules 1.1307 --1.1311 1.1311 International Coordination Agreements International Coordination Agreements Canada Canada www.fcc.gov/ib/sand/agree/files/can www.fcc.gov/ib/sand/agree/files/can--nb/pcs nb/pcs--bb.pdf bb.pdf Mexico Mexico www.fcc.gov/ib/sand/agree/files/mex www.fcc.gov/ib/sand/agree/files/mex--nb/pcs1850e.pdf nb/pcs1850e.pdf Due Diligence Due Diligence Applicant Responsibility Applicant Responsibility Applicants should perform their individual due diligence before Applicants should perform their individual due diligence before proceeding as proceeding as they would with any new business
• http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.doc http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.pdf
  • near the Canadian and Mexican borders. No stations are allowed within 5 miles of the borders. � 101.1425 RF safety. MVDDS stations in the 12.2-12.7 GHz frequency band do not operate with output powers that equal or exceed 1640 watts EIRP and therefore will not be subject to the routine environmental evaluation rules for radiation hazards, as set forth in �1.1307 of this chapter. � 101.1427 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. � 101.1429 Designated entities. (a) Eligibility for small business
• http://wireless.fcc.gov/auctions/71/resources/ServiceRules.pdf
  • login and Password Register: Acquire login and Password File: Using ULS Online Filing File: Using ULS Online Filing Searches: Finding Applications and Licenses Searches: Finding Applications and Licenses Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 wireless.fcc.gov : Rules and Regs, Rules 1.1307 --1.1311 1.1311 International Coordination Agreements International Coordination Agreements Canada Canada www.fcc.gov/ib/sand/agree/files/can www.fcc.gov/ib/sand/agree/files/can--nb/pcs nb/pcs--bb.pdf bb.pdf Mexico Mexico www.fcc.gov/ib/sand/agree/files/mex www.fcc.gov/ib/sand/agree/files/mex--nb/pcs1850e.pdf nb/pcs1850e.pdf ULS SEARCH ULS SEARCH For available Auction 71 licenses For available Auction 71 licenses... ... Go to wireless.fcc.gov/uls and select License Search Go to wireless.fcc.gov/uls and select License Search Select Market Based Search Select
• http://wireless.fcc.gov/auctions/78/resources/DueDiligence2.pdf
  • login and Password Register: Acquire login and Password File: Using ULS Online Filing File: Using ULS Online Filing Searches: Finding Applications and Licenses Searches: Finding Applications and Licenses Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 wireless.fcc.gov : Rules and Regs, Rules 1.1307 --1.1311 1.1311 International Coordination Agreements International Coordination Agreements Canada Canada www.fcc.gov/ib/sand/agree/files/can www.fcc.gov/ib/sand/agree/files/can--nb/pcs nb/pcs--bb.pdf bb.pdf Mexico Mexico www.fcc.gov/ib/sand/agree/files/mex www.fcc.gov/ib/sand/agree/files/mex--nb/pcs1850e.pdf nb/pcs1850e.pdf ULS SEARCH ULS SEARCH To search the history of the licenses listed in the Auction 78 To search the history of the licenses listed in the Auction 78 inventory inventory... ... Go to wireless.fcc.gov/uls
• http://wireless.fcc.gov/auctions/86/resources/DueDiligence.pdf
  • �channels licensed to BRS incumbents inside 35-mile radius Geographical Service Areas (GSAs) Grandfathered E and F channel EBS licenses Geographic Area Licensing (cont'd) A licensee is allowed to place transmitters that comply with the technical rules throughout its license area without further authorization. However, a separate license is required if: (1) international agreements require coordination; (2) Environmental Assessment is required (�1.1307); (3) transmitter would affect radio quiet zones (�1.924). Transition Transitioning to new band plan Licenses in auction will be for new band plan In markets where transition has not been completed, pre-transition operations must be protected If transition has not been completed in a BTA when a license is issued, winner may be liable for costs of transitioning EBS licensees
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=46
  • MHz band may be subject to future agreements with Canada and Mexico and therefore may be subject to further modification. 2. Licensees in the 1670-1675 MHz band must file a separate station application with the Commission and obtain an individual station license, prior to construction or operation, of any station: that requires submission of an Environmental Assessment under Part 1, 1.1307; that requires international coordination; that operates in the quiet zones listed under Part 1, 1.924. 3. Prior to construction of a station, a licensee must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by Part 17. 4. Partitioning and/or disaggregation is permitted. (See 47 C.F.R. 27.15). 5. Subject to unjust
• http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
  • following rule sections indicate what supplemental information an applicant must include with its Form 600: MDS: Sec. 21.956 Broadband PCS: Sec. 24.707 WCS: Secs. 27.206 and 27.307 D. The following rule sections require bidders to attach an environmental impact statement to the Form 600 if granting the application may have a significant environmental impact as defined by 47 C.F.R. � 1.1307, and impose a continuing duty on licensees to monitor the environmental impact of subsequent construction. Narrowband PCS: Sec. 24.413(f) Broadband PCS: Sec. 24.813(f) WCS: Sec. 27.307 E. The following rule sections affect the amount and due date of down payments owed by 53 winning bidders: DBS: Sec. 100.76(b) Broadband PCS: Sec. 24.711(a)(2) WCS: Sec. 27.206 F. The following rule sections
• http://wireless.fcc.gov/releases/da010691a.doc http://wireless.fcc.gov/releases/da010691a.pdf http://wireless.fcc.gov/releases/da010691a.txt
  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
• http://wireless.fcc.gov/releases/moa.pdf
  • Act (the "MBTA"), 16 U.S.C. �� 703-711, and the Bald and Golden Eagle Protection Act, 16 U.S.C. �� 668-668d; and Whereas, pursuant to section 7 of the ESA, Federal agencies must formally consult with the U.S. Fish and Wildlife Service (the "Service") on any federal action that "may affect" an ESA-listed species, see 50 C.F.R. pt. 402; 47 C.F.R. � 1.1307(a)(3); and Whereas, a Federal agency need not initiate formal consultation for federal actions that have no effect on, or, with the Service's concurrence, are not likely to adversely affect, an ESA- listed species or its designated critical habitat, 50 C.F.R. � 402.14(b); and Whereas, to determine whether formal consultation is necessary, Federal agencies or their non-Federal representatives may first engage
• http://wireless.fcc.gov/services/brsebs/releases/fcc97360.doc http://wireless.fcc.gov/services/brsebs/releases/fcc97360.pdf http://wireless.fcc.gov/services/brsebs/releases/fcc97360.txt
  • the safety of subscriber transceivers where such features could be made available at reasonable cost. Id. at � 296. In modeling the LMDS RF radiation guidelines and procedures after those applicable to MDS systems, we also acknowledged "the technical similarities between LMDS and MDS." Id. at � 292. We propose to adopt Petitioners' suggestion and amend the provisions of Section 1.1307 of our Rules that relate to MDS and ITFS, in the manner set forth for LMDS licensees both in the LMDS Second Report and Order and as recently modified in our order refining the guidelines for evaluating the environmental effects of RF radiation. We seek comment on this proposal. 6. Modulation Methods . In the Digital Declaratory Ruling, we authorized
• http://wireless.fcc.gov/services/index.htm?job=operations_1&id=industrial_business
  • meet specified conditions that demonstrate that the application can be routinely granted because it raises no special issues. These conditions are as follows: 1. The proposed transmitter site does not require Canadian coordination 2. Authorization of the proposed station does not require a rule waiver; 3. The proposed station will not significantly affect the environment as defined by [44]47 CFR 1.1307. 4. The proposed station or tower structure does not pose a hazard to aviation safety and does not create any FCC antenna clearance issues 5. The proposed station does not threaten any of the protected sites listed in [45]47 CFR 1.924 of the rules, [46]47 CFR 1.924 6. Frequency coordination has been secured. Conditional authority is evidenced by the applicant's
• http://wireless.fcc.gov/siting/030402SampleMOA-No1-Hubbard.pdf
  • intends to use the tower in connection with the provision of its licensed service; and WHEREAS, the FCC has determined the construction of the facility is a federal undertaking; and WHEREAS, Sprint PCS, pursuant to delegation from the FCC, initiated the National Historic Preservation Act ("NHPA") Section 106 review for the site as required by the FCC rules, 47 C.F.R. 1.1307(a)(4); and WHEREAS, Sprint PCS has consulted with the Massachusetts State Historic Preservation Officer ("Massachusetts SHPO"), pursuant to 36 C.F.R. Part 800, regulations implementing Section 106 of the NHPA, and has been invited to participate in this Memorandum of Agreement; and WHEREAS, the FCC and the Massachusetts SHPO have determined that the tower construction would have an adverse effect on the
• http://wireless.fcc.gov/siting/030402SampleMOA-No2-Dove.pdf
  • and lighting requirements pursuant to Part 17 of the Commission's rules, 47 C.F.R Part 17; and WHEREAS, the FCC has determined the construction of the tower is a federal undertaking; and WHEREAS, ForeSite, pursuant to delegation from the FCC, initiated the National Historic Preservation Act (NHPA) Section 106 review for the site as required by the FCC rules, 47 C.F.R. 1.1307(a)(4); and WHEREAS, ForeSite has consulted with the Georgia State Historic Preservation Officer ("Georgia SHPO") pursuant to 36 C.F.R. Part 800, regulations implementing Section 106 of the NHPA, and has been invited to participate in this Memorandum of Agreement; and WHEREAS, the FCC and the Georgia SHPO have determined that the tower construction would have an adverse effect on a property
• http://wireless.fcc.gov/siting/EA_checklist.doc http://wireless.fcc.gov/siting/EA_checklist.pdf
  • who have submitted environmental assessments (EAs) with applications (i.e., a filed FCC Form 601 or FCC Form 854) when the EA submitted is insufficient or lacks necessary documentation. The following checklist is now used by the staff as an attachment to each deficiency letter to inform the licensee, applicant, or tower owner (collectively, ``Applicant'') concerning compliance with 47 C.F.R. � 1.1307 of the Commission's rules. In addition to compiling this information, Applicants are required to comply with all of the Commission's environmental rules, including 47 C.F.R. � 1.1311 (i.e., ``environmental information to be included in the environmental assessment (EA)''), to determine whether a proposed facility may have significant effect on the environment. Pursuant to 47 C.F.R. � 1.1307, this EA provides
• http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.doc http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf
  • to evaluate the potential environmental significance of an agency action. Exposure to RF energy has been identified by the FCC as a potential environmental factor that must be considered before a facility, operation or transmitter can be authorized or licensed. The FCC's requirements dealing with RF exposure can be found in Part 1 of its rules at 47 C.F.R. � 1.1307(b). The exposure limits themselves are specified in 47 C.F.R. � 1.1310 in terms of frequency, field strength, power density and averaging time. Facilities and transmitters licensed and authorized by the FCC must either comply with these guidelines or else an applicant must file an Environmental Assessment (EA) with the FCC as specified in 47 C.F.R. � 1.1301 et seq. An
• http://wireless.fcc.gov/siting/environment.html
  • a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [38]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the EAs and assists its licensees in working with the appropriate local, state, and federal agencies to reach
• http://wireless.fcc.gov/siting/environment_compliance.html
  • a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [39]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the EAs and assists its licensees in working with the appropriate local, state, and federal agencies to reach
• http://wireless.fcc.gov/siting/environmental-assessment.html
  • Committee [33]MB's NPRM Concerning Preemption of Local Regulations on the Siting of Broadcast Facilities [34]Public Buildings Service Antenna Program [35]Search AM Database Determine Interference Potential from a New Cellular Tower Structure [36]wow-com The World of Wireless Communications Environmental Assessment Checklist Applicants and licensees, including tower owners, are required to comply with all of the Commissions environmental rules, including 47 C.F.R. 1.1307 and 47 C.F.R. 1.1311 (i.e., environmental information to be included in the environmental assessment (EA)). If an applicant or licensee is required to file an EA with the Commission, the Wireless Telecommunications Bureau will send deficiency letters to individual licensees and applicants who have submitted EAs with applications (i.e., a filed FCC Form 601 or FCC Form 854) that are
• http://wireless.fcc.gov/siting/fact1.html http://wireless.fcc.gov/siting/fact1.pdf
  • rules that implement the federal environmental statutory provisions are contained in sections 1.1301-1.1319. The FCC's environmental rules place the responsibility on each applicant to investigate all the potential environmental effects, and disclose any significant effects on the environment in an Environmental Assessment (EA), as outlined in section 1.1311, prior to constructing a tower. The applicant is required to consult section 1.1307 to determine if its proposed antenna structure will fall under any of the listed categories that may significantly affect the environment. If it does, the applicant must provide an EA prior to proceeding with the tower construction and. under section 1.1312, must await FCC approval before commencing any such construction even if FCC approval is not otherwise required for such
• http://wireless.fcc.gov/siting/fact2.pdf
  • and organizations, has an official relationship with NCRP as a "collaborating organization." 24. How will antenna sites be evaluated for RF exposure? Answer: Antenna sites will be evaluated for compliance with limits for maximum permissible exposure (MPE) if they meet the criteria based on operating power, location, or height above ground set forth in Table 1 in the new Section 1.1307 of the Commission's rules. Under the rules, all sites are required to comply with the new MPE limits, but only certain sites are required to undergo environmental evaluation. The rules provide specific guidelines and procedures for such evaluation. 25. Some carriers say their facilities are "categorically excluded" from compliance. What does that mean? Answer: In the past, the Commission categorically
• http://wireless.fcc.gov/siting/npa.html
  • [36]wow-com The World of Wireless Communications Nationwide Programmatic Agreement On October 5, 2004, the Commission released a Report and Order, FCC 04-222, adopting the Nationwide Programmatic Agreement regarding the Section 106 National Historic Preservation Act Review Process (NPA), signed by the Advisory Council on Historic Preservation (ACHP) and the National Conference of State Historic Preservation Officers (NCSHPO) and amending Section 1.1307(a)(4) of the Commission's rules, 47 C.F.R. 1.1307(a)(4). Required FCC [37]Form 620 (new towers) (pdf) and FCC [38]Form 621 (collocations) (pdf) are effective on March 7, 2005 and are available on the [39]FCC Forms Page. General or specific inquiries about the Nationwide Agreement can be submitted to the Commission at [40]NPA Inquiries. Please leave a phone number with your query so
• http://wireless.fcc.gov/siting/npa/FCC-04-222A3.pdf
  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). F. This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. II. DEFINITIONS 5 Federal Communications Commission FCC 04-222 A. The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency ("RF")
• http://wireless.fcc.gov/siting/npa/applicability.html
