FCC Web Documents citing 1.1308

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

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  • 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 conclude
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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 with
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  • 2. 47 C.F.R. � 1.1307. Id. � 1.1312(a) (``In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in � 1.1307 of this part.''). Id. � 1.1311. See id. �� 1.1308, 1.1312(b). Id. � 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See File No. A0698790 (filed
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  • which Undertakings covered by the draft Nationwide Agreement may occur is attached as Attachment 2 to Appendix A. See Draft Nationwide Agreement Section III. See In the Matter of Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078, 4080 (2000). See 16 U.S.C. � 470a(d); 36 C.F.R. � 800.2(c)(2); 47 C.F.R. � 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. � 1.1307(a)(4) Note. Id. � 1.1307(a)(4); see also 47 C.F.R. �� 1.1308, 1.1311. Id.. �� 1.1200-1.1216. See Id.
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  • 1.1312(a). If the proposed facility may have a significant environmental impact, appropriate environmental processing shall be completed prior to construction. See id. � 1.1312(b). If the proposed facility is categorically excluded under the Commission's environmental rules, construction and operation of the facility may proceed in accordance with the applicable licensing rules and procedures. Id. � 1.1312(c). See 47 C.F.R. � 1.1308. The Commission's rules provide that if an EA is required to be prepared, it ``shall deal specifically with any feature of the site which has special environmental significance (e.g., . . . natural migration paths for birds and other wildlife . . . ).'' 47 C.F.R. � 1.1311(b). In adopting its initial comprehensive environmental rules in 1974, which have since
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  • the Bureau determines that the action may have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d), the Bureau shall, on its own motion, require the preparation of an EA, if the Bureau determines that the proposal may have a significant environmental impact. 47 C.F.R. � 1.1307(a)(3). See id. � (a)(3); 47 C.F.R. � 1.1308 note; Letter from Susan H. Steiman, Associate General Counsel to Steve Williams, Director, U.S. Fish and Wildlife Service, U.S. Department of Interior, dated July 9, 2003. See State of Ohio Department of Administrative Services - Application for Antenna Structure Registration - Deersville, OH, Memorandum Opinion and Order, 19 FCC Rcd 18149, 18150-53 �� 6-14 (WTB/SCPD 2004) (reviewing whether a tower
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  • 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 applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas
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  • 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 applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas
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  • and power limitations contained in Sections 25.132, 25.209, 25.211, and 25.212 of the Commission's rules; (3) the station has been successfully coordinated with terrestrial operations; (4) 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
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  • the foregoing, we grant the SCANA application, subject to the condition described below, and deny the Tennant Petition and informal objections. V. Conclusion 33. We conclude from the entire administrative record in this matter that the construction and operation of the facilities proposed by SCANA and discussed herein 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 SCANA to construct a tower to be used to provide wireless facilities to persons and businesses in the Georgetown, South Carolina area would serve the public interest, convenience, and necessity. Accordingly, we grant the SCANA application,
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  • deny the Application on June 18, 2001, followed by a supplementary filing on July 2, 2001. Preservation Howard County likewise filed an objection on July 3, 2001. Maryland DBM filed a brief opposition on July 13, 2001, arguing that the record is sufficient to address all issues raised by the petitioners. Neither petitioner filed a reply. III. DISCUSSION 12. Section 1.1308 of the Commission's rules requires applicants to prepare an environmental assessment (``EA'') for actions that may pose a significant environmental impact. The Bureau or Commission conducts an independent review of the EA to determine whether the proposed construction would have a significant impact on the human environment. In performing this independent review, we consider the entire record, including all petitions
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  • 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 applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas
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  • finding, a Memorandum of Agreement (``MOA'') is typically signed by the applicant, the relevant SHPO (and/or the ACHP), and the FCC. See 36 C.F.R. � 800.6(b)(1),(2). The MOA is then submitted to the Commission with an Environmental Assessment (``EA''), which upon approval by the Commission results in the issuance of a Finding of No Significant Impact (``FONSI''). See 47 C.F.R. �1.1308. Suitable methods for determining the age of a building include, but are not limited to: (1) obtaining the opinion of a consultant who meets the Secretary of Interior's Professional Qualifications Standards (36 CFR Part 61); or (2) consulting public records. The National Register is the Nation's official list of cultural resources officially deemed worthy of preservation. See the National Park
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  • the Petitioners have not demonstrated standing to file their Petitions because the Petitions are speculative and do not show how the construction of these towers would affect the interests of any identified person. The Licensing and Technical Analysis Branch will evaluate the pending EAs and either grant or deny the applications or request supplemental information as set forth in Section 1.1308(b) of the Commission's rules. V. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and section 1.1313 of the Commission's Rules, 47 C.F.R. � 1.1313, the 29 Objections/Petitions to Deny, jointly filed by the Friends of Earth and the Forest Conservation Council against 29 Applications for Antenna Structure
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  • Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. CTIA Comments at 9-15; RCA Reply Comments at 4. See also Texas RSA 15B2 et al. Ex Parte Comments at 2-5 (supporting CTIA's proposal to streamline the NEPA compliance procedures). We note that Texas RSA 15B2 et al. did not file comments until November 27, 2002, after the comment period had
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  • Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. CTIA Comments at 9-15; RCA Reply Comments at 4. See also Texas RSA 15B2 et al. Ex Parte Comments at 2-5 (supporting CTIA's proposal to streamline the NEPA compliance procedures). We note that Texas RSA 15B2 et al. did not file comments until November 27, 2002, after the comment period had
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  • 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 that the proposed tower will have no significant impact on historic properties, and therefore the grant of the Application and
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  • Chief, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau: IntroductioN In this Order, we grant an Application for Wireless Radio Station Authorization (``Application'') filed on May 20, 2003, by VoiceStream PCS II License Corporation (``VoiceStream'' or ``T-Mobile'') for a proposed 145-foot monopole communications tower, FCC File No. 0001315120. VoiceStream filed an Environmental Assessment (``EA'') with the application, pursuant to Sections 1.1308 and 1.1311 of the Commission's rules. On June 19, 2003, Mr. Larry Kane, on behalf of himself, certain residents of North Ridgeville, Ohio, certain members of the North Ridgeville Historical Society and certain members of the Audubon Society of Greater Cleveland (collectively ``Petitioners''), filed a Petition to Deny, contending that the EA is insufficient to establish that the proposed tower
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  • the facility falls within any of the eight categories specified in the Commission's rules that may significantly affect the environment. One of these categories is ``[f]acilities 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.'' Section 1.1308 of the Commission's rules requires applicants to prepare an EA for actions that may have a significant environmental impact under any of these categories. The Bureau or Commission conducts an independent review of the EA to determine whether the proposed construction would have a significant impact on the human environment. In performing this independent review, we consider the entire record,
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  • 17.4, that the Application for Antenna Structure Registration (FCC Form 854), filed by the State of Ohio Department of Administrative Services, IS GRANTED. 18. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.3, 1508.9 and 1508.13, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. 19. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(i) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R.�� 1501.4(i) and 1506.6, and Section 1.1308 of the 48 See
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  • Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. See 47 C.F.R. � 1.1301 (stating that provisions of Part 1, Subpart I of the Commission's rules implement Subchapter I of NEPA). 47 C.F.R. � 1.1307(a). Section 11 of the Communications Act instructs the Commission to review ``all regulations issued under this Act . . .'' 47 U.S.C. � 161 (emphasis
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  • 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 Division International Bureau Amendment of the Commission's Regulatory Policies to Allow Non-U.S.-Licensed Space
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit k DA 06-1618 ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-06-61 August 11, 2006 ENVIRONMENTAL ACTION The Wireless Telecommunications Bureau (Bureau) determined, based on an independent review of Environmental Assessment filed by the applicant, listed herein, that the proposed tower will not have any significant impact upon the environment. See 47.C.F.R. � 1.1308(d). Accordingly, the application listed herein for major environmental action is GRANTED. Applicant File Number Coordinates Date Rec'd. Telcom Rentals, Inc. A0267094 30-07-55.8N May 22, 2002 93-15-56.2W The Bureau DISMISSES as MOOT the petition to deny (petition), filed by Forest Conservation Council/American Bird Conservancy (Forest/ABC) on June 19, 2002 against the above-referenced application. Forest/ABC voluntarily withdrew the petition on August 2,
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  • certified mail return receipt requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. �� 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. �� 4321-4335. 47 C.F.R. � 1.1307. See 47 C.F.R. � 1.1311. See 47 C.F.R. � 1.1308. 47 C.F.R. � 1.1312. 16 USC �� 1531 et seq. See 47 C.F.R. � 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing
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  • be sent by first class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. � 1.1307(a)(4). 42 U.S.C. �� 4321-4335. 47 C.F.R. � 1.1307. See 47 C.F.R. � 1.1311. See 47 C.F.R. � 1.1308. 47 C.F.R. � 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) (``Collocation Agreement''). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, WT Docket No.
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  • 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 construction of the tower would be inconsistent with the Commission's environmental rules implementing the National Environmental Policy Act of 1969 (NEPA) and
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  • 800.9(a), (b), or (c). Letter to Scott Miller from Kurt Schuster, Staff Archaeologist, and Robert L. Brooks, State Archaeologist (Feb. 28, 2007). There has been no construction activity at the site of the Auxiliary Facility. Letter to Cary S. Tepper, Esq. from Chief, Audio Division, Media Bureau, Reference 1800B3 (Apr. 20, 2007) (``April 20 Inquiry Letter''). See 47 C.F.R. � 1.1308(d). 47 C.F.R. � 1.1307(a)(4). See Memorandum from John Fowler, Advisory Council on Historic Preservation, to Federal Communications Commission, State Historic Preservation Officers, and Tribal Historic Preservation Officers (Sep. 21, 2000), regarding delegation of authority for the Section 106 Review of Telecommunications Projects. See Letter to Lee W. Shubert, Esq. and David J. Kaufman, Esq., 20 FCC Rcd 12348 (MB July
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  • Fed Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. � 4321 note (wetlands). 40 C.F.R. �� 1500-1508. 47 C.F.R. � 1.1307(a)(8). 47 C.F.R. � 1.1307(b). 47 C.F.R. � 1.1307(a). 47 C.F.R. � 1.1306. See 47 C.F.R. �� 1.1308, 1.1311. 47 C.F.R. � 1.1313. 47 C.F.R. �� 1.1314-1.1319. Navajo Nation comments at 6. Id. See 47 C.F.R. � 1.1301 (stating that provisions of Part 1, Subpart I of the Commission's rules implement Subchapter I of NEPA). 47 C.F.R. � 1.1307(a). Section 11 of the Communications Act instructs the Commission to review ``all regulations issued under this Act . .