  • the Commission's rules (See 47 C.F.R. 1.1301-1.1319). Completion of the Section 106 review process under the Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. 1.1307(a)(4)). [18]FCC rules 47 C.F.R. 1.1307(a)(4) [19]FCC rules 47 C.F.R. 1.1301-1.1319 Limited to FCC undertakings F. Nationwide The Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. References 1. http://wireless.fcc.gov/siting/npa/intro.html 2. http://esupport.fcc.gov/contactfcc/npa/submitquery.jsp 3. http://wireless.fcc.gov/siting/npa/FCC-04-222A3.pdf 4. http://wireless.fcc.gov/siting/npa/applicability.html 5. http://wireless.fcc.gov/siting/npa/definitions.html 6. http://wireless.fcc.gov/siting/npa/exclusions.html 7. http://wireless.fcc.gov/siting/npa/tribal.html 8. http://wireless.fcc.gov/siting/npa/consulting.html 9. http://wireless.fcc.gov/siting/npa/identification.html
• http://wireless.fcc.gov/siting/npa/intro.html
  • the Section 106 review process. The tower constructor contacts the State Historic Preservation Officer ("SHPO"), for each tower project, seeking a recommendation regarding whether the project will affect "districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places" (47 C.F.R. 1.1307(a)(4)). The SHPO, after reviewing the submission from the tower constructor recommends whether or not an impact will occur. If the SHPO advises the tower constructor that the project would "adversely" affect historic properties within the Area of Potential Effects ("APE"), then the parties attempt to resolve the impact between themselves. Should negotiations prove fruitless, the tower constructor may abandon the
• http://wireless.fcc.gov/siting/npafaq.html
  • the Commission's Rules require that you hire these outside specialists, although it may be easier and more cost effective in the long run to let such experts assist you in handling this area of compliance. Q. Which government agency or office can assist us in determining whether or not a proposed construction may require an environmental assessment (EA) under [38]section 1.1307? A. Because the Commission is not an expert agency on environmental matters, in evaluating our licensees' environmental assessments prepared and filed pursuant to NEPA, we defer to the opinions or judgments of other agencies with expertise over a particular subject matter. These agencies can also assist you in determining whether your proposed construction may affect the areas over which the
• http://wireless.fcc.gov/siting/npaguid.html
  • 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) which is filed with the Commission for our review. [46]Section 1.1307 is divided into four parts: 1. 1.1307(a): Lists
• http://wireless.fcc.gov/uls//releases/da010971a.doc http://wireless.fcc.gov/uls//releases/da010971a.pdf
  • with Canada. If applicants do, they must provide Yes; otherwise, they must provide No. Item 26. For each location listed on the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then
• http://wireless.fcc.gov/uls/releases/DA002644.doc http://wireless.fcc.gov/uls/releases/DA002644.pdf
  • differences between the new November 2000 edition and prior editions. , or they can continue to use the June 2000 edition of the form until further notice. Hard copies of this edition will not be available until further notice. NOTE: Applicants who use the June 2000 Form 601 and who are required to file an RF certification pursuant 47 C.F.R. 1.1307 must remember to include the certification as an attachment. Main Form Item Changes General Certifications Statements Item 6-``The applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set for in 47 C.F.R. 1.1307(b); or, (2) have been found not to cause
• http://wireless.fcc.gov/uls/releases/d001033a.pdf
  • (Northwest corner) ( ) E or W 20) Do you propose to operate in an area that requires frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( N )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC 601 Schedule I Location
• http://wireless.fcc.gov/uls/releases/d001033b.pdf
  • (Northwest corner) ( ) E or W 20) Do you propose to operate in an area that requires frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( N )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC Form 601 Schedule I
• http://wireless.fcc.gov/uls/releases/d001033c.pdf
  • (Northwest corner) ( ) E or W 20) Do you propose to operate in an area that requires frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( N )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC 601 Schedule I Location
• http://wireless.fcc.gov/uls/releases/d001033f.pdf
  • only (Northwest corner) ( ) E or W 20) Do you propose to operate in an area that requires frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC Form 601 Schedule I
• http://wireless.fcc.gov/uls/releases/da00-1992_AttA.doc http://wireless.fcc.gov/uls/releases/da00-1992_AttA.pdf
  • operate in an area that requires frequency coordination with Canada. If you do, provide Yes; otherwise provide No. Item 26: For each location listed on the application, you must indicate if a Commission grant of Authorization for the location would be an action which may have a significant environmental effect. If it would, provide Yes; otherwise provide No. See Section 1.1307 of 47 CFR. If Yes, you must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27: For each location listed on the application, you must indicate if it is located in one of the quiet zones listed below. If it is, provide Yes; otherwise provide No. If Yes, you must provide the date (mm/dd/yy)
• http://wireless.fcc.gov/uls/releases/da00-2292-AppA.doc http://wireless.fcc.gov/uls/releases/da00-2292-AppA.pdf
  • with Canada. If applicants do, they must provide Yes; otherwise, they must provide No. Item 26. For each location listed on the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then
• http://wireless.fcc.gov/uls/releases/da00-2564A.doc http://wireless.fcc.gov/uls/releases/da00-2564A.pdf
  • with Canada. If applicants do, they must provide Yes; otherwise, they must provide No. Item 26. For each location listed on the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000035.doc
  • 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 Preservation
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
  • WPMH-547, East Brunswick, NJ. New York, NY District Office (9/20/00). Ms. Barbara Merrille, d/b/a Metrocall USA, Inc., WMPC-977, Brick, NJ. New York, NY District Office (9/20/00). 47 C.F.R. � 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. � 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. � 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. �1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations
• http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet56/oet56e4.pdf
  • 30 300-1500 -- -- f/1500 30 1500-100,000 -- -- 1.0 30 ______________________________________________________________________________ f=frequencyinMHz *Plane-waveequivalentpowerdensity NOTE1:Occupational/controlledlimitsapplyinsituationsinwhichpersonsareexposedasaconsequenceof theiremploymentprovidedthosepersonsarefullyawareofthepotentialforexposureandcanexercisecontrol overtheirexposure.Limitsforoccupational/controlledexposurealsoapplyinsituationswhenanindividualis transientthroughalocationwhereoccupational/controlledlimitsapplyprovidedheorsheismadeawareofthe potentialforexposure. NOTE2:Generalpopulation/uncontrolledexposuresapplyinsituationsinwhichthegeneralpublicmaybe exposed,orinwhichpersonsthatareexposedasaconsequenceoftheiremploymentmaynotbefullyawareof thepotentialforexposureorcannotexercisecontrolovertheirexposure. 15 Table2.FCCLimitsforLocalized(Partial-body)Exposure SpecificAbsorptionRate(SAR) Occupational/ControlledExposure (100kHz-6GHz) GeneralUncontrolled/Exposure (100kHz-6GHz) <0.4W/kgwhole-body <8W/kgpartial-body <0.08W/kgwhole-body <1.6W/kgpartial-body WHYHASTHEFCCADOPTEDGUIDELINESFORRFEXPOSURE? TheFCCauthorizesandlicensesdevices,transmittersandfacilitiesthatgenerateRF andmicrowaveradiation.IthasjurisdictionoveralltransmittingservicesintheU.S.except thosespecificallyoperatedbytheFederalGovernment.However,theFCC'sprimary jurisdictiondoesnotlieinthehealthandsafetyarea,anditmustrelyonotheragenciesand organizationsforguidanceinthesematters. UndertheNationalEnvironmentalPolicyActof1969(NEPA),theFCChascertain responsibilitiestoconsiderwhetheritsactionswill"significantlyaffectthequalityofthe humanenvironment."Therefore,FCCapprovalandlicensingoftransmittersandfacilities mustbeevaluatedforsignificantimpactontheenvironment.HumanexposuretoRF radiationemittedbyFCC-regulatedtransmittersisoneofseveralfactorsthatmustbe consideredinsuchenvironmentalevaluations. MajorRFtransmittingfacilitiesunderthejurisdictionoftheFCC,suchasradioand televisionbroadcaststations,satellite-earthstations,experimentalradiostationsandcertain cellular,PCSandpagingfacilitiesarerequiredtoundergoroutineevaluationforRF compliancewheneveranapplicationissubmittedtotheFCCforconstructionormodification ofatransmittingfacilityorrenewalofalicense.FailuretocomplywiththeFCC'sRF exposureguidelinescouldleadtothepreparationofaformalEnvironmentalAssessment, possibleEnvironmentalImpactStatementandeventualrejectionofanapplication.Technical 16 guidelinesforevaluatingcompliancewiththeFCCRFsafetyrequirementscanbefoundin theFCC'sOETBulletin65(Reference57). Low-powered,intermittent,orinaccessibleRFtransmittersandfacilitiesarenormally "categoricallyexcluded"fromtherequirementforroutineevaluationforRFexposure.These exclusionsarebasedoncalculationsandmeasurementdataindicatingthatsuchtransmitting stationsordevicesareunlikelytocauseexposuresinexcessoftheguidelinesundernormal conditionsofuse.13TheFCC'spoliciesonRFexposureandcategoricalexclusioncanbe foundinSection1.1307(b)oftheFCC'sRulesandRegulations.14Itshouldbeemphasized, however,thattheseexclusionsarenotexclusionsfromcompliance,but,rather,only exclusionsfromroutineevaluation.Furthermore,transmittersorfacilitiesthatareotherwise categoricallyexcludedfromevaluationmayberequired,onacase-by-casebasis,to demonstratecompliancewhenevidenceofpotentialnon-complianceofthetransmitteror facilityisbroughttotheCommission'sattention[see47CFR�1.1307(c)and(d)]. TheFCC'spolicieswithrespecttoenvironmentalRFfieldsaredesignedtoensurethat FCC-regulatedtransmittersdonotexposethepublicorworkerstolevelsofRFradiationthat areconsideredbyexpertorganizationstobepotentiallyharmful.Therefore,ifatransmitter anditsassociatedantennaareregulatedbytheFCC,theymustcomplywithprovisionsofthe FCC'srulesregardinghumanexposuretoRFradiation.Inits1997Order,theFCCadopted aprovisionthatalltransmittersregulatedbytheFCC,regardlessofwhethertheyareexcluded fromroutineevaluation,areexpectedtobeincompliancewiththenewguidelinesonRF exposurebySeptember1,2000(Reference56). IntheUnitedStatessomelocalandstatejurisdictionshavealsoenactedrulesand regulationspertainingtohumanexposuretoRFenergy.However,theTelecommunications Actof1996containedprovisionsrelatingtofederaljurisdictiontoregulatehumanexposure toRFemissionsfromcertaintransmittingdevices..Inparticular,Section704oftheAct statesthat,"NoStateorlocalgovernmentorinstrumentalitythereofmayregulatethe placement,construction,andmodificationofpersonalwirelessservicefacilitiesonthebasis oftheenvironmentaleffectsofradiofrequencyemissionstotheextentthatsuchfacilities complywiththeCommission'sregulationsconcerningsuchemissions."Furtherinformation onFCCpolicywithrespecttofacilitiessitingisavailableinafactsheetfromtheFCC's WirelessTelecommunicationsBureau.15 13TheCouncilonEnvironmentalQuality,whichhasoversightresponsibilitywithregardtoNEPA,permits federalagenciestocategoricallyexcludecertainactionsfromroutineenvironmentalprocessingwhenthepotentialfor individualorcumulativeenvironmentalimpactisjudgedtobenegligible(40CFR��1507,1508.4and"Regulations forImplementingtheProceduralProvisionsofNEPA,43Fed.Reg.55,978,1978). 1447CodeofFederalRegulations1.1307(b). 15 "FactSheet2",September17,1997,entitled,"NationalWirelessFacilitiesSitingPolicies,"fromtheFCC's WirelessTelecommunicationsBureau.Thisfactsheetcanbeviewedanddownloadedfromthebureau'sInternet WorldWideWebSite:http://www.fcc.gov/wtb/. 17 AREEMISSIONSFROMRADIOANDTELEVISIONANTENNASSAFE? RadioandtelevisionbroadcaststationstransmittheirsignalsviaRFelectromagnetic waves.Therearecurrentlyapproximately14,000radioandTVstationsontheairinthe UnitedStates.BroadcaststationstransmitatvariousRFfrequencies,dependingonthe channel,rangingfromabout550kHzforAMradiouptoabout800MHzforsomeUHF televisionstations.FrequenciesforFMradioandVHFtelevisionlieinbetweenthesetwo extremes.Operatingpowers("effectiveradiatedpower")canbeaslittleasafewhundred wattsforsomeradiostationsoruptomillionsofwattsforcertaintelevisionstations.Some ofthesesignalscanbeasignificantsourceofRFenergyinthelocalenvironment,andthe FCCrequiresthatbroadcaststationssubmitevidenceofcompliancewithFCCRFguidelines. TheamountofRFenergytowhichthepublicorworkersmightbeexposedasaresult ofbroadcastantennasdependsonseveralfactors,includingthetypeofstation,design characteristicsoftheantennabeingused,powertransmittedtotheantenna,heightofthe antennaanddistancefromtheantenna.Sinceenergyatsomefrequenciesisabsorbedbythe humanbodymorereadilythanenergyatotherfrequencies,thefrequencyofthetransmitted signalaswellasitsintensityisimportant.Calculationscanbeperformedtopredictwhat fieldintensitylevelswouldexistatvariousdistancesfromanantenna. Publicaccesstobroadcastingantennasisnormallyrestrictedsothatindividualscannot beexposedtohigh-levelfieldsthatmightexistnearantennas.Measurementsmadebythe FCC,EPAandothershaveshownthatambientRFradiationlevelsininhabitedareasnear broadcastingfacilitiesaretypicallywellbelowtheexposurelevelsrecommendedbycurrent standardsandguidelines(References32,46,48,51,52).Therehavebeenafewsituations aroundthecountrywhereRFlevelsinpubliclyaccessibleareashavebeenfoundtobehigher thanthoserecommendedbyapplicablesafetystandards(e.g.,seeReference50).But,inspite oftherelativelyhighoperatingpowersofmanystations,suchcasesareunusual,and membersofthegeneralpublicareunlikelytobeexposedtoRFlevelsfrombroadcasttowers thatexceedFCClimits.Whereversuchsituationshavearisencorrectivemeasureshavebeen
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1998/fcc98119.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1998/fcc98119.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1998/fcc98119.wp
  • 64 See ESN Reply at 3. 65 See 3M Reply at 10. 66 See ITS America Reply at 6. 67 See Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1997), Second Memorandum Opinion and Order and Notice of Proposed Rulemaking at para. 31, ET Docket No. 93-62, 12 FCC Rcd 13494 (1997). See also, 47 C.F.R. � 1.1307(b). 18 33. Two parties oppose the allocation of spectrum for DSRC operations because they claim that such operations would generate sufficient levels of RF energy to cause health problems to the public. Specifically, the Cellular Phone Taskforce ("CPT") and the Electrical Sensitivity Network ("ESN") claim that some people are especially sensitive to RF energy and oppose the use of DSRC
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • MHz MO&O and FNPRM at �� 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, � 106; see also Upper 700 MHz MO&O and FNPRM at �� 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, � 111. See supra para. 43. These existing requirements are found in 47 CFR �� 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, � 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01158.txt
  • The instruction manual furnished with the intentional radiator shall contain language in the installation instructions informing the operator and the installer of this responsibility. (5) Systems operating under the provisions of this section shall be operated in a manner that ensures that the public is not exposed to radio frequency energy levels in excess of the Commission's guidelines. See � 1.1307(b)(1) of this Chapter. (c) In any 100 kHz bandwidth outside the frequency band in which the spread spectrum or digitally modulated intentional radiator is operating, the radio frequency power than is produced by the intentional radiator shall be at least 20 dB below that in the 100 kHz bandwidth within the band that contains the highest level of the desired
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
  • Federal Communications Commission FCC 96-326 _________________________________________ See Report and Order, GEN Docket No. 79-144, 100 FCC 2d 543 (1985); Memorandum Opinion and Order, 7 58 RR 2d 1128 (1985); see also ANSI C95.1-1982, "American National Standard Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz," ANSI, New York, NY. 47 CFR Section 1.1307(b). 8 See Second Report and Order, GEN Docket No. 79-144, 2 FCC Rcd 2064 (1987); Erratum, 2 FCC Rcd 2526 9 (1987). Facilities that are otherwise categorically excluded from RF environmental evaluation may still be required, on a case-by-case basis, to undergo evaluation pursuant to the provisions of 47 CFR � 1.1307(c) and (d). The Council on Environmental Quality, which
• 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
  • addressed by these requirements is human exposure to RF energy emitted by FCC-regulated transmitters and facilities. 14. The Commission's environmental processing rules, 47 C.F.R. �� 1.1301-1.1319, generally require an applicant to perform the necessary analysis (e.g., calculations and/or measurements) to ascertain whether a particular transmitting facility or device complies with the Commission's adopted RF exposure guidelines set forth in section 1.1307(b), in effect at the time the applicant files for an initial construction permit, license, or renewal or modification of an existing license. If on the basis of the applicant's analysis the applicant determines that the facility complies (or will comply) with the Commission's adopted RF guidelines, the applicant certifies compliance as part of its application. If, on the other hand,
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fcc98338.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fcc98338.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1998/fcc98338.wp
  • out-of-band emissions limit. Emissions in the band 1559-1605 MHz shall be limited to -70 dBW / MHz averaged over any 20 millisecond period for wideband signals, and a standard of -80 dBW across within the measurement bandwidth of 700 Hz or less for narrowband signals. (d) Licensees and manufacturers are subject to the radiofrequency radiation exposure requirements specified in � 1.1307(b), � 2.1091 and � 2.1093 of this chapter, as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section shall contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement shall be submitted to the Commission upon request. (e) Equipment authorizations issued pursuant
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00211.txt
  • Final Rules For the reasons discussed in the Report and Order, the Federal Communications Commission amends 47 C.F.R. Parts 2, 15, 90, and 95 as follows: PART 1 PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 303(r). 2. Section 1.1307 is amended by revising paragraph (b)(2) to read as follows: � 1.1307 Actions which may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * (b) * * * (2) Mobile and portable transmitting devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services (PCS), the Satellite Communications Services, the
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • However, we wish to draw the attention of terrestrial service equipment manufacturers and prospective bidders to the technical specifications, for Federal Government radiolocation systems that operate in the 3100-3700 MHz band, that are contained in the NTIA Radiolocation Report. RF Safety Section 27.52 of the Commission's rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's rules, which list the services and devices for which an environmental evaluation must be performed. In adopting the rule, the Commission concluded that routine environmental evaluations for RF exposure are required by applicants desiring to use the following types of transmitters: (1) fixed operations, including base stations and radiolocation transmitters, when the effective radiated
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.txt
  • these other subscriber antennas. In addition, we have recently made labeling a condition for invoking protection from restrictions that impair the installation, maintenance, or use of customer-end antennas that are used to transmit fixed wireless service, where the antenna user has a direct or indirect ownership or leasehold interest in the property. Accordingly, we are amending Table 1 in Section 1.1307(b) of the Commission's rules to provide for labeling requirements for NGSO subscriber equipment. Labeling information should include minimum separation distances required between users and radiating antennas to meet the Commission's radiofrequency exposure guidelines. Labels should also include reference to the Commission's applicable radiofrequency exposure guidelines. In addition, the instruction manuals and other information accompanying subscriber transceivers should include a full
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/da991211.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PUBLICNOTICE Newsmediainformation202/418-0500 Fax-On-Demand202/418-2830 Internet:http://www.fcc.gov ftp.fcc.gov FederalCommunicationsCommission 44512thSt.,S.W. Washington,D.C.20554 DA99-1211 Released:June25,1999 CORRECTEDVERSION* FCCTOSEEKCOMMENTSONALETTERFROMTHEADVISORYCOUNCILON HISTORICPRESERVATIONRELATINGTOCOMMUNICATIONSTRANSMISSION FACILITIESLOCATEDATLOOKOUTMOUNTAIN,CO OnMay27,1999,theFCCadoptedandreleasedaMemorandumOpinionAndOrder(the "MO&O")intheMatterofCanyonAreaResidentsfortheEnvironmentforReviewofAction TakenUnderDelegatedAuthorityonaPetitionforanEnvironmentalImpactStatement.The MO&OaffirmedaletterrulingdatedOctober9,1998,bytheChiefoftheOfficeofEngineering &Technology,whichfoundthatthecommunicationsfacilitiesonLookoutMountain,Colorado compliedwiththeFCC'sradiofrequency("RF")radiationhealthandsafetystandards,and,inter alia,rejectedargumentsthatthecommunicationstransmissiontowerproposedbytheLakeCedar Groupmaysignificantlyaffecttheenvironment. TheMO&OcharacterizedLookoutMountainasanestablished"antennafarm,"anareathatfor manyyearshasbeenthelocationfortransmittingtowersusedbymanyradioandtelevision broadcaststationslicensedtotheDenverarea.TheMO&OexplainedthatundertheFCC's environmentalrules,thelocationofcommunicationsfacilitiesinanantennafarmis "environmentallypreferabletonewconstruction,"isgenerallyencouragedandiscategorically excludedfromtheFCC'senvironmentalprocessingrequirements.TheMO&Ofurtherfoundthat therecorddidnotestablishthatthelocationoftheproposedtransmissiontowerinanestablished antennafarm,whichordinarilywouldbecategoricallyexcludedfromenvironmentalprocessing requirements,wouldsignificantlyaffecthistoricpropertiessuchthattheFCCwouldberequired to"takeintoaccount"thetower'simpactonsuchpropertiesandaffordtheAdvisoryCouncilon HistoricPreservation("AdvisoryCouncil")a"reasonableopportunitytocomment."See16 U.S.C.�470f;seealso47C.F.R.�1.1307(c). *TheOfficeofEngineering&Technologyinadvertentlyreleasedthewrongversionof thisPublicNoticeonJune23,1999.Theversionpreviouslyreleasedisrescinded.This isthecorrectversion. OnJune3,1999,theAdvisoryCouncilwrotetheCommission.AcopyoftheCouncil'sletter isattachedtothisPublicNotice.AccordingtotheAdvisoryCouncil,theproposedconstruction ofthetransmissionstowerandmaintenancefacilityassociatedtherewith"mayhavethepotential toaffecthistoricproperties,inparticular,theLariatTrailScenicMountainDrive,Lookout MountainPark,andtheCharlesBoettcherSummerHome,allofwhicharelistedintheNational registerofHistoricPlaces."TheCouncilaskedtheCommissiontoreviewthematterandsolicit theviewsofotherpartieswhohaveexpressedaninterestintheproposedundertaking. Inrecognitionofourobligationtoconsidertheeffectsoftheproposedcommunicationstower onhistoricpropertiesandinfurtheranceofSection1.1307(c)ofourrules,wearenotifyingthe partieswhohaveexpressedaninterestinthisproceedingthatwewilltreattheCouncil'sletter asaPetitionforReconsiderationofthatportionoftheMO&Owhichaddresseshistoric preservationconcerns. InterestedpartiesmayfilecommentsontheissuesraisedbytheCouncil'sletteronorbeforeJuly 23,1999,andreplycommentsonorbeforeAugust9,1999.ThelocalgovernmentofDenver, Coloradomayalsofilecomments. ForadditionalinformationcontactRobertCleveland,at(202)418-2422,Rclevela@FCC.GOV. -2-
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000705.doc
  • categorically excluded from routine environmental evaluation for demonstrating RF exposure compliance with respect to MPE and/or SAR limits. These devices are not exempted from compliance. As indicated in Section 15.247(b)(4), these transmitters are required to operate in a manner that ensures that exposure to the public (users and nearby persons) does not exceed the Commission's RF exposure guidelines (see Sections 1.1307, 2.1091 and 2.1093). Unless a device operates at substantially low output power levels, with a low gain antenna(s), supporting information is generally needed to establish the various potential operating configurations and exposure conditions of a transmitter and its antenna(s), in order to determine compliance with the RF exposure guidelines. In order to demonstrate compliance with MPE requirements (see Section 2.1091),
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000912.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000912.txt
  • licensed by the Commission prior to the appropriate effective date, the following provision was adopted: ``All existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the requirements of paragraphs (b)(1) through (b)(3) of this section by September 1, 2000, or, if not in compliance, file an Environmental Assessment as specified in �1.1311.'' [47 CFR 1.1307(b)(5)] If such an Environmental Assessment (``EA'') is required, the obligation to file it would fall upon the licensee presently holding the permit or license to transmit, or the party presently holding the grant of equipment authorization. An EA is a formal document required by the National Environmental Policy Act whenever an action may have a significant environmental impact. Section 1.1311
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da001950.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da001950.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � N � , , DA 00-1950 August 24, 2000 REMINDER OF SEPTEMBER 1, 2000, DEADLINE FOR COMPLIANCE WITH REGULATIONS FOR HUMAN EXPOSURE TO RADIOFREQUENCY EMISSIONS On September 1, 2000, all existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the Commission's radiofrequency (RF) exposure guidelines, pursuant to Section 1.1307(b)(1) through (b)(3) of the Commission's rules, or if not in compliance, file an Environmental Assessment (EA) as specified in Section 1.1311. See 47 CFR 1.1307(b)(5). This is the third in a series of Public Notices reminding licensees and grantees of the September 1, 2000, RF compliance requirement. For more information, see Public Notice, ``Year 2000 Deadline for Compliance with Commission's
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.txt
  • licensed by the Commission prior to the appropriate effective date, the following provision was adopted: ``All existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the requirements of paragraphs (b)(1) through (b)(3) of this section by September 1, 2000, or, if not in compliance, file an Environmental Assessment as specified in �1.1311.'' [47 CFR 1.1307(b)(5)] If such an Environmental Assessment (``EA'') is required, the obligation to file it would fall upon the licensee presently holding the permit or license to transmit, or the party presently holding the grant of equipment authorization. An EA is a formal document required by the National Environmental Policy Act whenever an action may have a significant environmental impact. Section 1.1311
• http://www.fcc.gov/Bureaus/International/Notices/1998/fcc98149.pdf
  • cables where (1) there is no legal compulsion to serve the public indifferently and (2) there are no reasons implicit in the nature of the operations to expect an indifferent holding-out to eligible public users. See Tel-Optik, Ltd., 100 F.C.C.2d 1033, 1040�42, 1046�48 (1985); see also Cable & Wireless, plc, 12 FCC Rcd 8516 (1997). 45 See 47 C.F.R. � 1.1307 (1997) (facilities that may significantly affect the environment for purposes of the environmental processing requirements include, e.g., facilities that are to be located in an officially designated wilderness area, facilities that are to be located in an officially designated wildlife preserve, and facilities that may affect properties that are listed or are eligible for listing in the National Register 13
• http://www.fcc.gov/Bureaus/International/Orders/1999/da991636.pdf
  • any persons, unless the Federal Communications Commission shall give prior consent in writing; (6)The Commission reserves the right to require the Licensees to file an environmental assessment or environmental impact statement should it determine that the landing of the cables at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (7)Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as amended;
• http://www.fcc.gov/Bureaus/International/Orders/1999/da992579.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da992579.txt
  • no later than 60 days after receipt of the specific description; (7) The Commission reserves the right to require the Joint Applicants to file an environmental assessment or environmental impact statement should it determine that the landing of the cables at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
• http://www.fcc.gov/Bureaus/International/Orders/1999/da992778.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da992778.txt
  • contrary no later than sixty days after receipt of the specific description; (7) The Commission reserves the right to require the Applicant to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
• 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
  • activity over vast distances, the environmental consequences for the ocean, the ocean floor, and the land are negligible." We went on to describe how, "[i]n shallow water, the cable 132 See 47 U.S.C. � 154(k)(4) (directing the Commission to make "specific recommendations to Congress as to additional legislation which the Commission deems necessary or desirable"). 133 See 47 C.F.R. � 1.1307 (1997) (facilities that may significantly affect the environment for purposes of the environmental processing requirements include, e.g., facilities that are to be located in an officially designated wilderness area, facilities that are to be located in an officially designated wildlife preserve, and facilities that may affect properties that are listed or are eligible for listing in the National Register of
• 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
  • the contrary no later than sixty days after receipt of the specific description; (7)The Commission reserves the right to require the Licensees to file an environmental assessment or environmental impact statement should it determine that the landing of the cables at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8)Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10,530, as amended;
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000076.doc
  • located at Southport Business Park, Wight Moss Way, Off Town Lane, 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
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000108.doc
  • contrary no later than 60 days after receipt of the specific description; (7) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000310.doc
  • Applicant to the contrary no later than 60 days after receipt 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
• http://www.fcc.gov/Bureaus/International/Orders/2000/da001808.doc
  • to any persons, unless the Commission shall give prior consent in writing; (6) The Commission reserves the right to require the Licensee to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (7) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
• http://www.fcc.gov/Bureaus/International/Orders/2000/da001826.doc
  • contrary no later than 60 days after receipt of the specific description; (7) The Commission reserves the right to require the Licensees to file an environmental assessment or environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would significantly affect the environment within the meaning of Section 1.1307 of the Commission's procedures implementing the National Environmental Policy Act of 1969; this license is subject to modification by the Commission upon its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules; (8) Pursuant to Section 2 of the Cable Landing License Act, 47 U.S.C. � 35; Executive Order No. 10530, as
• http://www.fcc.gov/Bureaus/International/Orders/2000/da002170.doc
  • quality and unique character of Steilacoom are attributable.'' SMC, Section 2.14.010. SMC, at 2.14.010. The Commission has stated that restrictions designed to preserve genuine historic districts may justify a waiver of its rules depending upon the circumstances and on how other types of antenna or modern accoutrements are treated. See Preemption Order, 11 FCC Rcd at 5819, and 47 C.F.R. �1.1307(a)(4), regarding Commission's actions with respect to licensing of facilities that may affect districts significant in American history or listed in the National Register of Historic Places. Preemption Order, 11 FCC Rcd at 5819. 47 C.F.R. � 25.104(a). SMC � 18.22.090, Design Requirements; and � 2.14.040, Steilacoom Preservation and Review Board. 47 C.F.R. � 1.4000(b)(2) and (3). 47 C.F.R. � 1.4000(b).