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  • 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 conclude
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  • tower foundation supports, temporary roads, ``batter boards,'' ``rebar,'' and empty conduit constitute preliminary activities having no intrinsic radio communication use related to the proposed facility, and thus are not premature or unauthorized construction activities. Conclusion/Actions. Upon examination of the EA, we find that the information supplied satisfies the requirements specified in Section 1.1311 of the Rules. Additionally, pursuant to Section 1.1308 of the Rules, we find that the KRKO(AM) tower array will have no significant environmental impact on the quality of the human environment, and no further environmental processing is warranted. Moreover, we have examined the captioned application and find that it complies with all pertinent statutory and regulatory requirements. Accordingly, in light of the findings made above, IT IS ORDERED,
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  • 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 the Station's proposed daytime antenna system will have no significant environmental impact on the quality of the human environment, and no further environmental processing is warranted. Birach Informal Objection Birach asserts that Potomac and its principals, James Weitzman and Edwin Tornberg, have ``developed an unhealthy obsession with competition'' and have engaged in tactics meant
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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 with
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  • substantially complete, contains internal inconsistencies, or does not substantially comply with the Commission's rules. The MSS application has the following deficiencies, which renders the application unacceptable and subject to dismissal: MSS did not submit the required Schedule B (see Section 25.130(a) of the Commission's rules, 47 C.F.R. � 25.130(a)); MSS did not submit the required radiation hazard report (see Section 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1311, and Main Form 312, item 28). 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 the application as defective without prejudice to re-filing. Sincerely, Paul E. Blais
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  • is not substantiallycomplete, contains internal inconsistencies, or does not substantiallycomply with the Commission's rules. The MSS application has the following deficiencies, which renders the application unacceptable and subject to dismissal: 1. MSS did not submit the required Schedule B (seeSection 25.130(a) of the Commission's rules, 47 C.F.R. � 25.130(a)); 2. MSS did not submit the required radiation hazard report (seeSection 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1311, and Main Form 312, item 28). 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 the application as defective without prejudice to re-filing.1 Sincerely, Paul E. Blais
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  • See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1311. }}}{\rtlch\fcs1 \af0 \ltrch\fcs0 and undergo environmental review and any mandatory consultation with expert agencies, prior to initiating construction.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s21\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 1.1308.}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs26\cf1 The Commission conducts an independent review of the EA to determine whether the proposed construction would have a significant impact on the human environment. }{\rtlch\fcs1 \af0 \ltrch\fcs0 If the Commission finds, after reviewing the EA and any comments received, that a proposed facility will not have a significant environmental effect, it will issue a
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  • Bureau shall notify the applicant whether an EA is required under � 1.1307(c) or (d) of this chapter. In a case where an EA is submitted, the Bureau shall either grant a Finding of No Significant Impact (FONSI) or notify the applicant that the proposal may have a significant environmental impact and further environmental processing is required pursuant to � 1.1308 of this chapter. Upon filing the completed antenna structure registration application, the applicant shall certify that the construction will not have a significant environmental impact, unless an Environmental Impact Statement is prepared pursuant to � 1.1314 of this chapter. (9) Transition rule. An antenna structure registration application that is pending with the Commission as of [INSERT EFFECTIVE DATE OF RULE]
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  • Bureau shall notify the applicant whether an EA is required under � 1.1307(c) or (d) of this chapter. In a case where an EA is submitted, the Bureau shall either grant a Finding of No Significant Impact (FONSI) or notify the applicant that the proposal may have a significant environmental impact and further environmental processing is required pursuant to � 1.1308 of this chapter. Upon filing the completed antenna structure registration application, the applicant shall certify that the construction will not have a significant environmental impact, unless an Environmental Impact Statement is prepared pursuant to � 1.1314 of this chapter. (9) Transition rule. An antenna structure registration application that is pending with the Commission as of [INSERT EFFECTIVE DATE OF RULE]
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  • 2. 47 C.F.R. � 1.1307. Id. � 1.1312(a) (``In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in � 1.1307 of this part.''). Id. � 1.1311. See id. �� 1.1308, 1.1312(b). Id. � 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See File No. A0698790 (filed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit @ݘ NA STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-00-48 June 2, 2000 ENVIRONMENTAL ACTION The Wireless Telecommunications Bureau determined, based on a independent review of the Environmental Assessments filed by the applicants, listed herein, that the proposed tower will not have any significant impact upon the environment. See 47 C.F. R. � 1.1308(d). Accordingly, the application(s) listed herein for major environmental actions are GRANTED. Applicant File Number Coordinates Date Rec' Towers of Texas, Inc. A0121869 26-6-1.6/98-8-25.8 4/17/00 Spectrasite Communications A0121873 29-36-7.0/95-16-1.0 4/17/00 -FCC- +D:� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D
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  • B to Part 1 of this Chapter, and the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission, Appendix C to Part 1 of this Chapter. FEDERAL COMMUNICATIONS COMMISSION Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 1.1307(a)(4). Id.; see also 47 C.F.R. �� 1.1308, 1.1311. Federal Communications Commission DA 03-2116 Federal Communications Commission DA 03-2116 ( ) < < < �
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  • facility." 47 C.F.R. � 1.1312(b) (emphasis added); see NPA Order, 20 F.C.C.R. at 1083 n.52. The environmental assessment "is a document [that] explain[s] the environmental consequences of the proposal and set[s] forth sufficient analysis for . . . the Commission to reach 18 a determination that the proposal will or will not have a significant environmental effect." 47 C.F.R. � 1.1308(b). Where a proposal, such as a proposed wireless communications tower, has a "significant environmental effect," id., the FCC is required by NEPA to consult with expert Federal agencies and, following such consultation, to prepare a detailed environmental impact statement ("EIS"). See 42 U.S.C. � 4332(2)(c); 47 C.F.R. �� 1.1308, 1.1315, 1.1317. By requiring a ruling on each environmental assessment prior