• http://www.fcc.gov/Bureaus/International/Public_Notices/2000/pnin0116.pdf
  • Date Effective: 05/08/2000 Class of Station: Fixed Earth Stations Grant of Authority Nature of Service:Domestic Fixed Satellite Service, International Fixed Satellite Service SITE ID: 1 46740 Lakeview Boulevard, Alameda, Fremont, CA LOCATION: E000169 SES-LIC-20000417-00594 VIA SKY COMMUNICATIONS Application for Authority Date Effective: 05/05/2000 Class of Station: Dismissed by Commission Order This application has been dimissed pursuant to 47 C.F.R., Section 1.1307. E990277 SES-MOD-20000211-00210 LORAL CYBERSTAR, INC. Application for Modification 10/19/1999 - 10/19/2009 Date Effective: 05/05/2000 Class of Station: Fixed Earth Stations Grant of Authority Nature of Service:Domestic Fixed Satellite Service, International Fixed Satellite Service SITE ID: 1 LORAL CYBERSTAR, INC. 1305 INDUSTRIAL PARK ROAD, SHENANDOAH, MT. JACKSON, VA LOCATION: E980101 SES-MOD-20000215-00195 GANNETT RIVER STATES PUBLISHING CORPORATION C/O GANNETT CO., INC. Application
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
  • the safety of subscriber transceivers where such features could be made available at reasonable cost. Id. at � 296. In modeling the LMDS RF radiation guidelines and procedures after those applicable to MDS systems, we also acknowledged "the technical similarities between LMDS and MDS." Id. at � 292. We propose to adopt Petitioners' suggestion and amend the provisions of Section 1.1307 of our Rules that relate to MDS and ITFS, in the manner set forth for LMDS licensees both in the LMDS Second Report and Order and as recently modified in our order refining the guidelines for evaluating the environmental effects of RF radiation.30 We seek comment on this proposal. 28 We recently have proposed to streamline the equipment authorization program,
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • that do not exceed the DTV reference ERP and HAAT for this station as established in 47 C.F.R. Section 73.622. 2. The proposed facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the applicable health and safety guidelines, and therefore will not come within 47 C.F.R. Section 1.1307. 3. Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will encompass the allotted principal community. 4. The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations, radio receiving installations and FCC monitoring stations have either been satisfied or are not applicable. 5. The antenna structure to be used by this facility
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fc97116d.pdf
  • that do not exceed the DTV reference ERP and HAAT for this station as established in 47 C.F.R. Section 73.622. 2. The proposed facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the applicable health and safety guidelines, and therefore will not come within 47 C.F.R. Section 1.1307. 3. Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will encompass the allotted principal community. 4. The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations, radio receiving installations and FCC monitoring stations have either been satisfied or are not applicable. 5. The antenna structure to be used by this facility
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
  • requirement be imposed. These Federal Communications Commission FCC 98-231 55 Declaratory Ruling and Order, 11 FCC Rcd at 18862 56 NPRM at � 27. 57 Id at 12669-70 (citing Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996) (RF Report and Order) and 47 C.F.R. � 1.1307(b)(1)). 58 Id at 12670. 59 Id. 60 Id. 16 concepts were generally supported in the Comments and Replies and we are adopting them in our rules. The extra interference potential of individual low power boosters and response stations which might arise from frequency instability is very limited, and thus imposing a tolerance requirement on them would result in added equipment
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). in this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. Worksheet #3 includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. These pages are designed to facilitate and
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da991444.doc
  • application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 28. IT IS FURTHER ORDERED, That the application (BPED-961210MC) filed by Spokane Public Radio, Inc. to upgrade its Station KSFC(FM), Spokane, Washington, by substituting Channel 220C2 for Channel 220A at Spokane, when considered as a counterproposal, is DENIED. The application will be referred back to the Audio Services Division for final disposition. 29 . IT IS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992378.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 17. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992453.doc
  • change application for construction permit (FCC Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Commission's Rules. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 14. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Nevada County Broadcasters, Inc., for Station KNCO, Channel 232A, Grass Valley, California, IS MODIFIED to specify operation on Channel 231A, subject to the following conditions: (a) Nothing contained herein shall be construed to authorize any
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992687.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau The coordinates for Channel 250A at Windham are 42-20-12 North Latitude and 74-16-19 West
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992698.doc
  • permittee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. A filing window for Channel 282C3 at Granite, Oklahoma, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 9. IT IS FURTHER ORDERED, That the petition for rule making filed by Good Government Radio to allot
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da993004.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 11. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000321.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000322.doc
  • minor change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 16. Pursuant to Sections 1.1104(1)(k) and 1.1104(2)(k) of the Commission's Rules, any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change of community of license
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000371.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau Unless otherwise indicated, all population figures are taken from the 1990 U.S. Census. The
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000373.doc
  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS GRANTED, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000494.doc
  • conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (c) Operation of Station KTKY on Channel 293C2 in Taft, Texas, including program test operation pursuant to Section 73.1620, will not be commenced until such time as express authorization from the Commission has been granted. Such authorization will not be granted until a construction permit has been issued for Channel 263A or Channel 291A at Refugio,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000574.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 14. Pursuant to Commission Rule Section 1.1104(3)(l), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000655.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000740.doc
  • a minor change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Rules. 6. Pursuant to Section 1.1104 (1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000945.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 11. A filing window for Channel 296A at Saranac Lake, New York, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 12. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 13. For further information concerning this
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001001.doc
  • to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. A filing window for Channel 295C2 at Rocksprings, Texas, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 8. Pursuant to Commission Rule Section 1.1104(3)(1), any party seeking a change in community of license of an
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001108.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001112.doc
  • a minor change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter location or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Rules. 21. Pursuant to Commission rule Section 1.1104(3)(1), any party seeking a change in the community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001146.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 14. Pursuant to Commission Rules Section 1.1104(1)(k) and (2)(k), any party seeing a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001147.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001165.doc
  • a minor change application for construction permit (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Rules. 9. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Shaffer Communications Group, Inc. for Station KYTX, Channel 250C2, Beeville, Texas, IS MODIFIED to specify operation on Channel 296A in lieu of Channel 250C2, subject to the following conditions: (a) Within 90 days of the effective
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001206.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change in community of license of a TV or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001208.doc
  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 12. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license for Station WEOW, Channel 223C1, Key West, Florida, IS MODIFIED to specify operation on Channel 224C1 in lieu of Channel 223C1, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001331.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. (a) Nothing contained herein shall be construed as authorizing any change in: (1) Station KRCY(FM)'s license, (BLH-19931108KB); (2) Station KJJJ's license (BLH-19940601KA); and (3) Station KDUQ's license (BLH-19950718KB), except the channel as specified above. Any other changes, except those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001392.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau The site restriction is required to avoid a short-spacing to the present authorization of Station
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001395.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau There are also applications pending for noncommercial educational stations at Tillamook on Channels 208A
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001557.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001560.doc
  • permittee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau The Notice erroneously stated that the substitution and reallotment of Channel 268 would result
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001572.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 9. IT IS FURTHER ORDERED, That the Secretary SHALL SEND a copy of this Report and Order, BY REGISTERED MAIL, RETURN RECEIPT REQUESTED, to the applicant for Channel 221A at Pendergrass, Georgia, as follows: Waves of Mercy Productions, Inc., 5319 Amherst Way, Flowery Branch, GA 30542. 10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001675.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001693.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001694.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau On September 28, 1999, the Commission approved the assignment of Station WVNC's license from
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001755.doc
  • the Commission a minor change application for construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001898.doc
  • file with the Commission a minor change application for construction permit (Form 301), specifying the new facility; Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. A filing window for Channel 226A at Wheatland, Missouri, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. For further information concerning this proceeding, contact
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001902.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002002.doc
  • Commission a minor change application for a construction permit (Form 301) specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license or a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002014.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002056.doc
  • Commission a minor change application for construction (FCC Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Rules. 7. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of Four M.L. Broadcasting for Channel 281A at George West, Texas, (File No. BPH-19940207MA) IS MODIFIED (a) Nothing contained herein shall be construed to authorize any change in the outstanding construction permit for Channel 281A at
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002064.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002148.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002238.doc
  • the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Equinox Broadcasting Corporation for Station WCDW(FM) at Conklin, New York, IS MODIFIED to specify operation on Channel 263A at Susquehanna, Pennsylvania, subject to the following conditions: (a) Within 90 days of the effective date of
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002363.doc
  • Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the Commission's Rules, any party seeking a change in community of license of a television or FM allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da993040.doc
  • licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 10. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • tower lighting checks, entries need only be made when necessary. Logs must be retained for two years from the date of the last entry, and station logs must be made available to FCC personnel upon request. Environmental Requirements. As with any applicant for a Commission license, an LPFM proponent will have to certify compliance with the environmental requirements of Section 1.1307 of our rules. In order to facilitate the preparation and processing of LPFM applications, we will simplify the environmental compliance worksheets included in the current FCC Form 301 to account for the low operating power of LPFM stations. Radio Astronomy Installation Notifications. Low power FM broadcast stations will be required to coordinate with and provide protection to the radio quiet
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
  • of service must be achieved by December 31, 2004 for commercial stations and December 31, 2005 for noncommercial stations. Operating DTV stations must be providing this level of service over their principal communities at that time. 38. The majority of petitioners that addressed this issue did not object to the Commission's 56 47 C.F.R. � 17.7. 57 47 C.F.R. � 1.1307. 58 47 C.F.R. � 73.1635(b). 59 See 47 C.F.R. � 73.625 (as revised in Appendix A). 60 47 U.S.C. � 307(b). Federal Communications Commission FCC 01-330 16 increased city grade signal requirement as long as it was implemented in conjunction with a waiver policy that affords broadcasters flexibility in certain circumstances.61 MSTV, NAB, ALTV, and Joint Broadcasters point out that
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001950.doc
  • 8bit � p p * N p p p p DA 00-1950 August 24, 2000 REMINDER OF SEPTEMBER 1, 2000, DEADLINE FOR COMPLIANCE WITH REGULATIONS FOR HUMAN EXPOSURE TO RADIOFREQUENCY EMISSIONS On September 1, 2000, all existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the Commission's radiofrequency (RF) exposure guidelines, pursuant to Section 1.1307(b)(1) through (b)(3) of the Commission's rules, or if not in compliance, file an Environmental Assessment (EA) as specified in Section 1.1311. See 47 CFR 1.1307(b)(5). This is the third in a series of Public Notices reminding licensees and grantees of the September 1, 2000, RF compliance requirement. For more information, see Public Notice, ``Year 2000 Deadline for Compliance with Commission's
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • for satellite DARS. Use of the WCS spectrum for DARS services 337 Federal Communications Commission FCC 97-50 See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz 338 Frequency Band, IB Docket No. 95-91, GEN Docket No. 90-357, Notice of Proposed Rule Making, 11 FCC Rcd 1 (1995). See 47 C.F.R. �� 1.1301, 1.1307(b), 2.1091, and 2.1093. The RF radiation exposure limits are set forth in 47 339 C.F.R. �� 1.1310, 2.1091, and 2.1093, as applicable. For the purposes of our RF safety rules, mobile devices are defined as transmitters designed to be used in other than 340 fixed locations and to generally be used in such a way that a separation distance of
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • that similarly situated licensees are treated in a consistent manner, and allow us to more effectively collect the data we need to fulfill our statutory mandates. We believe that applicants for geographic area licenses in the wireless telecommunications services should, at a minimum, provide the Commission with technical information (1) when an Environmental Assessment is needed, as prescribed by section 1.1307; or (2) to effect international coordination, when necessary. Site data is also needed where towers will extend more than 200 feet above 125 ground or will be located near an airport in order to maintain safety in air navigation.126 79. In general, we believe that a reduced filing burden would be in the public interest. By changing our rules to
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • channel interference as a general matter.121 To implement sharing between conventional broadcast and other commercial services, different interference limits may be indicated. We request comment on this proposal and any other emission limits that commenters believe are appropriate. 3.RF Safety 70. Section 27.52 of the Commission's Rules122 subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must Federal Communications Commission FCC 99-97 123 47 C.F.R. �� 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. �� 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • at 24 GHz in the United States will be subject to any agreements reached with Canada and Mexico. We are in the process of holding discussions with these countries to determine the types of coordination that would be necessary. 2. RF Safety 41. We propose that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which lists the services and devices for which an environmental evaluation must be performed. We tentatively conclude that routine environmental evaluations for RF exposure should be required in the case of fixed operations, including base stations, when the effective radiated power (ERP) is greater than 1,000 watts. 42. We propose to treat services
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
  • equipment authorization, Radiofrequency (RF) safety standards, emission limits, frequency stability, antenna structures and air navigation safety, international coordination, and disturbance of AM broadcast station antenna patterns. In addition, other technical standards contained in other sections of the Commission's rules would apply to 4.9 GHz licensees. These standards would include, among others, Part 17 (antenna registration), Section 1.924 (quiet zones), and 1.1307 (environmental requirements). We tentatively conclude that all of these technical rules and the technical rules discussed below would apply to all 4.9 GHz licensees, regardless of the actual service provided or technology used, including those licensees who acquire licenses through partitioning of service areas or disaggregation of spectrum. We seek comment on these proposals. 1. In-Band Interference Control Section 27.55
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000821.doc
  • incorrectly, instead asserting that NHPA is triggered only by a federal undertaking located in a historic district, and not one located "near" a historic district. SCANA quotes from a Commission order discussing the Commission's antenna structure registration procedures, which states that applicants must respond "yes" to Question 28 when their proposed antenna site is in a sensitive location under Section 1.1307 of the Commission's rules. 28. The Commission has interpreted its obligations under NHPA to require an analysis of how a proposed tower construction will impact nearby historic sites. Section 1.1307(a)(4) of the Commission's rules provides in pertinent part that, "Commission actions with respect to the following types of facilities may significantly affect the environment and thus require the preparation of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • safety operations, we believe that the OOBE limits we adopt herein will limit such occurrences, and that in adopting these limits we have satisfied the Congressional concern to ensure that public safety licensees are protected from interference. RF Safety/Power Limits Background. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must be performed. In adopting the rule, we concluded that routine environmental evaluations for RF exposure are required for applicants desiring to use the following types of transmitters: (1) fixed operations, including base stations and radiolocation transmitters, when the effective radiated power
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • with the 30 megahertz spectrum, we will permit users in adjoining areas to agree to alternate field strengths at their common border to provide users increased flexibility in implementing their systems without increasing the risk of harmful interference. RF Safety/Power Limits. Section 27.52 of the Commission's Rules subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules. In the 700 MHz First Report and Order, we adopted a threshold of 1000 w ERP for categorical exclusion from routine evaluation for RF exposure for base and fixed stations. We adopt this threshold for base and fixed stations in the Guard Bands, as well. As with the 30 megahertz block, the threshold
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00123.doc
  • the incumbent files an application for new facilities would not encompass incumbent relocations to wireline networks because under Section 63.01 of the Commission's rules, construction of new domestic transmission lines does not require prior authorization from the Commission, unless the transmission will use radio frequencies or the construction would have a significant effect on the environment as detailed in Section 1.1307 of the Commission's rules. See 47 C.F.R. �� 63.01, 1.1307. See Letter from Mark E. Crosby, Industrial Telecommunications Association, Inc., to David Furth, FCC, dated June 10, 1997, at 8. See 47 C.F.R. � 101.305. See 47 C.F.R. � 24.245(a)(2). See 47 C.F.R. � 24.245(a)(1). See API Petition at 5 n.2; Southern Company Comments at 5; UTC Comments at 7-8.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • requirement. Further, we proposed to remove the current 80 km coordination distance, and instead require that 24 GHz band licensees coordinate their facilities whenever their facilities have line-of-sight into other 24 GHz band licensees' facilities or are within the same geographic area. We also proposed that licensees and manufacturers be subject to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091 and 2.1093 of the Commission's Rules. Emission Mask Many commenters suggest that the proposed emission mask requirement in Section 101.111(a)(5) is inappropriate for the 24 GHz band and request that we instead apply the emission mask set forth in Section 101.111(a)(2)(ii) of our Rules. One commenter notes that the proposed mask is too lax with regard to channel roll
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • No. 96-83, 13 FCC Rcd 23874, 23883-85, ��19-20 (1998) (OTARD Second Report and Order). We note that this holding is being appealed in the U.S. Court of Appeals in the D.C. Circuit. Id. See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R. �� 1.1307(b)(1), 1.1310. 47 C.F.R. �1.4000(b). See Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Service, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • any channel for which they are licensed, provided the operation does not require individual Commission review. The Commission also stated that all remote stations would be blanket licensed under the EA license. Under this proposal, EA licensees would still be required to individually license any master station that: (1) requires the submission of an Environmental Assessment under 47 C.F.R. � 1.1307; (2) requires international coordination; or (3) would affect the radio frequency quiet zones described in 47 C.F.R. �� 22.369 and 101.123. In addition, any MAS antenna structure that requires notification to the Federal Aviation Administration (FAA) has to be registered with the Commission prior to construction. The Commission indicated that it would be the EA licensee's responsibility to decide whether
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • BTAs. Sec. 101.1009 System operations. Attachment D A-16 (a) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows: (1) A station would be required to be individually licensed if: (i) International agreements require coordination; (ii) Submission of an Environmental Assessment is required under Sec. 1.1307 of this chapter. (iii) The station would affect the radio quiet zones under Sec. 101.123. (2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under Sec. 17.4 of this chapter. (b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/pnwl9106.pdf
  • text/plain Content-Transfer-Encoding: 8bit PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News media information 202/418-0500 1919 M STREET N.W. Fax-On-Demand 202/418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.govftp.fcc.gov ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-99-37 April 30, 1999 RE: APPLICATIONS ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the application(s) for antenna structure registration listed herein for environmental action, pursuant to 47 C.F.R � 1.1307 (a) are ACCEPTED for filing. No application listed herein will be granted earlier than 31 days after the date of this Public Notice so that the Bureau may undertake a review pursuant to 47. C.F.R � 17.4(c). Petitions to deny any of the listed application(s) may be filed no later than 30 days from the date of this Public Notice.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061020.html
  • RELEASES FUNDING YEAR 2007 ELIGIBLE SERVICES LIST FOR SCHOOLS AND LIBRARIES UNIVERSAL SERVICE MECHANISM. (Dkt No 02-6). (FCC No. 06-158). WCB [107]FCC-06-158A1.doc [108]FCC-06-158A2.doc [109]FCC-06-158A1.pdf [110]FCC-06-158A2.pdf [111]FCC-06-158A1.txt [112]FCC-06-158A2.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- PANHANDLE TELECOMMUNICATIONS SYSTEMS, INC. Notified Panhandle Telecommunications Systems, Inc. of its Apparent Liability for a Forfeiture in the amount of $5,600 for willful violations of 47 C.F.R. Sections 1.1307(a)(3) and 1.1307(a)(4). Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 10/19/2006 by NALF. (DA No. 06-2063). EB [113]DA-06-2063A1.doc [114]DA-06-2063A1.pdf [115]DA-06-2063A1.txt T-MOBILE NORTHEAST, L.L.C. Notified T-Mobile of its Apparent Liability for a forfeiture of $11,000 for constructing a facility before completing environmental review, in apparent willful violation of Section 1.1307(a)(4) of the Commission's Rules. Action by: Chief, Spectrum Enforcement Division,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100409.html
  • [10]DOC-297406A1.txt Report No: CWS-10-48 Released: 04/09/2010. ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION APPLICATIONS ACCEPTED FOR FILING. WTB [11]DOC-297407A1.pdf [12]DOC-297407A1.txt Report No: CWS-10-49 Released: 04/09/2010. ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION ENVIRONMENTAL ACTION. WTB [13]DOC-297408A1.pdf [14]DOC-297408A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TEXAS RSA 1 LIMITED PARTNERSHIP DBA XIT WIRELESS. Adopted a Consent Decree and terminated an investigation into whether XIT Wireless violated section 1.1307(a)(4) of the Rules with respect to the construction of certain wireless communications facilities in Texas. Action by: Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 04/09/2010 by Order/Consent Decree. (DA No. 10-143). EB [15]DA-10-143A1.doc [16]DA-10-143A1.pdf [17]DA-10-143A1.txt KATV, LLC. Issued $8,000 Forfeiture for violations by Station KATV(TV), Little Rock, Arkansas, of Section 73.670 of the Commission's Rules by failing to comply with
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100825.html
  • LOS ANGELES FORUM FOR ASIAN AMERICAN AND PACIFIC ISLANDER COMMUNITIES. Document will be translated into Chinese, Samoan, Tagalog, Korean, Thai and Vietnamese. Advisory. News Media Contact: Mark Wigfield at (202) 418-0253, email: Mark.Wigfield@fcc.gov WCB [85]DOC-301091A1.doc [86]DOC-301091A1.pdf [87]DOC-301091A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 08/24/2010. OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE ANSYS INC. REQUEST FOR WAIVER OF RULE SECTION 1.1307 (B)(2) TO BE A "PERMIT-BUT-DISCLOSE" PROCEEDING FOR EX PARTE PURPOSES AND REQUESTS COMMENTS. (DA No. 10-1600). (Dkt No 10-166 ). Comments Due: 09/23/2010. Reply Comments Due: 10/08/2010. OET . Contact: Robert Weller at (202) 418-7397 [88]DA-10-1600A1.doc [89]DA-10-1600A1.pdf [90]DA-10-1600A1.txt Released: 08/24/2010. COMMENT SOUGHT ON WHETHER STANDING ROCK TELECOMMUNICATIONS, INC. SHOULD BE DESIGNATED AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN PARTIAL RURAL WIRE CENTERS
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd110202.html
  • Apparent Liability for Forfeiture in the amount of $20,000 for providing incorrect material to the FCC without a reasonable basis for believing that the information was correct and accurate. By Order. Action by: Acting Chief, Spectrum Enforcement Division, Enforcement Bureau. Adopted: 02/01/2011 by NALF. (DA No. 11-184). EB [80]DA-11-184A1.doc [81]DA-11-184A1.pdf [82]DA-11-184A1.txt ANSYS INC. REQUEST FOR WAIVER OF 47 C.F.R. SECTIONS 1.1307(B) (2) OF COMMISSION RULES; DECLARATORY RULING CONCERNING SECTIONS 1.1307(B)(2) OF COMMISSION RULES. Granted a waiver to ANSYS Inc. of Sections 1.1307(b)(2) and 2.1093 of the Commission's Rules. (Dkt No. 10-166 ). Action by: Chief, Office of Engineering and Technology. Adopted: 02/01/2011 by ORDER. (DA No. 11-192). OET [83]DA-11-192A1.doc [84]DA-11-192A1.pdf [85]DA-11-192A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304384A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304384A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304384A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304372A1.pdf 5.
• http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
  • is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See 47 C.F.R. Section 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. New RF Exposure Requirements. In 1996, the Commission adopted new guidelines and procedures for evaluating environmental effects of RF emissions. All applications
• http://www.fcc.gov/Forms/Form301/301.pdf
  • that the human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations and modifications of existing stations must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are relatively self- explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. Worksheet #3 includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. These pages are designed to facilitate
• http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
  • human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). in this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. New RF Exposure Requirements. In 1996, the Commission adopted new guidelines and procedures for evaluating environmental effects of RF emissions. All applications
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). in this regard, applicants are required to look at eight environmental factors. These factors are relatively self- explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. Worksheet #1 includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. These pages are designed to facilitate
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • http://www.bcpiweb.com. Additional information may be obtained from the RF Safety Group at rfsafety@fcc.gov or (202) 418-2464 or from the FCC Call Center at 1-888-CALL-FCC (1-888-225- 5322). The RF worksheets and tables appended to Worksheet #1 below will enable certain categories of stations to determine whether or not the proposed facility will have a significant environmental impact as defined by Section 1.1307. Some, but not all, stations will be able to use the RF worksheets. Generally, the RF worksheets can only be used in the following situations: (1) single use tower; (2) single tower with several FM/FM translators; or (3) a multiple tower AM array with no other user co-located within the array. Additionally, the RF worksheets can be used in regard
• http://www.fcc.gov/Forms/Form312/312Fill.pdf
  • Points of Communication (satellites & countries) i -- authorization to change Points of Communication (satellites & countries) j -- authorization for facilities for which environmental assessment and radiation hazard reporting is required k -- Other (Please Specify) 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard Study must accompany all applications as an exhibit for new transmitting facilities, major modifications, or major amendments. Refer to OET Bulletin 65. FCC 312, Main Form - Page 2
• http://www.fcc.gov/Forms/Form318/318.pdf
  • environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain include either an environmental assessment that will serve as the basis for further Commission review and action, or a certification that operation of the station will not have a significant environmental impact. See Section 1.1307. In this regard, applicants are required to consider eight environmental factors. These factors are listed in the attached General Environmental Worksheet (Worksheet 2). Should the applicant be unable to conclude that its proposal will have no significant impact on the quality of the human environment, it must submit an Environmental Assessment containing the following information: (1) A description of the
• http://www.fcc.gov/Forms/Form327/327.pdf
  • and alterations to structures may require notification to the Federal Aviation Administration (FAA). (See 47 C.F. R. � 17.7.) If such a notification was made and the construction or alteration is proposed, attach as Exhibit C-3 a copy of such notification or FCC Form 854. If this application may have a significant environmental effect as defined in 47 C.F.R. � 1.1307, attach as Exhibit C4 an Environmental Assessment prescribed by 47 C.F. R. � 1.1311. FCC 327 Approved by OMB 3060-0055 Schedule C Instructions Structure Codes: Enter the code for the type of structure on which the antenna is or will be mounted from the following choices: Code Definitions Code Definitions B BANT BMAST BPIPE BPOLE BRIDG BTWR MAST NNTANN* NTOWER**
• http://www.fcc.gov/Forms/Form340/340.pdf
  • by the proposed facilities. You must state what steps will be taken to limit the RF radiation exposure to the public and to persons authorized access to the tower. (2) Place an (X) in the appropriate box to indicate whether a Commission grant of the proposed communication facility(ies) may have a significant environmental impact as defined by 47 C.F.R. Section 1.1307. Briefly, Commission grant of an application may have a significant environmental impact if any of the following is proposed: (a) A facility is to be located in sensitive areas (e.g., an officially designated wilderness area, a wildlife preserve area, a flood plain) or will physically or visually affect sites significant in American history. (b) A facility whose construction will involve
• http://www.fcc.gov/Forms/Form346/346.pdf
  • given consideration in all agency decision-making. Since 7 January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See 47 C.F.R. Section 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. New RF Exposure Requirements. In 1996, the Commission adopted new guidelines and procedures for evaluating environmental effects of RF emissions. All applications
• http://www.fcc.gov/Forms/Form349/349.pdf
  • human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are self- explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. Worksheet #2 includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. These pages are designed to facilitate and
• http://www.fcc.gov/Forms/Form601/601ps.pdf
  • the Commission, (2) is filing updated ownership data simultaneously with this application, or (3) is not required to file ownership data under the Commission's Rules. 6) The Applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set forth in 47 C.F.R. 1.1307(b); or, (2) have been found not to cause human exposure to levels of radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093; or, (3) are the subject of one or more Environmental Assessments filed with the Commission. 7) The Applicant certifies that it has reviewed the appropriate Commission Rules defining eligibility to hold the requested
• http://www.fcc.gov/Forms/Form854/854.pdf
  • is required. 5. The purpose code is AM, and the filing is being made to add an Environmental Assessment. In such instances, no new local notice is required. ITEM 48 - conclude that a Commission grant of this application will not have a significant environmental impact as defined by Title 47 of the Code of Federal Regulations, Chapter 1, Part 1.1307(a). Briefly, an applicant must submit an EA if any of the following are proposed: 1) A structure is to be located in a sensitive area (i.e., an officially designated wilderness area, a wildlife preserve area, a flood plain) or will physically or visually affect sites significant in American history. 2) Construction of a structure will involve significant change in surface
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-252523A1.html
  • act more than once or for more than one day.22 12. Section 1.1310 of the Rules requires licensees to comply with RFR exposure limits.23 Table 1 in Section 1.1310 of the Rules provides that the general population RFR maximum permissible exposure limit for a station operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2. Section 1.1307(b)(3) of the Rules states in part that ``when the guidelines specified in Section 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255966A1.html
  • Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). 247 U.S.C. 503(b). 3All broadcast licensees were required to come into compliance with RFR MPE limits as of September 1, 2000 or file an Environmental Assessment. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. 1.1307(b)(5). In addition, all broadcast licensees must demonstrate compliance with the RFR MPE limits, or file an Environmental Assessment and undergo environmental review by Commission staff, when filing for an initial construction permit, license, renewal or modification of an existing license. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. 1.1307(b).