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  • file a petition "setting forth in detail the reasons justifying or circumstances necessitating 9 environmental considerations in the decision-making process." Id. � 1.1307(c). If the Commission determines that the proposed action "may have a significant environmental impact," then it will require the applicant for a tower license to prepare an EA, id., and also may obtain additional information, id. � 1.1308(b). Upon analysis of the EA, the Commission must do one of two things: (1) if the Commission determines that the proposed action "would not have a significant impact, it will make a finding of no significant impact" ("FONSI"), id. � 1.1308(d); (2) if the EA indicates that the proposed action "will have a significant effect upon the environment," the Commission
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  • propose to operate in an area that requires frequency coordination with Canada or Mexico? ( ) Yes No 48) 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. 49a) If the site is located in one of the Quiet Zones listed in Item 49b of the Instructions, provide the date (mm/dd/yyyy) that the proper Quiet Zone entity was notified: _____/_____/_____ 49b) Has the Applicant obtained prior written consent from the proper Quiet Zone entity for the same technical parameters that are specified in this application? (
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-12-05 October 26, 2011 ENVIRONMENTAL ACTION The Wireless Telecommunications Bureau determined, based on an independent review of the Environmental Assessments filed by the applicants, listed herein, that the proposed tower will not have any significant impact upon the environment. See 47 C.F. R. � 1.1308(d). Applicant File Number Coordinates Date Rec'd Verizon Wireless Telecom Inc. A0735934 36-26-13.2/095-42-44.9 9/01/11 -FCC- PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • at 8. The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 USC � 4321-4347. 16 USC � 1531-1543. Id. � 470. Id. � 1131-1136. Id. � 470aa. Id. � 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. � 1501-1508. 47 C.F.R. � 1.1307(a)(8). Id. � 1.1307(b). Id. � 1.1307(a). Id. � 1.1306. Id. �� 1.1308, 1.1311. Id. � 1.1313. Id. � 1.1314-1.1319. Wireless Telecommunications Bureau Seeks Comment on a Draft Programmatic Agreement with Respect to Co-locating Wireless Antennas on Existing Structures, DA 00-2907 (rel. Dec. 26, 2000 (Co-location PN). Memorandum from John M. Fowler, Executive Director, ACHP, to FCC, SHPOs, and THPOs, dated Sept. 21, 2000. Sprint Comments at 9. Alloy Comments at 9; Verizon
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  • licenses to transmit including renewals of licenses to transmit, equipment authorization or modification in existing facilities require the preparation of an EA if the facility, operation or transmitter would cause human exposure to levels of radio frequency radiation in excess of the limits in 47 C.F.R. �� 1.1310 and 2.1093. 47 C.F.R. �� 1.1307(a)-(b), 1.1310, 2.1093. 47 C.F.R. �� 1.1307(a)-(b), 1.1308, 1.1311. See 47 C.F.R. �� 1.1308(a) and 1.1311(a); 40 C.F.R. � 1506.5(b). 47 C.F.R. �� 1.1308(c), 1.1314-1.1319. See Petition for Rulemaking at 6. PEER proposes that the Commission adopt the following definitions: a ``private utility'' would be any facility element of a networked system required to store, supply or generate the commodity moved over the network or used to transmit
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  • (``STA''), or proposing a remedial plan would not bring Western into compliance and would not insulate Western from further enforcement action for operation prior to receipt of authorization. Finally, should Western plan any changes to its facilities or service in the Medora area in response to this NAL or subsequent Commission orders, we remind Western of its obligation under Section 1.1308(a) of the Rules to file an EA if any of those changes may significantly affect the environment under Section 1.1307(a) of the Rules. CONCLUSION Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, Western Wireless Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two
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  • which Undertakings covered by the draft Nationwide Agreement may occur is attached as Attachment 2 to Appendix A. See Draft Nationwide Agreement Section III. See In the Matter of Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078, 4080 (2000). See 16 U.S.C. � 470a(d); 36 C.F.R. � 800.2(c)(2); 47 C.F.R. � 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. � 1.1307(a)(4) Note. Id. � 1.1307(a)(4); see also 47 C.F.R. �� 1.1308, 1.1311. Id.. �� 1.1200-1.1216. See Id.
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  • which Undertakings covered by the draft Nationwide Agreement may occur is attached as Attachment 2 to Appendix A. See Draft Nationwide Agreement Section III. See In the Matter of Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078, 4080 (2000). See 16 U.S.C. � 470a(d); 36 C.F.R. � 800.2(c)(2); 47 C.F.R. � 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. � 1.1307(a)(4) Note. Id. � 1.1307(a)(4); see also 47 C.F.R. �� 1.1308, 1.1311. Id.. �� 1.1200-1.1216. See Id.
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  • 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 should be required only if construction and operation of the facility would have a significant environmental effect.''). 47 C.F.R. � 1.1301 et seq. 47 C.F.R. � 1.1303. See,
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  • 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 should be required only if construction and operation of the facility would have a significant environmental effect.''). 47 C.F.R. � 1.1301 et seq. 47 C.F.R. � 1.1303. See,
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  • 1.1312(a). If the proposed facility may have a significant environmental impact, appropriate environmental processing shall be completed prior to construction. See id. � 1.1312(b). If the proposed facility is categorically excluded under the Commission's environmental rules, construction and operation of the facility may proceed in accordance with the applicable licensing rules and procedures. Id. � 1.1312(c). See 47 C.F.R. � 1.1308. The Commission's rules provide that if an EA is required to be prepared, it ``shall deal specifically with any feature of the site which has special environmental significance (e.g., . . . natural migration paths for birds and other wildlife . . . ).'' 47 C.F.R. � 1.1311(b). In adopting its initial comprehensive environmental rules in 1974, which have since
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  • C.F.R. �� 800.3-800.13. The Subpart B rules set forth specific procedures for initiating the Section 106 process, identifying historic properties, assessing adverse effects on historic properties, and resolving adverse effects. Id., � 800.14(b). Section 800.14(b)(2)(i) sets forth the consultation requirements in developing programmatic agreements for agency programs. Id., � 800.14(b)(2)(iii). Id., � 800.2(c)(4). 47 C.F.R. � 1.1307(a)(4). Id., �� 1.1307(a), 1.1308(b) Note. See 5 U.S.C. � 553; 47 C.F.R. � 1.411. AWS Comments at 2; Crown Comments at 2; PCIA Comments at 7-8; WCA Comments at 1-2; SBC Reply Comments at 1-2. Maryland SHPO Comments at 1-2; National Trust Comments at 1. PCIA Comments at 8; Western/T-Mobile Comments at 3. Verizon Comments at 3; Western/T-Mobile Comments at 3; AWS et al.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1_Erratum.doc
  • C.F.R. �� 800.3-800.13. The Subpart B rules set forth specific procedures for initiating the Section 106 process, identifying historic properties, assessing adverse effects on historic properties, and resolving adverse effects. Id., � 800.14(b). Section 800.14(b)(2)(i) sets forth the consultation requirements in developing programmatic agreements for agency programs. Id., � 800.14(b)(2)(iii). Id., � 800.2(c)(4). 47 C.F.R. � 1.1307(a)(4). Id., �� 1.1307(a), 1.1308(b) Note. See 5 U.S.C. � 553; 47 C.F.R. � 1.411. AWS Comments at 2; Crown Comments at 2; PCIA Comments at 7-8; WCA Comments at 1-2; SBC Reply Comments at 1-2. Maryland SHPO Comments at 1-2; National Trust Comments at 1. PCIA Comments at 8; Western/T-Mobile Comments at 3. Verizon Comments at 3; Western/T-Mobile Comments at 3; AWS et al.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-270A1.txt