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255967A1.html
  • by the RF contribution of other stations whose total RFR contributions exceed the MPE limits, may find itself in violation. Consequently, we require licensees to work together to ensure compliance. As Infinity contributed over 5% of the total RFR exceeding the general population and occupational MPE limits, it is equally responsible for bringing the area into compliance, according to Section 1.1307 of our Rules.15 Based on the evidence, we find that Infinity produced power density levels more than 5% of its general population and occupational limits and failed to bring the areas into compliance in apparent willful and repeated violation of Section 1.1310 of the Rules. 17. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-256582A1.html
  • adopted by the American National Standards Institute (``ANSI'') in Section 4.1 of ``IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,'' ANSI/IEEE C95.1-1992 (1992). 447 C.F.R. 1.1310, Note 1 to Table 1. 547 C.F.R. 1.1310, Note 2 to Table 1. 6See, for example, OET Bulletin 65. 7See 47 C.F.R. 1.1307(b), 1.1307(b)(1), 1.1310. 8 47 C.F.R. 1.1310. 9 Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. 1.1307(b). 10 Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. 1.1307(b)(5). See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-279189A1.html
  • FCC Rcd 13494 (1997) ("Guidelines"). 47 C.F.R. S: 73.1350(a). 47 C.F.R. S: 73.3527(a). 47 U.S.C. S: 503(b). All broadcast licensees were required to come into compliance with RFR MPE limits as of September 1, 2000 or file an Environmental Assessment. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). In addition, all broadcast licensees must demonstrate compliance with the RFR MPE limits, or file an Environmental Assessment and undergo environmental review by Commission staff, when filing for an initial construction permit, license, renewal or modification of an existing license. See Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. S:
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-283153A1.html
  • American National Standards Institute ("ANSI") in Section 4.1 of "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. S: 1.1310, Note 1 to Table 1. 47 C.F.R. S: 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65. See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1310. 47 C.F.R. S: 1.1310. Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. S: 1.1307(b). Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-287609A1.html
  • American National Standards Institute ("ANSI") in Section 4.1 of "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. S: 1.1310, Note 1 to Table 1. 47 C.F.R. S: 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65. See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1310. 47 C.F.R. S: 1.1310. Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. S: 1.1307(b). Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-287610A1.html
  • American National Standards Institute ("ANSI") in Section 4.1 of "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. S: 1.1310, Note 1 to Table 1. 47 C.F.R. S: 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65. See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1310. 47 C.F.R. S: 1.1310. Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. S: 1.1307(b). Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-302780A1.html
  • Bureau's Philadelphia Office and the FCC's Office of Engineering Technology inspected MetroPCS's transmitting facility located at 216-19th Avenue, Queens Village, New York, and observed the following violation: 47 C.F.R. S: 1.1310: "Radiofrequency radiation exposure limits. The criteria listed in table 1 shall be used to evaluate the environmental impact of human exposure to radiofrequency (RF) radiation as specified in S: 1.1307(b) . . . ." During the inspection, agents observed that station WQGA731 operated with a panel antenna located on the roof of the building located at 216-19 90th Avenue. The antenna faced and extended onto the roof of the adjoining building at 216-17 90th Avenue and the antenna was accessible at body height to individuals standing on the adjoining roof.
• http://www.fcc.gov/eb/Orders/2002/DA-02-3218A1.html
  • Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). 4 See 47 C.F.R. 1.1310, Table 1. 5 47 C.F.R. 1.1310, Note 1 to Table 1. 6 47 C.F.R. 1.1310, Note 2 to Table 1. 7 Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. 1.1307(b)(4). 8 Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. 1.1307(b)(5). See also Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public
• http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
  • with the RFR exposure limits. If, on the basis of its analysis, the applicant determines that the facility complies with the RFR exposure limits, the applicant certifies compliance as part of its application. If, on the other hand, the applicant determines that operation of the facility will not comply with the RFR exposure limits, the applicant is required under Section 1.1307(b) of the Rules either to prepare an Environmental Assessment and undergo environmental review by Commission staff or to amend its application so as to comply with the RFR limits.7 The Commission's Office of Engineering and Technology (``OET'') has prepared OET Bulletin 65, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' to provide assistance to applicants in
• http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • if any of its actions in response to this NAL or subsequent orders may have a significant effect on the environment. II. BACKGROUND 3. Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, (``NEPA''),4 licensees are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's Rules (``Rules'').5 The rules provide that licensees must prepare and submit to the Commission an EA for an action that may have a significant environmental effect.6 This includes actions for which no pre-construction authorization is otherwise required.7 In light of the Commission's obligations under the National Historic Preservation Act of 1966, as amended (``NHPA''),8 Section 1.1307(a)(4) of
• http://www.fcc.gov/eb/Orders/2003/FCC-03-258A1.html
  • RFR maximum permissible exposure limit for a station operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2 and the general population RFR maximum permissible exposure limit for a station operating in the frequency range of 300 MHz to 1500 MHz is f/1500 mW/cm2 or for station KWHY-TV which operates on 518 MHz, 0.345 mW/cm2. Section 1.1307(b)(3) of the Rules states in part that ``when the guidelines specified in Section 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power
• http://www.fcc.gov/eb/Orders/2003/FCC-03-332A1.html
  • `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act....'' and Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 18 See Section 1.1307(b) of the Rules. 19 The Media Bureau granted A-O's construction permit application on September 24, 1998 (File No. BPH-19971030MG). 20 The Media Bureau granted A-O's license for station KTMN on October 5, 2001 (File No. BLH- 20010924AAM). 21 See, e.g., Eure Family Limited Partnership, 17 FCC Rcd 21861, 21863-64 (2002) (internal quotation marks omitted) and cases cited therein. 22 See
• http://www.fcc.gov/eb/Orders/2004/DA-04-2473A1.html
  • 503(b)(2)(D). 9 47 C.F.R. 11.35(b). 10 See Response, at Exhibit 3: Declaration of Michael Schutta, General Manager. According to the Declaration of Michael Schutta, the EAS equipment was taken out of operation on October 27, 2002, and re-installed on December 4, 2002. 11 Id. at 2-3. 12 Id.at 2. 13 Pittman's statement concerning natural barriers goes to compliance with Section 1.1307 of the Rules which is not at issue here. See 47 C.F.R. 1.1307 (actions requiring environmental assessments). 14 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of
• http://www.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • transmitting equipment from an unauthorized location in Medora, North Dakota (``Medora tower'') in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``Act'').2 2. Under the Commission's environmental processing rules, licensees and applicants are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's rules.3 If proposed facilities may have significant environmental effects, the rules require licensees to prepare and file with the Commission Environmental Assessments (``EAs'')4 prior to construction.5 Consistent with the National Historic Preservation Act of 1966, as amended (``NHPA''),6 Section 1.1307(a)(4) of the Commission's rules requires licensees to prepare and to submit EAs to the Commission if their
• http://www.fcc.gov/eb/Orders/2004/FCC-04-281A1.html
  • consequently, that KKBT(FM) was not a contributor to the area of non-compliance.35 Finally, Radio One argues that even if the Commission did not err in its field measurements, Radio One's reliance on its field study was reasonable and was a good faith basis for Radio One's belief that KKBT(FM) was not required to undertake the obligations set forth in Section 1.1307(b)(3) concerning stations that exceed the 5% RFR MPE threshold.36 III. DISCUSSION 16. The proposed forfeiture amounts in this case were assessed in accordance with Section 503(b) of the Act,37 Section 1.80 of the Rules,38 and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture Guidelines (``Forfeiture Policy Statement'').39 In examining the Mt.
• http://www.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • Released Date: October 19, 2006 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION 1. By this Notice of Apparent Liability for Forfeiture ("NAL"), we find Panhandle Telecommunications, Inc. ("Panhandle") apparently liable for a forfeiture in the amount of five thousand six hundred dollars ($5,600) for constructing a facility before completing environmental review, in apparent willful violation of Sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules ("Rules"). II. BACKGROUND 2. Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, ("NEPA"), licensees, permittees and applicants (collectively, "licensees") are required to assess proposed facilities to determine whether the facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules. For actions that may have
• http://www.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • By the Chief, Spectrum Enforcement Division, Enforcement Bureau: I. INTRODUCTION 1. By this Notice of Apparent Liability for Forfeiture ("NAL"), we find T-Mobile Northeast, L.L.C. ("T-Mobile"), a wholly-owned subsidiary of T-Mobile USA, Inc., apparently liable for a forfeiture in the amount of eleven thousand dollars ($11,000) for constructing a facility before completing environmental review, in apparent willful violation of Section 1.1307(a)(4) of the Commission's Rules ("Rules"). II. BACKGROUND 2. Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, ("NEPA"), licensees, permittees and applicants (collectively, "licensees") are required to assess proposed facilities to determine whether the facilities may significantly affect the environment, as defined in Section 1.1307 of the Rules. For actions that may have significant environmental
• http://www.fcc.gov/eb/Orders/2006/FCC-06-173A1.html
  • 1500 MHz is f/1500 mW/cm^2 which for station KWHY-TV operating on 512 - 518 MHz is 0.345 mW/cm^2. 47 C.F.R. S 1.1310, Note 1 to Table 1. 47 C.F.R. S 1.1310, Note 2 to Table 1. See, for example, OET Bulletin 65: "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields" (August 1997). See 47 C.F.R. SS 1.1307(b), 1.1307(b)(1), 1.1310. RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13520-21; 47 C.F.R. S 1.1307(b)(3). RF Second Memorandum Opinion and Order, 12 FCC Rcd at 13524; 47 C.F.R. S 1.1307(b)(3). Power density is equal to the square of the electric field strength divided by the characteristic impedance of free space (377 ohms). Similarly, power density is equal to
• http://www.fcc.gov/eb/Orders/2007/DA-07-5051A1.html
  • the stations are at reduced power or shut down." WVEA-LP 2004 Modification Application, RFR Exhibit at 4. Another station's transmitter was found to produce power density levels that exceeded 5% of the power density exposure limit applicable to its particular transmitter. This station is also responsible for ensuring the penthouse rooftop's compliance with the RFR limits. See 47 C.F.R. S: 1.1307(b)(3). Such information allows workers who are fully aware of the potential for their exposure to make informed decisions and exercise control over their exposures. See 47 C.F.R. S: 1.1310, Note 1 to Table 1. See also OET Bulletin 65 at 55 - 59. Entravision requested an extension to submit its response to the NAL, which was granted by the Region.
• http://www.fcc.gov/eb/Orders/2007/DA-07-549A1.html
  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to "...all facilities, operations and transmitters regulated by the Commission." Section 1.1307(b)(3) of the Rules states that "when the guidelines specified in S 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
• http://www.fcc.gov/eb/Orders/2007/DA-07-550A1.html
  • and general population MPE limits for electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The MPE limits specified in Table 1 of Section 1.1310 are used to evaluate the environmental impact of human exposure to RFR and apply to "...all facilities, operations and transmitters regulated by the Commission." Section 1.1307(b)(3) of the Rules states that "when the guidelines specified in S 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure
• http://www.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • No. 200732100014 ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau ("Bureau") and United States Cellular Corporation ("US Cellular"). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules ("Rules") with respect to its construction of a wireless base station near Fries, Virginia. 2. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before
• http://www.fcc.gov/eb/Orders/2008/DA-08-1886A1.html
  • ) FRN No. 0007911100 ) ORDER Adopted: August 11, 2008 Released: August 13, 2008 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Vangard Wireless, LP ("Vangard"). The Consent Decree terminates an investigation by the Bureau against Vangard for possible violation of section 1.1307(a)(4) of the Commission's Rules ("Rules") regarding the construction of a wireless communications facility in Roswell, New Mexico. 2. The Bureau and Vangard have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts
• http://www.fcc.gov/eb/Orders/2008/DA-08-2042A1.html
  • in this case does not raise safety concerns because the source-based time-averaged RF output power is below the threshold level required for SAR testing per OET equipment authorization policies, and as a general matter, part 15 spread spectrum devices are categorically excluded from routine environmental evaluation for RF exposure prior to equipment authorization or use. See 47 C.F.R. S: S: 1.1307(b)(1), 2.1093(c), and 15.247(i). 47 C.F.R. S: 15.247(b)(4). As explained by CoachComm, the peak output powers of the initial and substitute RF modules are 69 mW and 60 mW, respectively. Because the directional corner reflector antenna has a gain of 9 dBi, however, the one watt power limit must be derated to reflect the coverage of a 6 dBi antenna. Both
• http://www.fcc.gov/eb/Orders/2008/DA-08-561A1.html
  • No. 200832100022 Caprock Cellular Limited Partnership ) FRN: 0001665900 ) ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Caprock Cellular Limited Partnership ("Caprock"). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules ("Rules"). 2. The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of
• http://www.fcc.gov/eb/Orders/2008/DA-08-954A1.html
  • Westchester Services LLC ) FRN No.: 0014015226 ) ORDER Adopted: April 24, 2008 Released: April 28, 2008 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Westchester Services LLC ("Westchester"). The Consent Decree terminates an investigation by the Bureau against Westchester for possible violations of sections 1.1307(a)(3) and 1.1307(a)(4) of the Commission's Rules ("Rules") with respect to Westchester's construction of three wireless communications facilities in Bismark, Newman, and Oblong, Illinois. 2. The Bureau and Westchester have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the
• http://www.fcc.gov/eb/Orders/2009/DA-09-36A1.html
  • Inc. ) FRN No. 0004677209 ) ORDER Adopted: January 15, 2009 Released: January 15, 2009 By the Assistant Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and T-Mobile USA, Inc. ("T-Mobile"). The Consent Decree is for the purpose of terminating the Bureau's investigation into whether T-Mobile violated section 1.1307(a)(4) of the Commission's Rules ("Rules") with respect to the construction of a wireless communications facilities in Philadelphia, Pennsylvania, and Chimayo, New Mexico. 2. The Bureau and T-Mobile have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent
• http://www.fcc.gov/eb/Orders/2009/FCC-09-27A1.html
  • since 1996, a regulated party acting in good faith would be able to identify, with ascertainable certainty, the standards with which the Commission expects parties to conform in order to comply with the RFR rules. We further find that licensees and applicants must comply with the MPE limits for RFR found in Section 1.1310 of the rules; and that Section 1.1307(b)(3) of the rules places an affirmative duty on all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure limit applicable to their particular transmitter, to ensure compliance with the Section 1.1310 limits at the relevant sites. 16. Infinity raises three primary arguments in its Application for Review. First, Infinity
• http://www.fcc.gov/eb/Orders/2010/DA-10-143A1.html
  • ORDER Adopted: April 9, 2010 Released: April 9, 2010 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Texas RSA 1 Limited Partnership dba XIT Wireless ("XIT"). The Consent Decree terminates an investigation by the Bureau against XIT for possible violation of section 1.1307(a)(4) of the Commission's Rules ("Rules") regarding the construction of certain wireless communications facilities in Texas. 2. The Bureau and XIT have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us,
• http://www.fcc.gov/eb/Orders/2011/DA-11-1586A1.html
  • AirFire Mobile ) FRN: 0002701688 ) ) ORDER Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Airadigm Communications, Inc. dba AirFire Mobile ("Airadigm"). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms
• http://www.fcc.gov/eb/Orders/2011/DA-11-816A1.html
  • developed by the Institute of Electrical and Electronics Engineers, Inc. ("IEEE") and adopted by the American National Standards Institute ("ANSI") in section 4.1 of "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," ANSI/IEEE C95.1-1992 (1992). 47 C.F.R. S: 1.1310, Table 1 and Note 2. See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1307(b)(5); Guidelines, Second Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd at 13538, 13540. See also, Public Notice, Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions (released Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice, 15 FCC Rcd 13600 (released April 27, 2000); Public Notice,
• http://www.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • 201232100026 ) ) FRN: 0013457312 ORDER Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms
• http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
  • WPMH-547, East Brunswick, NJ. New York, NY District Office (9/20/00). Ms. Barbara Merrille, d/b/a Metrocall USA, Inc., WMPC-977, Brick, NJ. New York, NY District Office (9/20/00). 47 C.F.R. � 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. � 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. � 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. �1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations
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  • C.F.R. � 1.903 - Authorization Required Chicago Equipment Company Inc, Carol Stream, IL. Chicago, IL District Office (5/4/01). City Services Cab, Inc., d.b.a.: Yellow Cab, Atlantic City, NJ. Other violation: 47 C.F.R. �� 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. � 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. �� 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 -
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  • permit (FCC Form 301), specifying the new facility at its currently authorized site, (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620 of the Rules, (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules. 7. Pursuant to Sections 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a change in community of license for an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rulemaking fee when filing its application to implement the change in community of license
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  • � 800.5 The Report at 12-13. Id. At 6-7. Application of Scana Communications, Inc., 16 FCC Rcd. 9990, 9995 � 11 (2001). See also 36 C.F.R. � 800.5 (d)(1) and 36 C.F.R. � 800.5(d)(2) (mitigation required with respect to adverse effect findings only). See 47 C.F.R. �� 1.1306(a) (actions that do not have a potential significant environmental effect under Section 1.1307 are categorically excluded from environmental processing), 1.1307(a) (a licensee or applicant is required to submit an Environmental Assessment when construction ``may significantly affect the environment''); see also Fact Sheet Regarding the March 16, 2001 Antenna Collocation Programmatic Agreement, 17 FCC Rcd. 508, 519-520 (Mass Media Bur. and Wireless Tel. Bur. 2002) (an Environmental Assessment is not required when a SHPO
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  • contain any specific factual allegations regarding how the three modification application fail to meet NEPA requirements. See Area Christian Television, Inc., 60 RR 2d 862, 864 (1986). Second, with respect to CARE's argument regarding RFR exposure, we have evaluated each of the subject proposals and find that each complies with the Commission's current RFR exposure rules. See 47 C.F.R. �� 1.1307(b), 1.1311. Finally, with respect to CARE's NHPA-based objection regarding the effects of the towers on the historic Lariat Trail and the National Register-listed Buffalo Bill's Grave and Museum and the Pahaska Teepee, we believe that the instant proposals do implicate the NHPA. We are unaware of any current authority supporting the contention that the replacement of an existing structure is
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit N � Report No. MB/AD-06-01 July 20, 2006 DA 06-1471 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � (R) � � � � Report No. MB/AD-06-02 July 20, 2006 DA 06-1472 RE: ENVIRONMENTAL ASSESSMENT ACCEPTED FOR FILING ENVIRONMENTAL ACTION After preliminary review, the Environmental Assessment listed herein, filed pursuant to 47 C.F.R. � 1.1307(a), IS ACCEPTED FOR FILING. The Environmental Assessment referenced herein will undergo no further review and evaluation for at least 30 days from the date of the public notice to provide an opportunity for public comment. Accordingly, objections to or comments on the Environmental Assessment may be filed within 30 days from the date of this Public Notice. . Call Sign/City/State
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  • 47 C.F.R. � 73.2080. See File No. B396 - 20030929ANZ. OET Bulletin 65, Edition 97-01, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' at p. 12. ``Opposition to Petition to Deny,'' Exhibit A (``RF Field Study for Tower Top Investments, Inc., Crown Mountain, St. Thomas Tower Facility - August 13, 2003''). Id. See 47 C.F.R. �� 1.1307(b) and 1.1310. See 47 U.S.C. � 309(k). Federal Communications Commission Washington, D.C. 20554 July 31, 2006 DA 06-1551 In Reply Refer to: 1800B3-RDH Released: July 31, 2006 � � `������ �e d��; s�(c)W'�*�������u���``uD�A�:q[ 7|x_ �P���n��''��"�O� �2���Ȉ+�"�< nL�8�P����:�w n``��?��9�q;z %�7�J�...���"{�(R)�����⢣ >�у r3�c��F� �r�"WV�S�...�z�L"0�ځ����d̓�v[�E� �zn����� ){I��.N�,���� D�B�� �)���-q)�<���(� U<5� Ό2ʍ ax-��4�o2�� �s)Ӈ\��� �k � ;�4� � A� X�I�5�'6'� �``� � ޥ!- �Hy``��Aqu�"m��ƚ}-c�?*�|��<�
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  • new facts which otherwise would warrant reconsideration. Initially, we believe that the staff was procedurally correct in finding, based upon the SHPO's determination of ``no adverse effect,'' that no further environmental processing of the WTHZ(FM) proposal was warranted. It was common staff practice at the time the Staff Decision was issued not to require an Environmental Assessment pursuant to Section 1.1307 when a SHPO issues a ``no adverse effect determination.'' More significantly, though, we find no procedural or substantive error in the SHPO's issuance of a ``no adverse effect'' determination. The Petitions essentially contain three objections: 1) that the North Carolina SHPO's process for considering the commenter concerns was inadequate or flawed and therefore prevented the views of certain objectors from
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  • by the SHPO. This report should be submitted to the SHPO prior to commencement of any construction activity at that site. Upon receipt of the report, the SHPO may restart the Section 106 Review process for that project under the NPA. Failure to Complete the Section 106 Process Prior to Commencement of Construction at the Main Facility Site. Under Section 1.1307(a)(4) of the Rules, parties constructing communication facilities are required to evaluate, before construction, whether the proposed facilities may affect districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture that are listed or eligible for listing in the National Register of Historic Places. Pursuant to the rules of the Advisory Council on Historic Preservation and
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  • did not match the application filed with the Commission. One objection, subsequently withdrawn, expressed concern about the proximity of the proposed KRKO(AM) towers to the Harvey Airfield a private, ``FAA-designated general aviation reliever airport.'' Because the Application proposed to construct the KRKO(AM) towers in a flood plain, the Staff requested S-R to submit an environmental assessment (``EA'') pursuant to Section 1.1307(a)(6) of the Commission's Rules (the ``Rules''). The EA was to contain the information specified in Section 1.1311 of the Rules, and it was to address each of the factors set forth in Section 1.1307 of the rules to support the Licensee's contention that the project is categorically excluded from environmental processing. S-R submitted the EA, prepared by LSI Adapt, Inc.,
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  • to that community. Our analysis corroborates these claims. Thus, there is a sufficient local service floor, notwithstanding removal of the WBIS signal, to warrant grant of the application. Environmental Assessment Because the Station's proposed daytime antenna location is in a 100-year flood plain and in an area that has been delineated a wetland, Potomac submitted an EA required by Section 1.1307 of the Rules on July 28, 2008. Public Notice of the EA was issued on August 26, 2008. The Commission received no comments in response to the Notice. Upon examination of the EA, we find that the information supplied satisfies the requirements specified in Section 1.1311 of the Rules. Accordingly, pursuant to Section 1.1308 of the Rules, we find that
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  • 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 with no significant sources of rf radiation and does not fall into any of the categories listed in Sections 1.1307(a)(1) through 1.1307(a)(3), and Sections 1.1307(a)(5) through 1.1307(a)(7) of the Commission's Rules; the proposed operation will not involve utilization of high intensity white lights described in Section 1.1307(a)(8) of the Rules. With respect to conformity with the requirements of Section 1.1307(a)(4) of the Rules, the tower structure will not be located in a recreational area frequented by the public. The proposed
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  • Report and Order, 21 FCC Rcd 14212, 14220 (2006); CMP-Houston KC, LLC, Memorandum Opinion and Order, 23 FCC Rcd 10656, 10660 n.31 (2008), citing Cloud Nine Broadcasting, Inc., Letter, 10 FCC Rcd 11555, 11556 (1995). Filed on Mar. 10, 2009. The Lay/Moore Objection noted that it ``has the same concerns'' as Matthews and agrees with her comments. 47 C.F.R. �� 1.1307(b), 1.1310, 2.1091, and 2.1093. Third Matthews Objection at 2; 42 U.S.C. �� 4321 et. seq. (1976). Second Matthews Objection at 2. Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (Jan. 6, 2009) (``First Congressional''); Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (May 12,
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  • permits (FCC Form 301) specifying the new facilities; (b) Upon grant of the construction permits and commencement of operations, program tests may be conducted in accordance with Section 73.1620 of the Commission's rules; (c) Nothing contained herein shall be construed to authorize a change in transmitter site or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's rules, unless the proposed facilities are categorically excluded from environmental processing. 16. IT IS FURTHER ORDERED, that the Petition for Reconsideration filed by East Kentucky Broadcasting Corporation IS GRANTED. 17. IT IS FURTHER ORDERED, that the Petition for Rule Making, RM-10984, filed by East Kentucky Broadcasting Corporation IS REINSTATED AND GRANTED. 18. The Commission will send a
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  • \par \tab Because the Application proposes to construct two additional towers in a flood plain, on September 18, 2008, CAAM submitted an environmental assessment (\'93EA\'94).}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs23\fs22\super {\*\bkmkstart _Ref257806841} \chftn {\footnote \ltrpar \pard\plain \ltrpar\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1307(a)(6). The proposed antennas pre viously were reviewed under the Washington State Environmental Protection Act (\'93SEPA\'94) at the same time as the existing towers and equipment building. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See S-R Broadcasting}{\rtlch\fcs1 \af0 \ltrch\fcs0 , 23 FCC Rcd at 8576, n.7 (explaining the SEPA review process in detail). The SEPA review is final. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i {\*\xmlopen\xmlns2{\factoidname place}}{\*\xmlopen\xmlns2{\factoidname
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  • FCC Rcd at 17540. Petition at Appendix C. Petition at 5. We observe that in its modification application to move to the Stocker site, Royce certified compliance with our environmental rules, yet such site would have required an environmental assessment if the facilities might have an effect on a threatened or endangered species and/or critical habitat. See 47 C.F.R. � 1.1307. We also note that the alleged environmental matters would not qualify for tolling under 47 C.F.R. Section 73.3598 because such matters were not before any court of competent jurisdiction. Section 319(b) states that construction permits ``shall show specifically the earliest and latest dates between which the actual operation of such station is expected to begin, and shall provide that said
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  • entirely avoid, an adverse effect, the Commission remains obligated as the responsible Federal agency under the NHPA to review and proceed with a Memorandum of Agreement (MOA). The FCC will invite the affected Tribes to be consulting and signing parties for any such MOA. A Resolution Plan does not supersede, or in any way alter, the Applicant's responsibilities under Section 1.1307(a)(4) of the Commission's environmental rules. If the Applicant chooses to abandon the tower site in favor of an alternate tower site, it should discuss and identify alternative project sites that will be acceptable to the Tribe. H. Written Request for Review Follow-up Contacts and Consultation. The Tribe should respond to an Applicant's Written Request for Review within thirty (30) calendar
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  • 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 rarely will jeopardize the station's overall compliance with RF standards. On this basis, we conclude that the Commission is not required to prepare an EIS and
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  • Assessment (``EA'') if any of its actions in response to this NAL or subsequent orders may have a significant effect on the environment. BACKGROUND Under the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, (``NEPA''), licensees are required to assess proposed facilities to determine whether the facilities may significantly affect the environment as defined in Section 1.1307 of the Commission's Rules (``Rules''). The rules provide that licensees must prepare and submit to the Commission an EA for an action that may have a significant environmental effect. This includes actions for which no pre-construction authorization is otherwise required. In light of the Commission's obligations under the National Historic Preservation Act of 1966, as amended (``NHPA''), Section 1.1307(a)(4) of
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  • Act of 1966 (``NHPA''), as well as a related revision of the Commission's Rules. In November 2001, representatives of the Commission, Council and Conference, American Indian tribes, the communications industry, and historic preservation consultants, as part of a working group sponsored by the Council, began drafting a proposed Nationwide Agreement. Consistent with Section 800.14(b) of the Council's rules and Section 1.1307(a)(4) of the Commission's rules, the draft Nationwide Agreement is intended to tailor the Section 106 review in the communications context so as to improve compliance and streamline the review process for construction of towers and other Commission Undertakings. At the same time, the parties intend to advance and preserve the goal of the NHPA to protect historic properties, including historic
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  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
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  • provisions for emergency situations; inadvertent or post-review discovery of adverse effects on historic properties; construction prior to completion of the Section 106 process; public comments; and amendment or termination of the Agreement. Finally, the Nationwide Agreement proposes to prescribe two standardized forms for making submissions to the SHPO or THPO. The Commission further proposes to amend the Note to Section 1.1307(a)(4) in order to make clear that the procedures in the Nationwide Agreement will be binding on applicants, and that non-compliance with these procedures would subject a party to potential enforcement action by the Commission. Specifically, the Note to Section 1.1307(a)(4) would be amended to specify that in order to ascertain whether a proposed action may affect properties that are listed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit APPENDIX C PROPOSED RULES Subpart I of Part 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: In �1.1307, revise the Note following paragraph (a)(4) to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4)* * *: NOTE: The National Register is updated and re-published in the FEDERAL REGISTER each year in February. To ascertain whether a proposed action may affect properties that are
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  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
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  • Rules The Commission has implemented Subpart I of NEPA in Part 1, Subpart I of its rules. Under these rules, any Commission action deemed to have a significant effect upon the quality of the human environment requires the preparation of an Environmental Impact Statement (EIS). Any action deemed potentially to have a significant environmental effect under categories specified in Section 1.1307(a)(1)-(8) and (b) of the rules requires the preparation of an Environmental Assessment (EA). In addition, the Commission will require the preparation of an EA if it is determined that a particular action, which is otherwise categorically excluded under the rules, may have a significant environmental impact. Actions that are deemed individually and cumulatively to have no significant effect on the