  • these mandatory steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations. Western Wireless Corporation and WWC Holding Co., Inc., 18 FCC Rcd 10319 (2003). 47 U.S.C. � 301. 47 C.F.R. � 1.1307. See 47 C.F.R. �� 1.1308 and 1.1311. See 47 C.F.R. � 1.1312; see also 47 C.F.R. � 22.165(c). 16 U.S.C. �� 470-470w. In particular, Section 106 of the NHPA requires Federal agencies, such as the Commission ``prior to the issuance of any license ... [to] take into account the effect of the undertaking on any district, site, building, structure or object that [qualifies as a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-164A1.txt
  • the Bureau determines that the action may have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d), the Bureau shall, on its own motion, require the preparation of an EA, if the Bureau determines that the proposal may have a significant environmental impact. 47 C.F.R. � 1.1307(a)(3). See id. � (a)(3); 47 C.F.R. � 1.1308 note; Letter from Susan H. Steiman, Associate General Counsel to Steve Williams, Director, U.S. Fish and Wildlife Service, U.S. Department of Interior, dated July 9, 2003. See State of Ohio Department of Administrative Services - Application for Antenna Structure Registration - Deersville, OH, Memorandum Opinion and Order, 19 FCC Rcd 18149, 18150-53 �� 6-14 (WTB/SCPD 2004) (reviewing whether a tower
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-110A1.txt
  • 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 Report and Order, 20 FCC Rcd at 1074-75, �1. 36 C.F.R. � 800.14(b). 36 C.F.R. � 800.14(b)(2)(iii). 47 C.F.R. � 1.1307(a)(4) and Part I, Appendix C. NPA Section XII. TSPA Petition at 5-11. See also Reply to the USET Opposition, filed by the Tower Siting Policy Alliance, dated April 4, 2005,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-110A1_Rcd.pdf
  • 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 NPA Report and Order, 20 FCC Rcd at 1074-75, �1. 936 C.F.R. � 800.14(b). 1036 C.F.R. � 800.14(b)(2)(iii). 1147 C.F.R. � 1.1307(a)(4) and Part I, Appendix C. 12NPA Section XII. 14842 Federal Communications Commission FCC 09-110 the TSPA contends that: (1) the NPA provisions mandating archeological field surveys for most undertakings
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  • filed by the Fries Friends for Intelligent Tower Siting IS DISMISSED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. Sections 1501.3, 1508.9 and 1508.13, Section 106 of the National Historic Preservation Act, 16 U.S.C. � 470f, and Sections 1.1308 and 1.1312 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Commission finds the tower constructed by United States Cellular Corporation in Fries, Virginia, has no significant impact on the environment. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(e)(1) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.4(e)(1) and 1506.6, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-53A1_Rcd.pdf
  • response, USCC contends the FFFITS petition should be dismissed for failure to meet procedural requirements ofSection 1.939 of the Commission's rules.44Specifically, USCC argues, the petition does not offer substantial evidence, supported by affidavit, that FFFITS is an interested party in 36 Id. at 3, �13. 37Id. at 3, �14. 38 SeeConsent Orderat 1, �3. 39 See47 C.F.R. �� 1.929(a)(4), 1.1307(a)(4), 1.1308(a), 1.1312(a), 22.165(c). Previously, on February 23, 2007 the Wireless Telecommunications Bureau had granted USCC Special Temporary Authority (STA) to operate from the site pending the completion of environmental review, in order to prevent the loss of service due to other technical changes in USCC's system. The STA was extended August 9, 2007, and January 25, 2008. 40 SeePublic Notice, Report
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  • by the antenna structure owner, the Commission may require each licensee and permittee authorized on an antenna structure to maintain the structure, for an indefinite period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of this part.'' 47 C.F.R. � 17.6(b). 47 U.S.C. � 303(q). 47 C.F.R. �� 1.907, 17.2(a). See 47 C.F.R. �� 1.1307, 1.1308. 47 C.F.R. � 17.4(g). PCIA Petition for Rulemaking at 14. PCIA Petition for Rulemaking at 4, citing ; Cingular Rulemaking Comments at 3. PCIA Petition for Rulemaking at 15. Sprint Nextel Rulemaking Comments at 1-2; Crown Castle Rulemaking Comments at 5; NAB Rulemaking Comments at 3; Cingular Rulemaking Comments at 3. For example, if a member of the general public
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  • � 40. See also 47 C.F.R. �� 1.1301-1319. 2007 Notice, 22 FCC Rcd at 22137-38 � 42. See supra, Section IV.B.1. See 47 C.F.R. Section 25.134(d) (VSAT license applicants must filed applications on Form 312, which includes Question 28, requiring the submission of a radiation hazard study). See infra, Appendix B, at Section 25.263(c)(2). See, e.g., 47 C.F.R. �� 1.1307, 1.1308. 2007 Notice, 22 FCC Rcd at 22138 � 43. See 47 C.F.R. � 1.1307(b). 2007 Notice, 22 FCC Rcd at 22136-22137 �� 37-39, citing Agreement Concerning the Coordination Between U.S. Satellite Digital Audio Radio Service and Canadian Fixed Service and Mobile Aeronautical Telemetry Service in the Band 2320-2345 MHz (Aug. 25, 1998) (``U.S.-Canada Agreement''); Agreement Between the Government of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-82A1_Rcd.pdf
  • contemplate the use of SDARS repeaters as part of the U.S.-licensed SDARS systems and establish maximum PFD levels for U.S. SDARS repeater 689See 47 C.F.R. Section 25.134(d) (VSAT license applicants must filed applications on Form 312, which includes Question 28, requiring the submission of a radiation hazard study). 690See infra, AppendixB, at Section 25.263(c)(2). 691See, e.g., 47 C.F.R. �� 1.1307, 1.1308. 6922007 Notice, 22 FCC Rcd at 22138� 43. 693See47 C.F.R. � 1.1307(b). 6942007 Notice, 22 FCC Rcd at 22136-22137 �� 37-39, citing Agreement Concerning the Coordination Between U.S. Satellite Digital Audio Radio Service and Canadian Fixed Service and Mobile Aeronautical Telemetry Service in the Band 2320-2345 MHz (Aug. 25, 1998) ("U.S.-Canada Agreement"); Agreement Between the Government of the United States
• 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
  • amended by revising Note 2 to read as follows: � 1.1306 Actions which are categorically excluded from environmental processing. ***** Note 2: The specific height of an antenna tower or supporting structure, as well as the specific diameter of a satellite earth station, in and of itself, will not be deemed sufficient to warrant environmental processing, see �� 1.1307 and 1.1308, except as required by the Bureau pursuant to the Note to � 1.1307(d). Section 1.1307 is amended by adding a note to paragraph (d) that reads as follows: � 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. ***** (d) ***** Note to paragraph (d). Pending a final determination as to what,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • (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 CEQ's regulations, an environmental assessment
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • other hand, the applicant determines that operation of the facility or device will not comply with the RF guidelines, the applicant is required to prepare an Environmental Assessment, and undergo environmental review by Commission staff unless the applicant amends its application so as to comply with the Commission's adopted RF guidelines. See 47 C.F.R. �� 1.1311; see also 47 C.F.R. ��1.1308, 1.1309, 1.1314-1.1317. 15. If no pre-construction Commission authorization is required (as is the case for PCS and cellular licenses, for example, where the Commission authorizes blanket licenses that are not site-specific), Section 1.1312 of the Commission's environmental processing rules requires that the licensee conduct the appropriate calculations and determine whether the 1 National Environmental Policy Act of 1969, 42 U.S.C.
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  • (If required) 5) Would a Commission grant of Authorization for any locations won in an auction be an action ( )Yes No which may have a significant environmental effect as defined by Section 1.1307 of 47 CFR? If `Yes', complete Items 6 through 10 for each affected location and also submit an environmental 47 CFR, Sections assessment, as required by 1.1308 and 1.1311. 6) 7) 8) 9) 10) NAD83 Latitude NAD83 Longitude (DD-MM-SS-D) (DDD-MM-SS-D) City County State Certifications For Applicants Claiming Eligibility as an Entrepreneur Under the General Rule Applicant certifies that they are eligible to obtain the licenses for which they apply. For Applicants Claiming Eligibility as a Publicly Traded Corporation Applicant certifies that they are eligible to obtain the
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • 11476 (1999). The Commission's environmental rules are codified at 47 C.F.R. �� 1.1301-1.1319. 42 USC � 4321-4347. 16 USC � 1531-1543. Id. � 470. Id. � 1131-1136. Id. � 470aa. Id. � 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. � 1501-1508. 47 C.F.R. � 1.1307(a)(8). Id. � 1.1307(b). Id. � 1.1307(a). Id. � 1.1306. Id. �� 1.1308, 1.1311. Id. � 1.1313. Id. � 1.1314-1.1319. Pub. Law No. 104-104, 104 Stat. 56, 149-151 (amending 47 U.S.C. � 224). See 1977 Senate Report, S. Rep. No. 580, 95th Cong., 1st Sess. 19, 20 (1977). Id. In the Matter of Amendment of the Commission's Rules and Policies Governing Pole Attachments, Report and Order, 15 FCC Rcd 6453 (2000). In the
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • (``STA''), or proposing a remedial plan would not bring Western into compliance and would not insulate Western from further enforcement action for operation prior to receipt of authorization. Finally, should Western plan any changes to its facilities or service in the Medora area in response to this NAL or subsequent Commission orders, we remind Western of its obligation under Section 1.1308(a) of the Rules60 to file an EA if any of those changes may significantly affect the environment under Section 1.1307(a) of the Rules.61 IV. CONCLUSION 22. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules,62 Western Wireless Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • to follow these mandatory steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations. _________________________ 1Western Wireless Corporation and WWC Holding Co., Inc., 18 FCC Rcd 10319 (2003). 247 U.S.C. 301. 347 C.F.R. 1.1307. 4See 47 C.F.R. 1.1308 and 1.1311. 5See 47 C.F.R. 1.1312; see also 47 C.F.R. 22.165(c). 616 U.S.C. 470-470w. In particular, Section 106 of the NHPA requires Federal agencies, such as the Commission ``prior to the issuance of any license ... [to] take into account the effect of the undertaking on any district, site, building, structure or object that [qualifies as a Historic Property].'' 16
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • certified mail return receipt requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. SS 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. 16 USC SS 1531 et seq. See 47 C.F.R. S 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • be sent by first class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. S 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement"). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, WT Docket No.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • 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 us,
• http://transition.fcc.gov/eb/Orders/2008/DA-08-561A1.html
  • 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 fact
• http://transition.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • 2. 47 C.F.R. S: 1.1307. Id. S: 1.1312(a) ("In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in S: 1.1307 of this part."). Id. S: 1.1311. See id. S:S: 1.1308, 1.1312(b). Id. S: 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See File No. A0698790 (filed
• http://transition.fcc.gov/fcc-bin/audio/siting-environment.html
  • 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 agreement on
• http://wireless.fcc.gov/siting/environment.html
  • 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 agreement on
• http://wireless.fcc.gov/siting/environment_compliance.html
  • 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 agreement on
• http://wireless.fcc.gov/siting/fact2.pdf
  • I-Procedures Implementing the National Environmental Policy Act of 1969 * * * * * � 1.1307 Actions which may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a) Commission actions with respect to the following types of facilities may significantly affect the environment and thus require the preparation of EAs by the applicant (see �� 1.1308 and 1.1311) and may require further Commission environmental processing (see �� 1.1314, 1.1315 and 1.1317): (1) Facilities that are to be located in an officially designated wilderness area. (2) Facilities that are to be located in an officially designated wildlife preserve. (3) Facilities that: (i) May affect listed threatened or endangered species or designated critical habitats; or (ii) are likely
• http://wireless.fcc.gov/siting/npaguid.html
  • 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 eight areas or situations which are considered environmentally sensitive and requiring preparation of an EA
• http://wireless.fcc.gov/uls//releases/da010971a.doc http://wireless.fcc.gov/uls//releases/da010971a.pdf
  • 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 applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas
• http://wireless.fcc.gov/uls/releases/d001033a.pdf
  • 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 Data Supplement 1 1) Action Requested: ( A ) AddMod Del 2) Location Number: 2 3)
• http://wireless.fcc.gov/uls/releases/d001033b.pdf
  • 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 Supplement 2 Path Data Transmit Location 1) Transmit location name: WESTANDOVER 2) Path number: 1 3)
• http://wireless.fcc.gov/uls/releases/d001033c.pdf
  • 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 Data Supplement 1 1) Action Requested: ( A ) AddMod Del 2) Location Number: 2 3)
• http://wireless.fcc.gov/uls/releases/d001033f.pdf
  • 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 Supplement 2 Path Data Transmit Location 1) Transmit location name: BUCKLEY 2) Path number: 5 3)
• http://wireless.fcc.gov/uls/releases/da00-1992_AttA.doc http://wireless.fcc.gov/uls/releases/da00-1992_AttA.pdf
  • 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) the proper authority was notified. 1. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West Virginia. The quiet
• http://wireless.fcc.gov/uls/releases/da00-2292-AppA.doc http://wireless.fcc.gov/uls/releases/da00-2292-AppA.pdf
  • 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 applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas
• http://wireless.fcc.gov/uls/releases/da00-2564A.doc http://wireless.fcc.gov/uls/releases/da00-2564A.pdf
  • 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 applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas
• 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
  • other hand, the applicant determines that operation of the facility or device will not comply with the RF guidelines, the applicant is required to prepare an Environmental Assessment, and undergo environmental review by Commission staff unless the applicant amends its application so as to comply with the Commission's adopted RF guidelines. See 47 C.F.R. �� 1.1311; see also 47 C.F.R. ��1.1308, 1.1309, 1.1314-1.1317. 15. If no pre-construction Commission authorization is required (as is the case for PCS and cellular licenses, for example, where the Commission authorizes blanket licenses that are not site-specific), Section 1.1312 of the Commission's environmental processing rules requires that the licensee conduct the appropriate calculations and determine whether the 1 National Environmental Policy Act of 1969, 42 U.S.C.
• 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
  • (If required) 5) Would a Commission grant of Authorization for any locations won in an auction be an action ( )Yes No which may have a significant environmental effect as defined by Section 1.1307 of 47 CFR? If `Yes', complete Items 6 through 10 for each affected location and also submit an environmental 47 CFR, Sections assessment, as required by 1.1308 and 1.1311. 6) 7) 8) 9) 10) NAD83 Latitude NAD83 Longitude (DD-MM-SS-D) (DDD-MM-SS-D) City County State Certifications For Applicants Claiming Eligibility as an Entrepreneur Under the General Rule Applicant certifies that they are eligible to obtain the licenses for which they apply. For Applicants Claiming Eligibility as a Publicly Traded Corporation Applicant certifies that they are eligible to obtain the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000821.doc
  • the foregoing, we grant the SCANA application, subject to the condition described below, and deny the Tennant Petition and informal objections. V. Conclusion 33. We conclude from the entire administrative record in this matter that the construction and operation of the facilities proposed by SCANA and discussed herein 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 SCANA to construct a tower to be used to provide wireless facilities to persons and businesses in the Georgetown, South Carolina area would serve the public interest, convenience, and necessity. Accordingly, we grant the SCANA application,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/pnwl9223.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit NA STRUCTURE REGISTRATION SERVICE INFORMATION Report No. CWS-99- 65 September 10 , 1999 ENVIRONMENTAL ACTION The Wireless Telecommunications Bureau determined, based on a independent review of the Environmental Assessments filed by the applicants, listed herein, that the proposed tower will not have any significant impact upon the environment. See 47 C.F. R. � 1.1308(d). Accordingly, the application(s) listed herein for major environmental actions are GRANTED. Coordinates Date Rec'd SBA Towers A0090567 36-8-22.8/83-15-54.4 9/10/99 -FCC- � �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��-
• http://www.fcc.gov/Forms/Form312/312Fill.pdf
  • 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 February, 1998 CLEAR ALL PAGES ALIEN OWNERSHIP BASIC QUALIFICATIONS YES
• http://www.fcc.gov/Forms/Form854/854.pdf
  • on environmental grounds in the local community. 4) A discussion of environmental and other considerations which led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of unavoidable adverse environmental effects, and any alternative sites or facilities which have been or might reasonably be considered. Further details may be found in Sections 1.1308 and 1.1311 of the Commission's Rules. oing do will trigger new national notice, ITEMS 49-50 Environmental Review Compliance Certification. Prior to an application being approved, an applicant must certify that the proposed antenna structure will not have a significant effect on the environment and state the basis for that determination. If an applicant cannot so certify, an Environmental Impact Stateme
• http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • (``STA''), or proposing a remedial plan would not bring Western into compliance and would not insulate Western from further enforcement action for operation prior to receipt of authorization. Finally, should Western plan any changes to its facilities or service in the Medora area in response to this NAL or subsequent Commission orders, we remind Western of its obligation under Section 1.1308(a) of the Rules60 to file an EA if any of those changes may significantly affect the environment under Section 1.1307(a) of the Rules.61 IV. CONCLUSION 22. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules,62 Western Wireless Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
• http://www.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • to follow these mandatory steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations. _________________________ 1Western Wireless Corporation and WWC Holding Co., Inc., 18 FCC Rcd 10319 (2003). 247 U.S.C. 301. 347 C.F.R. 1.1307. 4See 47 C.F.R. 1.1308 and 1.1311. 5See 47 C.F.R. 1.1312; see also 47 C.F.R. 22.165(c). 616 U.S.C. 470-470w. In particular, Section 106 of the NHPA requires Federal agencies, such as the Commission ``prior to the issuance of any license ... [to] take into account the effect of the undertaking on any district, site, building, structure or object that [qualifies as a Historic Property].'' 16
• http://www.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • certified mail return receipt requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. SS 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. 16 USC SS 1531 et seq. See 47 C.F.R. S 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing
• http://www.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • be sent by first class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. S 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement"). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, WT Docket No.
• http://www.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • 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 us,
• http://www.fcc.gov/eb/Orders/2008/DA-08-561A1.html
  • 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 fact
• http://www.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • 2. 47 C.F.R. S: 1.1307. Id. S: 1.1312(a) ("In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in S: 1.1307 of this part."). Id. S: 1.1311. See id. S:S: 1.1308, 1.1312(b). Id. S: 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See File No. A0698790 (filed
• http://www.fcc.gov/fcc-bin/audio/DA-07-4383A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4383A1.pdf
  • 800.9(a), (b), or (c). Letter to Scott Miller from Kurt Schuster, Staff Archaeologist, and Robert L. Brooks, State Archaeologist (Feb. 28, 2007). There has been no construction activity at the site of the Auxiliary Facility. Letter to Cary S. Tepper, Esq. from Chief, Audio Division, Media Bureau, Reference 1800B3 (Apr. 20, 2007) (``April 20 Inquiry Letter''). See 47 C.F.R. � 1.1308(d). 47 C.F.R. � 1.1307(a)(4). See Memorandum from John Fowler, Advisory Council on Historic Preservation, to Federal Communications Commission, State Historic Preservation Officers, and Tribal Historic Preservation Officers (Sep. 21, 2000), regarding delegation of authority for the Section 106 Review of Telecommunications Projects. See Letter to Lee W. Shubert, Esq. and David J. Kaufman, Esq., 20 FCC Rcd 12348 (MB July
• http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.pdf
  • tower foundation supports, temporary roads, ``batter boards,'' ``rebar,'' and empty conduit constitute preliminary activities having no intrinsic radio communication use related to the proposed facility, and thus are not premature or unauthorized construction activities. Conclusion/Actions. Upon examination of the EA, we find that the information supplied satisfies the requirements specified in Section 1.1311 of the Rules. Additionally, pursuant to Section 1.1308 of the Rules, we find that the KRKO(AM) tower array will have no significant environmental impact on the quality of the human environment, and no further environmental processing is warranted. Moreover, we have examined the captioned application and find that it complies with all pertinent statutory and regulatory requirements. Accordingly, in light of the findings made above, IT IS ORDERED,
• http://www.fcc.gov/fcc-bin/audio/DA-08-2392A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2392A1.pdf
  • 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 the Station's proposed daytime antenna system will have no significant environmental impact on the quality of the human environment, and no further environmental processing is warranted. Birach Informal Objection Birach asserts that Potomac and its principals, James Weitzman and Edwin Tornberg, have ``developed an unhealthy obsession with competition'' and have engaged in tactics meant
• http://www.fcc.gov/fcc-bin/audio/DA-11-504A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-504A1.pdf
  • See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1311. }}}{\rtlch\fcs1 \af0 \ltrch\fcs0 and undergo environmental review and any mandatory consultation with expert agencies, prior to initiating construction.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s21\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 1.1308.}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs26\cf1 The Commission conducts an independent review of the EA to determine whether the proposed construction would have a significant impact on the human environment. }{\rtlch\fcs1 \af0 \ltrch\fcs0 If the Commission finds, after reviewing the EA and any comments received, that a proposed facility will not have a significant environmental effect, it will issue a
• http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.pdf
  • (``STA''), or proposing a remedial plan would not bring Western into compliance and would not insulate Western from further enforcement action for operation prior to receipt of authorization. Finally, should Western plan any changes to its facilities or service in the Medora area in response to this NAL or subsequent Commission orders, we remind Western of its obligation under Section 1.1308(a) of the Rules to file an EA if any of those changes may significantly affect the environment under Section 1.1307(a) of the Rules. CONCLUSION Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, Western Wireless Corporation, is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of two
• http://www.fcc.gov/fcc-bin/audio/FCC-03-125A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-125A1.pdf
  • which Undertakings covered by the draft Nationwide Agreement may occur is attached as Attachment 2 to Appendix A. See Draft Nationwide Agreement Section III. See In the Matter of Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078, 4080 (2000). See 16 U.S.C. � 470a(d); 36 C.F.R. � 800.2(c)(2); 47 C.F.R. � 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. � 1.1307(a)(4) Note. Id. � 1.1307(a)(4); see also 47 C.F.R. �� 1.1308, 1.1311. Id.. �� 1.1200-1.1216. See Id.
• http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.pdf
  • 1.1312(a). If the proposed facility may have a significant environmental impact, appropriate environmental processing shall be completed prior to construction. See id. � 1.1312(b). If the proposed facility is categorically excluded under the Commission's environmental rules, construction and operation of the facility may proceed in accordance with the applicable licensing rules and procedures. Id. � 1.1312(c). See 47 C.F.R. � 1.1308. The Commission's rules provide that if an EA is required to be prepared, it ``shall deal specifically with any feature of the site which has special environmental significance (e.g., . . . natural migration paths for birds and other wildlife . . . ).'' 47 C.F.R. � 1.1311(b). In adopting its initial comprehensive environmental rules in 1974, which have since
• http://www.fcc.gov/fcc-bin/audio/FCC-04-222A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A1.pdf
  • C.F.R. �� 800.3-800.13. The Subpart B rules set forth specific procedures for initiating the Section 106 process, identifying historic properties, assessing adverse effects on historic properties, and resolving adverse effects. Id., � 800.14(b). Section 800.14(b)(2)(i) sets forth the consultation requirements in developing programmatic agreements for agency programs. Id., � 800.14(b)(2)(iii). Id., � 800.2(c)(4). 47 C.F.R. � 1.1307(a)(4). Id., �� 1.1307(a), 1.1308(b) Note. See 5 U.S.C. � 553; 47 C.F.R. � 1.411. AWS Comments at 2; Crown Comments at 2; PCIA Comments at 7-8; WCA Comments at 1-2; SBC Reply Comments at 1-2. Maryland SHPO Comments at 1-2; National Trust Comments at 1. PCIA Comments at 8; Western/T-Mobile Comments at 3. Verizon Comments at 3; Western/T-Mobile Comments at 3; AWS et al.
• http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.pdf
  • the Bureau determines that the action may have a significant environmental impact, it will require that an EA be prepared. Under Section 1.1307(d), the Bureau shall, on its own motion, require the preparation of an EA, if the Bureau determines that the proposal may have a significant environmental impact. 47 C.F.R. � 1.1307(a)(3). See id. � (a)(3); 47 C.F.R. � 1.1308 note; Letter from Susan H. Steiman, Associate General Counsel to Steve Williams, Director, U.S. Fish and Wildlife Service, U.S. Department of Interior, dated July 9, 2003. See State of Ohio Department of Administrative Services - Application for Antenna Structure Registration - Deersville, OH, Memorandum Opinion and Order, 19 FCC Rcd 18149, 18150-53 �� 6-14 (WTB/SCPD 2004) (reviewing whether a tower
• http://www.fcc.gov/fcc-bin/audio/siting-environment.html
  • 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 agreement on
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1060-022404.pdf
  • (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 tower was not an ``undertaking'' under the NHPA because the tower was neither federally licensed (the FCC does not issue site-specific construction permits) nor federally funded. Final Opp. of Cingular and Crown Castle at 14�17 (citing National Mining Ass'n
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SAT-AMD-20031219-00362.pdf
  • 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 No N/A 30. Is the applicant an alien or the
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SAT-ASG-20031219-00361.pdf
  • 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 No N/A 30. Is the applicant an alien or the
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-AMD-20031223-01873.pdf
  • 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 No N/A 30. Is the applicant an alien or the
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031213-01871.pdf
  • 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 No N/A 30. Is the applicant an alien or the
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031223-01870.pdf
  • 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 No N/A 30. Is the applicant an alien or the
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031223-01872.pdf
  • 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 No N/A 30. Is the applicant an alien or the