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  • eligible properties for purposes of the Nationwide Agreement, (3) Standards governing the conduct of archeological surveys, (4) A definition of visual adverse effects, and (5) Standards for the use of qualified experts; Establish procedures for SHPO/THPO and Commission review; Adopt FCC Forms 620 and 621 for use in submitting Section 106 reviews to SHPOs/THPOs; and Amend the language of Section 1.1307(a)(4) to incorporate the Nationwide Agreement into the Commission's rules. II. BACKGROUND Section 106 of the NHPA requires that a federal agency ``prior to the approval of the expenditure of any Federal funds on an undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site,
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  • rules (See 47 C.F.R. �� 1.1301-1.1319). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 C.F.R. � 1.1307(a)(4)). This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. DEFINITIONS The following terms are used in this Nationwide Agreement as defined below: 1. Antenna. An apparatus designed for the purpose of emitting radio frequency (``RF'') radiation, to be operated or operating from a fixed
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  • Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 C.F.R. � 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (``National Register''); and, WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. �� 470 et seq.) (``the Act'') requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council
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  • Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA. A. Need for, and Objectives of, Adopted Rules Under Commission rules implementing the National Environmental Policy Act of 1969, as amended (``NEPA''), licensees and other entities that build towers and other communications facilities (``Applicants'') are required to assess such proposed facilities to determine whether they may significantly affect the environment under Section 1.1307 of the Commission's rules. For example, under Section 1.1307(a)(4) of the Commission's rules, those Applicants currently are obliged to use the detailed procedures specified in the rules of the Advisory Council on Historic Preservation (``Council'') (36 C.F.R. � 800.1 et seq.) to determine whether their proposed facilities may affect districts, sites, buildings, structures, or objects significant in American history, architecture,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit  " " " APPENDIX D FINAL RULES Section 1.1307(a)(4) of the Commission's rules, 47 C.F.R. � 1.1307(a)(4), is amended to read as follows: �1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a)* * * (4) Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible
• http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.pdf
  • C. The Avatar Report and Comments 22 D. Studies at Michigan Public Safety Communications System (MPSCS) Towers 30 III. DiScussion 32 A. Legal Framework 33 B. Possible Need for Commission Action 36 C. Possible Commission Actions 38 1. Lighting requirements 38 2. Use of Guy Wires 48 3. Tower Height 56 4. Tower Location 59 5. Collocation 60 6. Section 1.1307 61 7. Other Possible Actions. 65 IV. PROCEDURAL MATTERS 66 A. Ex Parte Rules - Permit-But-Disclose Proceeding 66 B. Initial Regulatory Flexibility Act Analysis 67 C. Initial Paperwork Reduction Act of 1995 Analysis 68 D. Comment Period and Procedures 69 E. Further Information 70 V. Ordering Clauses 71 APPENDIX A - Initial Regulatory Flexibility Analysis APPENDIX B - List of
• http://www.fcc.gov/fcc-bin/audio/FCC-08-144A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-144A1.pdf
  • Mark Moceri, Technical Consultant at para. 8 (February Substantive Petition, Appendix C). As of February 2002, Royce and Stocker had not yet completed an environmental study which must accompany a local zoning application. See February Substantive Petition at 13. Royce's application to the Commission certified compliance with the Commission's environmental rules. See File No. BMP-20001020AAT, Question III(A)(11); 47 C.F.R. � 1.1307(a)(3). See February Substantive Petition at 13 and Appendix C. See Declaration of Mark Moceri, Technical Consultant (Attached to May 24, 2002 Letter from Andrew S. Kersting to Marlene H. Dortch). See Declarations of Edward Stolz, Royce's Proprietor, and Mark Moceri, Technical Consultant (Attached to May 24, 2002 Letter from Andrew S. Kersting to Marlene H. Dortch). Royce filed that application
• http://www.fcc.gov/fcc-bin/audio/mb_siting.html
  • quickly where the towers will be situated and to obtain the necessary approvals. As noted above, in many cases the construction of new towers will not be necessary. Nationwide Programmatic Agreement On March 7, 2005, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission went into effect, amending Section 1.1307(a)(4) of the Commission's rules, 47 CFR Section 1.1307(a)(4). Extensive information about the Nationwide Programmatic Agreement, including information about Form 620 (for new towers) and Form 621 (collocation on an existing tower) available on the FCC's website at [61]http://wireless.fcc.gov/siting/npa.html. The Wireless Telecommunications Bureas has created a [62]Learning Interactive Unit to assist all interested parties with the Nationwide Programmatic Agreement. The LPU
• http://www.fcc.gov/fcc-bin/audio/mb_siting_headlines.html
  • quickly where the towers will be situated and to obtain the necessary approvals. As noted above, in many cases the construction of new towers will not be necessary. Nationwide Programmatic Agreement On March 7, 2005, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission went into effect, amending Section 1.1307(a)(4) of the Commission's rules, 47 CFR Section 1.1307(a)(4). Extensive information about the Nationwide Programmatic Agreement, including information about Form 620 (for new towers) and Form 621 (collocation on an existing tower) available on the FCC's website at [61]http://wireless.fcc.gov/siting/npa.html. The Wireless Telecommunications Bureas has created a [62]Learning Interactive Unit to assist all interested parties with the Nationwide Programmatic Agreement. The LPU
• http://www.fcc.gov/fcc-bin/audio/siting-environment.html
  • a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC rules implementing NEPA are found at [38]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for review. The Commission solicits public comment on the EAs and assists its licensees in working with the appropriate local, state, and federal agencies to reach
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • population_match_ind It will operate at post-transition facilities that match or reduce by no more than five char(1) percent with respect to predicted population from those defined in the new DTV Table Appendix B. rad_astr_ind Radio Astronomy Notifications met Indicator char(1) rel_field_values_na Indicates whether or not there is any Relative Fields values char(1) rule_1_1307_ind No significant health hazard as specified in 1.1307 Indicator char(1) rule_73_1660_ind Transmitter complies with 73.1660 (yes/no) char(1) rule_73_1690c_3_ind Rule 73.1690(c)(3) Apply Indicator, Pattern of Directional Antenna char(1) rule_73_607_ind Facility satisfy Rule 73.607 for Allotment (yes/no) char(1) rule_73_610_ind Indicates whether the proposed facility will satisfy the requirements of rule 73.610. char(1) rule_73_614_ind Facility complies with Rule 73.614 for ERP, and HAAT (yes/no) char(1) rule_73_62_ind ERP and Haat for this
• http://www.fcc.gov/ib/sand/neg/hf_web/appinfo.html
  • 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 Guide. Additionally,
• http://www.fcc.gov/mb/audio/decdoc/mb_siting.html
  • quickly where the towers will be situated and to obtain the necessary approvals. As noted above, in many cases the construction of new towers will not be necessary. Nationwide Programmatic Agreement On March 7, 2005, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission went into effect, amending Section 1.1307(a)(4) of the Commission's rules, 47 CFR Section 1.1307(a)(4). Extensive information about the Nationwide Programmatic Agreement, including information about Form 620 (for new towers) and Form 621 (collocation on an existing tower) available on the FCC's website at [61]http://wireless.fcc.gov/siting/npa.html. The Wireless Telecommunications Bureas has created a [62]Learning Interactive Unit to assist all interested parties with the Nationwide Programmatic Agreement. The LPU
• http://www.fcc.gov/mb/audio/includes/501-mb_siting.htm
  • quickly where the towers will be situated and to obtain the necessary approvals. As noted above, in many cases the construction of new towers will not be necessary. Nationwide Programmatic Agreement On March 7, 2005, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission went into effect, amending Section 1.1307(a)(4) of the Commission's rules, 47 CFR Section 1.1307(a)(4). Extensive information about the Nationwide Programmatic Agreement, including information about Form 620 (for new towers) and Form 621 (collocation on an existing tower) available on the FCC's website at [30]http://wireless.fcc.gov/siting/npa.html. The Wireless Telecommunications Bureas has created a [31]Learning Interactive Unit to assist all interested parties with the Nationwide Programmatic Agreement. The LPU
• http://www.fcc.gov/mb/engineering/coals_order03-55.pdf
  • CARS pickup station; � Any change in frequency assignment including polarization; � Any increase in authorized operating power; � Any substantial change in ownership or control; � Any addition or change in frequency, excluding removing a frequency; � Any modification or amendment requiring an environmental assessment (as governed by 47 C.F.R. �� 1.1301 � 1319, including historic preservation under � 1.1307(a)(4) and 16 U.S.C. � 470 (National Historic Preservation Act)); � Any request requiring frequency coordination; or � Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 C.F.R. Part 17, Subpart B. MINOR Minor changes will include: � Any name change not involving change in ownership or control of the license; � Any change to
• http://www.fcc.gov/mb/engineering/part78.pdf
  • 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=89769c06679a5b34a150ce4987153f04&rg... (5) Any change in frequency assignment, including polarization; (6) Any increase in authorized operating power; (7) Any substantial change in ownership or control; (8) Any addition or change in frequency, excluding removing a frequency; (9) Any modification or amendment requiring an environmental assessment (as governed by ��1.1301 through 1319 of this chapter, including changes affecting historic preservation under �1.1307(a)(4) of this chapter and 16 U.S.C. 470 (National Historic Preservation Act)); (10) Any request requiring frequency coordination; or (11) Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 CFR 17, subpart B. (c) Minor changes may be made at the discretion of the licensee, provided proper notice is given to the Commission within 30
• http://www.fcc.gov/oet/rfsafety/Welcome.html
  • operating at frequencies of 300 kHz to 100 GHz. In addition, the Commission adopted the specific absorption rate (SAR) limits for devices operating within close proximity to the body as specified within the ANSI/IEEE C95.1-1992 guidelines. (See [40]Report and Order, FCC 96-326) The Commission's requirements are detailed in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093]. The potential hazards associated with RF electromagnetic fields are discussed in [41]OET Bulletin No. 56, "Questions and Answers About the Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields." [42]More Info.... Frequently Asked Questions (FAQ) Human Exposure to RF * [43]Radiofrequency Energy FAQs This section contains answers to the most frequently asked questions received by the Commission
• http://www.fcc.gov/oet/rfsafety/background.html
  • transmitters operating at frequencies of 300 kHz to 100 GHz. In addition, the Commission adopted the specific absorption rate (SAR) limits for devices operating within close proximity to the body as specified within the ANSI/IEEE C95.1-1992 guidelines.(See [24]Report and Order, FCC 96-326) The Commission's requirements are detailed in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093]. Certain applicants are required to routinely perform an environmental evaluation with respect to determining compliance with the Commission's exposure limits. In the event that an applicant determines the site is not within compliance, the submission of an Environmental Analysis is required. The SAR limits for portable and mobile devices became effective August 7, 1996. The Commission's limits
• http://www.fcc.gov/oet/rfsafety/rf-faqs.html
  • and facilities are normally "categorically excluded" from the requirement of routine evaluation for RF exposure. These exclusions are based on calculations and measurement data indicating that such transmitting stations or devices are unlikely to cause exposures in excess of the guidelines under normal conditions of use. The FCC's policies on RF exposure and categorical exclusion can be found in Section 1.1307(b) of the FCC's Rules and Regulations [47 CFR 1.1307(b)]. It should be emphasized, however, that these exclusions are not exclusions from compliance, but, rather, only exclusions from routine evaluation. Transmitters or facilities that are otherwise categorically excluded from evaluation may be required, on a case-by-case basis, to demonstrate compliance when evidence of potential non-compliance of the transmitter or facility is
• http://www.fcc.gov/ogc/documents/opinions/2000/97-4328.doc http://www.fcc.gov/ogc/documents/opinions/2000/97-4328.html
  • of the low probability of excluded facilities violating MPE levels, it was reasonable to conclude that there was no need for increased compliance monitoring devices such as a central database. Moreover, the licensees are still responsible for compliance, and an interested person can petition the FCC for review of a site believed to violate the MPE levels. See 47 C.F.R. 1.1307(c). III. The NEPA Claims Both the National Environmental Policy Act ("NEPA"), 42 U.S.C. 4321 et seq., and regulations promulgated thereunder by the Council on Environmental Quality ("CEQ"), generally require agencies subject to NEPA that are about to commit resources in a federally significant action, including rulemaking, to consider the environmental effects of their actions by preparing either an Environmental Impact
• http://www.fcc.gov/ogc/documents/opinions/2000/97-9141.doc http://www.fcc.gov/ogc/documents/opinions/2000/97-9141.html
  • of the Telecommunications Act amends the Communications Act by providing for federal preemption of state and local regulation of personal wireless service facilities on the basis of RF environmental effects. The Telecommunications Act also provides for resolution of conflicts related to the regulation of RF emissions by the courts or by petition to the Commission. Accordingly, we are amending � 1.1307 of our rules to incorporate the provisions of Section 704 of the Telecommunications Act. Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, 58 Fed. Reg. 19,393 (1993) (codified at 47 C.F.R. pt. 1, 2, 15, 24, 97) (adopted Aug. 5, 1996) (footnotes omitted). The Homeowners misunderstand the meaning of "health and safety" in this context. This term is used
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1060-022404.pdf
  • the NEPA regulations, licensees planning to build facilities for which no separate pre-construction authorization was required from the FCC were charged with ``initially ascertain[ing] whether the pro- posed facility may have a significant environmental impact.'' 47 C.F.R. � 1.1312(a) (1995). A significant environmental impact was defined to include an effect on a site listed in the National Register. Id. � 1.1307(a)(4). If such an effect was possible, the license applicant was required to prepare an environmental assessment and file it with the FCC for a determination of whether the proposed facility would in fact have that effect. Id. �� 1.1308(a)�(b), 1.1312(b). If the FCC 1 Respondents Cingular Wireless LLC and Crown Castle Inter- national Corporation argue that the construction of the
• http://www.fcc.gov/ogc/documents/opinions/2004/03-1336-120704.pdf
  • 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 the
• http://www.fcc.gov/pshs/docs-best/imel-wireless03.pdf
  • by filing FCC Form 854 either electronically or via paper. The registered tower is given a number and inventoried by the FCC. The criteria for FCC registration are identical to those of the FAA above. Radio Frequency Electromagnetic Radiation Exposure All licenses and renewals filed after September 1, 2000, require that the applicant certify that the environmental regulations of Section 1.1307(b)(1) of the FCC Rules concerning RF exposure will be (or are being) met. The hazardous radiation calculations especially for multiple transmitters at a site can be complex and may require the services of a Registered Professional Engineer who practices in this area to perform the calculations. (Note: The methodology for making calculations is outlined in the FCC Office of Engineering
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SAT-AMD-20031219-00362.pdf
  • o -- Other (Please specify) 6 ENVIRONMENTAL POLICY ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SAT-ASG-20031219-00361.pdf
  • all that apply.) Not Applicable 5 ENVIRONMENTAL POLICY ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-AMD-20031223-01873.pdf
  • o -- Other (Please specify) 6 ENVIRONMENTAL POLICY ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031213-01871.pdf
  • all that apply.) Not Applicable 5 ENVIRONMENTAL POLICY ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031223-01870.pdf
  • all that apply.) Not Applicable 5 ENVIRONMENTAL POLICY ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031223-01872.pdf
  • all that apply.) Not Applicable 5 ENVIRONMENTAL POLICY ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes