FCC Web Documents citing 1.1310
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- 2006). Salem Communications of Hawaii, Inc., is the licensee of KAIM-FM. As he passed through the gate of the fence to the main studio, the Honolulu agent noted that his personal radiofrequency radiation (``RFR'') monitor LED lit at various places within this area, indicating the RFR in the area likely exceeded the public RFR maximum permitted exposure limit. See Section 1.1310 of the Rules, 47 C.F.R. 1.1310. The agent did find a hand-written sign posted next to the door stating ``Be back in one hour.'' The sign was not dated and gave a cellphone number to contact. HTV requested and received a 30 day extension to respond to the NAL. 47 U.S.C. 503(b). 47 C.F.R. 1.80. 12 FCC
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- FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Commission's Memorandum Opinion and Order issued December 1, 2006 (``MO&O''). In that MO&O, the Commission denied Americom's application for review of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau (``Bureau''), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violations involve Americom's failure to comply with the radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. As discussed below, we dismiss Americom's petition because it does not comply
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- part the petition for reconsideration filed by Entravision Holdings, LLC (``Entravision''), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida of the Forfeiture Order issued February 6, 2007. In the Forfeiture Order, the South Central Region (``Region'') of the Enforcement Bureau imposed a monetary forfeiture in the amount of $25,000 on Entravision for the willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violation involved Entravision's failure to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. II. BACKGROUND The RFR MPE limits, which are set forth in Section 1.1310 of the Rules, include limits for ``occupational/controlled'' exposure and limits for ``general population/uncontrolled'' exposure. The occupational exposure limits
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- 0005410295 FORFEITURE ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Visionary Related Entertainment, L.L.C. (``Visionary''), licensee of FM station KAOI-FM, in Wailuku, Hawaii, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). On February 4, 2005, the Enforcement Bureau's Honolulu Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Visionary after determining that Visionary had failed to comply with the Commission's radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. In this
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- 0001529627 FORFEITURE ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Entravision Holdings, LLC (``Entravision''), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Enforcement Bureau's Tampa Office issued a Notice of Apparent Liability for Forfeiture to Entravision in the amount of twenty-five thousand dollars ($25,000) for the apparent willful and repeated violation of
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- Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Infinity Broadcasting Corporation of Florida (``Infinity''), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Infinity in the amount of twenty thousand dollars ($20,000) for the apparent willful and repeated violation of Section 1.1310
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- Office because it had no gross revenues for the three calendar years prior to the NAL, and supplies financial data to support that claim. To assess A-O's inability to pay argument, we must consider a related proceeding, where, on December 29, 2003, the Commission assessed a $25,000 forfeiture against A-O for operating KTMN in willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules. In the 2003 Forfeiture Order, the Commission took into account an argument from A-O concerning its inability to pay the forfeiture amount as A-O submitted documentation stating that it had no revenues. Generally, when analyzing a financial hardship claim, the Commission has looked to gross revenues as a reasonable and appropriate yardstick in
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- Adopted: May 28, 2009 Released: June 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Minority Business & Housing Development, Inc. (``MBHD''), licensee of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. BACKGROUND rized location. The antenna
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- of interference; Analog, digital and, if applicable, combined transmitter power output; Analog and digital ERP; and 1See Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Broadcast Service, Order, 25 FCC Rcd 1182 (2010) ("Order"). A certification that the notified operation will not cause human exposure to levels of radio- frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment ("EA") pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation withincreased digital
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- FRN: 0007714009 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 4, 2011 By the District Director, Denver District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Frandsen Media Company, LLC (``Frandsen''), licensee of FM broadcast station KGNT in Smithfield, Utah, apparently willfully and repeatedly violated section 1.1310 of the Commission's rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the
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- MO&O and FNPRM at 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, 106; see also Upper 700 MHz MO&O and FNPRM at 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, 111. See supra para. 43. These existing requirements are found in 47 CFR 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report and
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- 27.53(f). NTIA AWS Assessment at 6. For example, the cellular pairing at 824-849/869-894 MHz is codified at 47 C.F.R. 22.905. The broadband PCS pairing at 1850-1910/1930-1990 MHz has not been similarly codified, but as a practical matter, broadband PCS operate using the lower band for mobile transmit and the upper band for base station transmit. See 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in OET Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01) was issued on August 25,
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- and Their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. To Provide a Fixed Service in the 12.2 - 12.7 GHz Band, Fourth Memorandum Opinion and Order, 18 FCC Rcd 8428 (2003). We note that some cellular handsets available today already approach the specific absorption rate limits specified in our rules. See 47 C.F.R. 1.1310, 2.1091, and 2.1093. Therefore, commenters who advocate higher power level for cellular handsets may wish to consider whether other design considerations can compensate for increased power levels so that such handsets do not violate our electromagnetic radiation exposure rules. >. >. >. Many commercial wireless licenses have site-based incumbents, including the 220 MHz, 800 MHz SMR, and paging services. 47
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- unlicensed operation on a primary basis for unassigned ITFS spectrum. See paras. 79-82, supra. WCA Comments in ET Docket No. 02-135, at 10. Unlicensed NOI, 14. See paras.79-82, supra. 47 C.F.R. 15.205. See 47 C.F.R. 1.1307(b)(2), 2.1091(c) and 2.1093(c). See Coalition Proposal at 20, n.51 and 26. The existing requirements are located in 47 C.F.R. 1.1307(b), 1.1310, 2.1091 and 2.1093. Coalition Proposal at 56. With regard to the Coalition's request to convert the database, we note that the Wireless Bureau has asked MDS and ITFS licensees to review their license data, including coordinate data, to determine if it is correct. See Wireless Telecommunications Bureau Seeks to Verify ITFS, MDS and MMDS License Status and Pending Applications, Public
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- be codified at 47 C.F.R. 24.229(c).). Licensees operating mobile systems would therefore be prohibited from operating base stations in the 2020-2025 MHz band. See AWS 1.7 and 2.1 GHz Service Rules Order, 18 FCC Rcd at 25202 103. AWS 1.7 and 2.1 GHz Service Rules NPRM, 17 FCC Rcd at 24161 68; see also 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in OET Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01) was issued on August 25,
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- law. Section 1.1307(b) provides that Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations, or modifications in existing facilities require the preparation of an EA if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency (RF) emissions in excess of the guidelines that the Commission has adopted. See 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1306(a). 47 C.F.R. 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will require that an EA
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- C.F.R. Part 20; see also 47 C.F.R. 27.3(g). See, e.g., 700 MHz Second Report and Order at section III.C.4.c.iii. See Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 02-353, Notice of Proposed Rulemaking, 17 FCC Rcd 24135, 24161 68 (2002) (``AWS-1 Service Rules NPRM''); see also 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in Office of Engineering and Technology (OET) Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01)
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- of Florida (``Infinity''), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, pursuant to Section 1.115 of the Commission's Rules (``Rules''). Infinity seeks review of the Forfeiture Order issued February 6, 2007, by the Enforcement Bureau South Central Region (``Region'') imposing a monetary forfeiture in the amount of $10,000 on Infinity for the willful and repeated violation of Section 1.1310 of the Rules. The noted violation involved Infinity's failure to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. In this Order, we consider the various arguments raised by Infinity and for the reasons set forth below, we deny the application for review and affirm the Region's finding of liability and the
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- upon notification of such interference, and complaints of all radio interference shall be forwarded immediately to the Commission, in writing. (d) Maritime Telecommunications Network, Inc. must comply with all applicable international coordination and operational requirements; (e) All transmitting facilities shall comply with Commission guidelines for human exposure to radio frequency electromagnetic fields as defined in 47 C.F.R. 1.1307(b) and 1.1310, including labeling and other appropriate requirements for subscriber transceiver units; (f) All antenna towers (masts), where required, shall be marked and lighted in accordance with FCC and FAA regulations; and (g) This authorization is subject to change in any of its terms, or to cancellation in its entirety, at any time upon reasonable notice, but without hearing if, in the
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- 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. 1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.925 - Identification of Equipment BEXT Inc., San Diego, CA. Dallas, TX District Office (9/15/00). 47 C.F.R.
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- 47 C.F.R. 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other
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- Mexico; SDARS repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures; SDARS repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules; SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; This STA will expire on March 18, 2002 or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 19. Sirius is afforded fifteen days from the date of release of this STA to decline this
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- Mexico; SDARS repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures; SDARS repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules; SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; This STA will expire on March 18, 2002 or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 19. XM Radio is afforded fifteen days from the date of release of this STA to decline
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- Id. Bright Supplemental Petition at 7-9. Preservation Howard County Objection. Id. at 1. Bright Supplemental Petition at 10,11; Bright Petition at 3. 47 C.F.R. 1.1307(a)(8). See Maryland DBM Application question 38; FAA study number 00-AEA-3082-0E (dual medium intensity lighting; white lights by day and red lights by night) See Memorandum of Agreement at 3. See 47 C.F.R. 1.1307(b), 1.1310. The Maryland DBM tower will be used by public safety licensees. Each licensee is required to certify on FCC Form 601 (FCC Application for Wireless Telecommunications Bureau Radio Service Authorization) that the licensee's operation complies with the Commission's limits on radio frequency emissions. 47 C.F.R. 1.1305. See Bright Supplemental Petition at 2. Bright Supplemental Petition at 7; Bright Petition
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- Antenna Structure Registration Numbers AT&T Wireless Services, Inc., Washington, DC. Tampa, FL District Office (12/3/01). Steel Broadcasting Inc., WMRX-FM, Beaverton, MI. Detroit, MI District Office (12/3/01). Far West Radio, Inc., Las Vegas, NV. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Los Angeles, CA District Office (12/4/01). Commonwealth License Subsidiary, LLC, Lamar, CO (KLMR). Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 17.17 (Existing Structures), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.49 (AM Transmission System Fencing Requirements), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/7/01). Maryland State Highway Administration, Baltimore, MD. Columbia, MD District Office (12/12/01). Missouri RSA #4 Partnership/DBA Alltel, Lathrop, MO. Other violation: 47 C.F.R. 17.57
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- 0003-7662-92 Facility ID # 53706 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 20, 2002 Released: November 22, 2002 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Americom is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. Background In 1996, the
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- contains the modem and data conversion electronics. High frequency energy originates at the feed assembly and is directed to the satellite by the elliptical reflector. DBAC submitted a radiation hazard study that showed the maximum radiation power density of the outdoor unit, between the feed assembly and the reflector, does not meet the required uncontrolled exposure limit contained in Section 1.1310. This means that radiation exposure could occur if a person accidentally placed his or her head or body between the feed horn and the reflector. DBAC states, however, that if an object is placed between the feed horn and the reflector, it will block the hub's transmission from being received by the indoor unit. In this case, the indoor unit
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- contains the modem and data conversion electronics. High frequency energy originates at the feed assembly and is directed to the satellite by the elliptical reflector. DBAC submitted a radiation hazard study that showed the maximum radiation power density of the outdoor unit, between the feed assembly and the reflector, does not meet the required uncontrolled exposure limit contained in Section 1.1310. This means that radiation exposure could occur if a person accidentally placed his or her head or body between the feed horn and the reflector. DBAC states, however, that if an object is placed between the feed horn and the reflector, it will block the hub's transmission from being received by the indoor unit. In this case, the indoor unit
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- for the County, to Marlene H. Dortch, FCC Secretary, dated February 5, 2003 at 2 (``February 5, 2003 County Letter''). See Anne Arundel County Code, Article 28, Preamble. Id., Article 28, 1-101(14B). Id., Article 28, 1-128(a). Id., Article 28, 10-125(j)(l). Id., Article 28, 10-125(k)(1). The Commission's RF emissions guidelines are set forth at 47 C.F.R. 1.1310, 2.1093. Anne Arundel County Code, Article 28, 10-125(j)(2), (k)(2). See Letter from James Hobson, attorney for the County, to Marlene H. Dortch, FCC Secretary, dated August 26, 2002 (``August 26, 2002 County Letter''); Letter from Brian Fontes, Cingular Vice President, to Marlene H. Dortch, FCC Secretary, dated September 11, 2002, Attachment A (``September 11, 2002 Cingular Letter''). Specifically, in
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- we are not persuaded by Commonwealth's argument that the NE#1 tower required a fence of no more than two meters less than 8 feet from the tower base in all directions to be compliant with its power and frequency. OET Bulletin 65 does not contain any reference to fence height. It does, however, specify minimum distances from radiating elements. Section 1.1310 of the Rules establishes the criteria to be used to evaluate the environmental impact of human exposure to RF radiation based on the station's power. OET Bulletin 65 permits the use of a fence to restrict access as one method to limit human exposure to excessive RF radiation levels. Although OET Bulletin 65 does not specify the type or condition
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- modified tower. CARE raises four matters in opposition to Lake Cedar's modified tower. CARE argues that operation of the Stations' analog and DTV facilities from the modified tower would not comply with the following Commission Rules: (1) protection of the radio receiving zone at Table Mountain, Boulder County, Colorado (Section 73.1030(b)); (2) compliance with the radiofrequency radiation exposure limits (Section 1.1310); (3) protection of historic sites (Section 1.1307(a)(4)); and (4) protection of Indian religious sites (Section 1.1307(a)(5)). Commission staff recently concluded that the Lake Cedar modified tower would comply with the Table Mountain protection requirements set forth in Section 73.1030(b) of the Rules. CARE apparently does not attempt to argue that the Lake Cedar proposal fails to comply with our radiofrequency
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- Forest Alliance, Inc v. United States Forest Service, 325 F.3d 851, 858 (7th Cir. 2003) (establishing ``a two-step approach to determining whether an agency has acted arbitrarily or capriciously in deciding not to prepare an EIS in the face of scientific controversy'' (italics added)). Petition at 2-4; Reply at 2. See n. 15, supra. EA at 9-10. 47 C.F.R. 1.1310. See http://www.fda.gov/cdrh/ost/section4.html See Friends of the Earth, Inc. and Forest Conservation Council, Inc., Memorandum Opinion and Order, 17 FCC Rcd. 201 (CWD 2002), app. for review denied, FCC 03-277 (released November 10, 2003). (continued....) Federal Communications Commission DA 03-3826 Federal Communications Commission DA 03-3826 @ 1 @ h h h h h h h h h
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- of a technical representative the Commission can call in the event of interference; transmitter power output; if separate analog and digital transmitters are used, the power output for each transmitter; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and if applicable, any power reduction in an AM station's primary digital carriers.
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- 53706 ) FORFEITURE ORDER Adopted: May 26, 2004 Released: May 28, 2004 By the Chief, Enforcement Bureau: I. Introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violations involve Americom's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers. On November 22, 2002, we issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Americom for a forfeiture in the amount of ten thousand dollars ($10,000). Americom filed its response to
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- S WE-Dish Opposition Comments at Attachment A. Id. at p. 8. SWE-DISH also acknowledges, in response to concerns raised by AvL in its Comments of October 24, 2003, that the product and performance specifications on its website are incorrect, and that the specifications contained in its Application before the Commission are accurate and "take precedence." Id. 22 47 C.F.R. 8 1.1310. 17 1x 21 4 Federal Communications Commission DA 04-2607 indicating that these limits will be exceeded in the vicinity of the earth station for which license is In its Reply Comments, TriPoint highlights that the SWE-DISH analysis shows that the limit would be exceeded by a factor of more than 400 in the worst case.24 The areas of possible excess
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- SDARS repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures; (f) SDARS repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules; (g) SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; (h) This STA will expire after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. XM Radio and Sirius are afforded fifteen days from the date of release of this STA
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- the radiation hazard and including a diagram showing the regions around the earth stations where the radiation levels could exceed 1.0 mW/cm2. The operator of the earth station shall be responsible for assuring that individuals do not stray into the regions around the earth stations where there is a potential for exceeding the maximum permissible exposure limits required by Section 1.1310 of our Rules, 47 C.F.R. 1.1310. This shall be accomplished by means of signs, caution tape, verbal warnings, placement of the earth station so as to minimize access to the hazardous region and/or any other appropriate means. This authorization is limited to communications with SES satellites AMC-4 at 101.0 degrees W.L. nominal orbital location and AMC-6 at 72.0 degrees W.L.
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- iBiquity hybrid specifications; the name and telephone number of a technical representative the Commission can call in the event of interference; transmitter power output for the analog and digital transmitters; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; geographic coordinates, elevation data, and license file number for the auxiliary antenna to
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- ground station maximum power limit of 500 Watts effective radiated power (ERP) and an airborne mobile station maximum power limit of 12 Watts ERP will allow a licensee of a 3 MHz spectrum block to deploy CDMA2000 1xEV-DO and/or FLASH-OFDM with an ample margin. Installations will also be subject to the radiofrequency radiation exposure limits rules set forth in Section 1.1310 of the Commission's rules (47 C.F.R 1.1310). Interference to air-ground from adjacent services. Under current FCC rules, new air-ground systems should be able, through careful ground station site selection, and through technical coordination with the licensees in adjacent services, to build out their systems. Potential licensees should plan on obtaining qualified engineering advice regarding system design and ground station
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- set forth in paragraphs 14 and 17 of the XM Radio 2001 STA Order to protect operational WCS stations. In addition, SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP. Also, XM Radio's SDARS repeaters shall comply with the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules. In particular, XM Radio must make a routine environmental evaluation for each site to ensure compliance with the Maximum Permissible Exposure limits. Any actions taken as a result of this STA are solely at XM Radio's own risk, and this STA shall not prejudice the outcome of the final rules adopted by the Commission in the
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- must include a label or nameplate listing the FCC identifier. A review of Commission records revealed that an equipment authorization for the DBA-819 amplifier was granted in January 2003 to Arrista Technologies, Inc. under FCC ID # P35SSG-819-1W2W. This authorization included the following condition intended to ensure compliance with the RF radiation maximum permissible exposure limits set forth in Section 1.1310 of the Rules: The antenna(s) used for this transmitter must be installed to provide a separation distance of at least 50 cm from all persons and must not be co-located or operating in conjunction with any other antenna or transmitter. Users and installers must be provided with antenna installation instructions and transmitter operating conditions for satisfying RF exposure compliance. In
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- use the manufacturer's computed figures for the efficiency of the antenna and for the effective top-loading. cilities by AM applicants proposing nondirectional KinStar antennas. The developers' report also includes NEC calculations of electric and magnetic field strengths near the KinStar antenna, and a comparison of calculated values to the maximum permissible exposure (MPE) limits set forth in 47 C.F.R. 1.1310. The calculations show that, with power of one kilowatt, the KinStar antenna would produce electric and magnetic field values that exceed MPE limits only in the immediate vicinity of the vertical wires. At a power of 50 kilowatts, the magnetic field exceeds MPE limits at distances of 10 to 12 meters from the center of the antenna. The results are
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- that these experiments prove that Globalstar MSS/ATC can be implemented with existing technology at low cost. 3. Compliance with Radiation Limits As required by Section 25.149(a)(5), GLLC guarantees that Globalstar ATC base stations and MSS/ATC terminals will operate in compliance with the provisions of the National Environmental Policy Act incorporated in the Commission's rules, including the provisions in Sections 1.1307(b), 1.1310, 2.1091, and 2.1093 pertaining to radio-frequency radiation exposure. The base-station antennas will typically be mounted atop tall masts and will be enclosed by perimeter security fences. Standard radiation-hazard warnings will be posted, and access to areas directly in a base station's main antenna beam will be barred except as required for maintenance by authorized engineering personnel after amplifier input signals
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- 73.2080. See File No. B396 - 20030929ANZ. OET Bulletin 65, Edition 97-01, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' at p. 12. ``Opposition to Petition to Deny,'' Exhibit A (``RF Field Study for Tower Top Investments, Inc., Crown Mountain, St. Thomas Tower Facility - August 13, 2003''). Id. See 47 C.F.R. 1.1307(b) and 1.1310. See 47 U.S.C. 309(k). Federal Communications Commission Washington, D.C. 20554 July 31, 2006 DA 06-1551 In Reply Refer to: 1800B3-RDH Released: July 31, 2006 ` e d; s(c)W'*u``uDA:q[ 7|x_ Pn''"O 2Ȉ+"< nL8P:w n``?9q;z %7J..."{(R)⢣ >у r3cF r"WVS...zL"0ځd̓v[E zn ){I.N, DB )-q)<( U<5 Ό2ʍ ax-4o2 s)Ӈ\ k ;4 A XI5'6' `` ޥ!- Hy``Aqu"mƚ}-c?*|< h)2h"Mh
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- (admonishing licensee for its refusal on two occasions to permit unrestricted access to its public file). Shear Informal Objection at 2. Id. We cannot determine, for example, if Dr. Shear's allegation involves exposure to the public or maintenance workers of dangerous levels of radiofrequency (``RF'') radiation from the station, for which the Commission has developed standards. See 47 C.F.R. 1.1310, citing OST/OET Bulletin No. 65, ``Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radiofrequency Radiation.'' Federal Communications Commission Washington, D.C. 20554 March 13, 2007 Bk(/YM`鉉PNG 0eX...W0f"˸ -ʝ D... p-C C\ i8 ] ~'\ gbFJU }p Ӵ:|Y.̕ `]feʦS 8o(R) -o} ^ rt2 ; X0~Be6%70oB(R)xoG k"a n"W -1$7'2 o
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- 2006). Salem Communications of Hawaii, Inc., is the licensee of KAIM-FM. As he passed through the gate of the fence to the main studio, the Honolulu agent noted that his personal radiofrequency radiation (``RFR'') monitor LED lit at various places within this area, indicating the RFR in the area likely exceeded the public RFR maximum permitted exposure limit. See Section 1.1310 of the Rules, 47 C.F.R. 1.1310. The agent did find a hand-written sign posted next to the door stating ``Be back in one hour.'' The sign was not dated and gave a cellphone number to contact. HTV requested and received a 30 day extension to respond to the NAL. 47 U.S.C. 503(b). 47 C.F.R. 1.80. 12 FCC
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- FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Commission's Memorandum Opinion and Order issued December 1, 2006 (``MO&O''). In that MO&O, the Commission denied Americom's application for review of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau (``Bureau''), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violations involve Americom's failure to comply with the radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. As discussed below, we dismiss Americom's petition because it does not comply
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- part the petition for reconsideration filed by Entravision Holdings, LLC (``Entravision''), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida of the Forfeiture Order issued February 6, 2007. In the Forfeiture Order, the South Central Region (``Region'') of the Enforcement Bureau imposed a monetary forfeiture in the amount of $25,000 on Entravision for the willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violation involved Entravision's failure to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. II. BACKGROUND The RFR MPE limits, which are set forth in Section 1.1310 of the Rules, include limits for ``occupational/controlled'' exposure and limits for ``general population/uncontrolled'' exposure. The occupational exposure limits
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- 0005410295 FORFEITURE ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Visionary Related Entertainment, L.L.C. (``Visionary''), licensee of FM station KAOI-FM, in Wailuku, Hawaii, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). On February 4, 2005, the Enforcement Bureau's Honolulu Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Visionary after determining that Visionary had failed to comply with the Commission's radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. In this
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- 0001529627 FORFEITURE ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Entravision Holdings, LLC (``Entravision''), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Enforcement Bureau's Tampa Office issued a Notice of Apparent Liability for Forfeiture to Entravision in the amount of twenty-five thousand dollars ($25,000) for the apparent willful and repeated violation of
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- Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Infinity Broadcasting Corporation of Florida (``Infinity''), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Infinity in the amount of twenty thousand dollars ($20,000) for the apparent willful and repeated violation of Section 1.1310
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- Exposure. With respect to various objectors' concerns regarding the perceived unhealthy exposure of local residents to RF radiation from KRKO(AM)'s facilities and their concomitant concern that the Commission's RF exposure rules do not provide adequate protection, we observe first that S-R's engineering consultants have established that KRKO(AM)'s proposal complies with the RF radiation exposure limitations contained in Sections 1.1307(b) and 1.1310 of the Rules with the following provisos. S-R will be required to erect a protective fence around the transmission facility and install appropriate warning signs. Additionally, the construction permit will contain a condition requiring S-R to take actual radiation measurements which will be submitted to the Commission to ensure compliance with the RF exposure limitations. Moreover, we reject the objectors'
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- Office because it had no gross revenues for the three calendar years prior to the NAL, and supplies financial data to support that claim. To assess A-O's inability to pay argument, we must consider a related proceeding, where, on December 29, 2003, the Commission assessed a $25,000 forfeiture against A-O for operating KTMN in willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules. In the 2003 Forfeiture Order, the Commission took into account an argument from A-O concerning its inability to pay the forfeiture amount as A-O submitted documentation stating that it had no revenues. Generally, when analyzing a financial hardship claim, the Commission has looked to gross revenues as a reasonable and appropriate yardstick in
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- MET warning of the radiation hazard and including a diagram showing the regions around the MET where the radiation levels could exceed 1.0 mW/cm2. The operator of the MET shall be responsible for assuring that individuals do not stray into the regions around the MET where there is a potential for exceeding the maximum permissible exposure limits required by Section 1.1310 of the Commission's rules, 47 C.F.R. 1.1310. This shall be accomplished by means of signs, caution tape, verbal warnings, placement of the MET so as to minimize access to the hazardous region and/or any other appropriate means. IT IS FURTHER ORDERED that Raysat Antenna Systems, LLC must submit application fees for its five additional earth station hubs in the
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- days, subject to the following conditions: (a) Aircraft earth stations shall not be operated while the aircraft is on the ground unless appropriate safety protocols are in place to ensure that persons having access to areas within 14 meters of the antenna are not exposed to radiofrequency energy in excess of the maximum permissible limits specified in 47 C.F.R. 1.1310. The exterior surface of the aircraft earth-station antenna shall be prominently marked with a sign warning of the potential for exposure to high levels of radiofrequency energy. (b) Row 44 shall not cause harmful interference to, and shall not claim protection from, any other lawfully operating station. In the event harmful interference results from operation pursuant to this authorization, Row
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- days, subject to the following conditions: (a) Aircraft earth stations shall not be operated while the aircraft is on the ground unless appropriate safety protocols are in place to ensure that persons having access to areas within 14 meters of the antenna are not exposed to radiofrequency energy in excess of the maximum permissible limits specified in 47 C.F.R. 1.1310. The exterior surface of the aircraft earth-station antenna shall be prominently marked with a sign warning of the potential for exposure to high levels of radiofrequency energy. (b) Row 44 shall not cause harmful interference to, and shall not claim protection from, any other lawfully operating station. In the event harmful interference results from operation pursuant to this authorization, Row
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- Adopted: May 28, 2009 Released: June 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Minority Business & Housing Development, Inc. (``MBHD''), licensee of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. BACKGROUND rized location. The antenna
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- shall also record instances when AES pointing error exceeds 0.2 degrees. The licensee shall make this data available upon request to an FSS system operator or the Commission within 24 hours after receiving the request. Row 44 shall take all reasonable and customary measures to prevent human exposure to harmful non-ionizing radiation exceeding the maximum permissible exposure limits in Section 1.1310 of the Commission's rules, 47 C.F.R. 1.1310. The exterior surface of the antenna shall be prominently marked with a warning of the potential for exposure to high levels of radiofrequency energy. IT IS FURTHER ORDERED that Section 2.106 of the Commission's rules IS WAIVED with respect to operation of the Row 44 AMSS network in the 11.7-12.2 GHz downlink
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- shall also record instances when AES pointing error exceeds 0.2 degrees. The licensee shall make this data available upon request to an FSS system operator or the Commission within 24 hours after receiving the request. n)Row 44 shall take all reasonable and customary measures to prevent human exposure to harmful non-ionizing radiation exceeding the maximum permissible exposure limits in Section 1.1310 of the Commission's rules, 47 C.F.R. 1.1310. The exterior surface of the antenna shall be prominently marked with a warning of the potential for exposure to high levels of radiofrequency energy. 36.ITIS FURTHER ORDERED that Section 2.106 of the Commission's rules IS WAIVED with respect to operation of the Row 44 AMSS network in the 11.7-12.2 GHz downlink band,
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- terrestrial repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures. The terrestrial repeaters shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules. The terrestrial repeaters' out-of-band emissions shall be limited to 75+ 10log(EIRP) dB less than the transmitter EIRP. This STA expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. IT IS FURTHERED ORDERED that the Petition to Deny filed by Radio Broadcasters Association of Puerto Rico
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- e)The terrestrial repeaters shall comply with Part 17 of the Commission's rules Construction, Marking, and Lighting of Antenna Structures. f)The terrestrial repeaters shall comply with Part 1 of the Commission's rules, Subpart I Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission's rules. g)The terrestrial repeaters' out-of-band emissions shall be limited to 75+ 10log(EIRP) dB less than the transmitter EIRP. h)This STA expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 15.ITIS FURTHERED ORDERED that the Petition to Deny filed by Radio Broadcasters Association of Puerto Rico IS
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- authority herein for any such operation. Application Exhibit 1, Attachment A at 5. Application Exhibit 1 at 7. Id. at 8 and n.17. Id. at 10. Id. at 7. Id. at 8. Id. Id. at 9. See 47 C.F.R. 25.149(a)(1). Id. See 47 C.F.R. 25.149(a)(3). Id. See 47 C.F.R. 25.149(a)(4). Application Exhibit 2. See 47 C.F.R. 1.1310, 2.1093, and 25.149(a)(5). Application Exhibit 1 at 10. See 47 C.F.R. 1.924 and 25.203(e)-(g). Id. Id. at 7-8. Inmarsat Petition at 2, citing ATC Second Reconsideration Order at 89-90. ATC Second Reconsideration Order at 87. Inmarsat Petition at 4. Accord, Sprint Nextel Reply at 13. Inmarsat Reply at 2. Id. at 5. ICO Opposition at 3-4, citing Globalstar
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- Aircraft earth stations shall not be operated while the aircraft is on the ground or within 55 meters of the ground unless appropriate safety protocols are in place to ensure that persons having access to areas within 55 meters of the antenna are not exposed to radiofrequency energy in excess of the maximum permissible limits specified in 47 C.F.R. 1.1310. The exterior surface of the antenna shall be prominently marked with a sign warning of the potential for exposure to high levels of radiofrequency energy. (b) Row 44 shall not cause harmful interference to, and shall not claim protection from, any other lawfully operating station. In the event harmful interference results from operation pursuant to this authorization, Row 44 shall
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- warning of the radiation hazard and including a diagram showing the regions around the earth station where radiation levels could exceed 1.0mW/cm. The earth station operator shall be responsible for assuring that individuals do not stray into the regions around the earth station where there is a potential for exceeding the maximum permissible exposure limits required by 47 C.F.R. 1.1310. This shall be accomplished by means of signs, caution tape, verbal warnings, placement of the earth station so as to minimize access to the hazardous region, and/or other appropriate means, including muting the transmitter upon loss of the downlink signal and an enabling feature that only permits transmissions after the downlink signal is received, the operator is able to verify
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- prejudice to refiling. In any refiling, Videocom must provide the requested information regarding its proposed C-Band operations. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau The conventional C-band encompasses the 3700-4200 MHz and 5925-6425 MHz frequency bands and the conventional Ku-band encompasses the 11.7-12.2 GHz and 14.0-14.5 GHz frequency bands. See 47 C.F.R. 1.1307(b) and 1.1310. If Videocom Satellite Associates, Inc. refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. 1.1109(d). Federal Communications Commission DA 09-645 Federal Communications Commission Washington, D.C. 20554 a b %PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J,
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- and Order, 21 FCC Rcd 14212, 14220 (2006); CMP-Houston KC, LLC, Memorandum Opinion and Order, 23 FCC Rcd 10656, 10660 n.31 (2008), citing Cloud Nine Broadcasting, Inc., Letter, 10 FCC Rcd 11555, 11556 (1995). Filed on Mar. 10, 2009. The Lay/Moore Objection noted that it ``has the same concerns'' as Matthews and agrees with her comments. 47 C.F.R. 1.1307(b), 1.1310, 2.1091, and 2.1093. Third Matthews Objection at 2; 42 U.S.C. 4321 et. seq. (1976). Second Matthews Objection at 2. Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (Jan. 6, 2009) (``First Congressional''); Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (May 12, 2009)
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- conform to the iBiquity specifications; The name and telephone number of a technical representative the Commission can call in the event of interference; Analog, digital and, if applicable, combined transmitter power output; Analog and digital ERP; and A certification that the notified operation will not cause human exposure to levels of radio-frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment (``EA'') pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation with increased
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- - 1.0 mV/m. For AM - 0.5 mV/m contour; for FM - 1.0 mV/m contour. . . See 47 C.F.R. 1.1914. Estimated by the staff. The STA request specified an efficiency of 300 mV/m/km/kW; however, experience indicates that the efficiency of a long wire antenna is substantially less. See 47 CFR 73.45(c), 73.51, 73.61(b). See 47 CFR 1.1310. Special Temporary Authorizations by nature are to be temporary and are not intended for extended use. Licensees of stations operating under special temporary authorizations are reminded that timely restoration of permanent facilities is the responsibility of the licensee and should be undertaken expeditiously. Any request for extension of special temporary authorizations carries an increased burden with each subsequent request. Therefore,
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- over the existing tower or towers. An EA would also be required for changes to existing towers involving: (1) a change to steady-burning lighting; (2) a change to high-intensity white lighting in a residentially zoned neighborhood; (3) addition of lighting; or (4) human exposure to levels of radio frequency (RF) radiation in excess of the limits in 47 CFR 1.1310 and 2.1093. Every EA would need to consider, in addition to other potential environmental effects, the effects that the project would have on migratory birds and Bald and Golden Eagles. Under Option A, the only projects that would be categorically excluded from preparation of an EA would be those that propose: (1) a change from red steady-burning to flashing lights
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- degrees. Panasonic shall also record instances when AES pointing error exceeds 0.2 degrees. Panasonic shall make this data available upon request to an FSS system operator or the Commission within 24 hours after receiving the request. Panasonic shall take all reasonable and customary measures to prevent human exposure to harmful non-ionizing radiation exceeding the maximum permissible exposure limits in Section 1.1310 of the Commission's rules, 47 C.F.R. 1.1310. The exterior surface of the antenna shall be prominently marked with a warning of the potential for exposure to high levels of radiofrequency energy. IT IS FURTHER ORDERED that Section 2.106 of the Commission's rules IS WAIVED with respect to operation of the eXConnect AMSS network in the 11.7-12.2 GHz downlink band,
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- degrees. Panasonic shall also record instances when AES pointing error exceeds 0.2 degrees. Panasonic shall make this data available upon request to an FSS system operator or the Commission within 24 hours after receiving the request. l)Panasonic shall take all reasonable and customary measures to prevent human exposure to harmful non-ionizing radiation exceeding the maximum permissible exposure limits in Section 1.1310 of the Commission's rules, 47 C.F.R. 1.1310. The exterior surface of the antenna shall be prominently marked with a warning of the potential forexposure to high levels of radiofrequency energy. 27.ITIS FURTHER ORDERED that Section 2.106 of the Commission's rules IS WAIVED with respect to operation of the eXConnect AMSS network in the 11.7-12.2 GHz downlink band, consistent with
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- by Citizens, Day and Highberger regarding the perceived unhealthy exposure of local residents to RF radiation from both KRKO(AM)\rquote s and CAAM\rquote s facilities, we observe that CAAM\rquote s engineering consultants have established that operation of both KRKO(AM) and CAAM\rquote s new AM station at the site will comply with the RF radiation exposure limitations contained in Sections 1.1307(b) and 1.1310 of the Rules}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \i\fs22 }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 with the following provisos.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs23\fs22\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 47 C.F.R. \'a7\'a7 1.1307(b), 1.1310. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See also}{\rtlch\fcs1 \af0 \ltrch\fcs0 OST/OET Bulletin No. 65, \'93Evaluating Compliance with FCC-Specified Guidelines
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- FRN: 0007714009 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 4, 2011 By the District Director, Denver District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Frandsen Media Company, LLC (``Frandsen''), licensee of FM broadcast station KGNT in Smithfield, Utah, apparently willfully and repeatedly violated section 1.1310 of the Commission's rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the
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- renewal applications. For the reasons set forth below, we grant the Objection to the extent indicated herein and otherwise deny, grant the renewal applications for the limited term of twelve (12) months from the release date of this letter, conditioned on Visionary's implementation of a radio frequency radiation (``RFR'') training program, and grant the covering license applications. BACKGROUND 2. Section 1.1310 of the Commission's Rules (``Rules'') sets maximum permissible exposure (``MPE'') levels of human exposure to RFR. The Rules provide for separate MPE limits for areas of ``occupational/controlled'' exposure and areas for ``general population/uncontrolled'' exposure. Licensees can demonstrate compliance by restricting public access to areas where RFR exceeds the public MPE limits. 3. KAOI-FM. Vockrodt-Moran is an employee of the Arboretum.
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- band. See Motorola Ex Pane Filing of December 22, 1999 at 5. We note that historically-followed coordination procedures, requiring cooperation and accommodation by both commercial and public safety entities, may resolve many instances of potential interference. 257 47 C.F.R. 27.52. 258 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Red 15123 (1996); First Memorandum Opinion and Order, 11 FCC Red 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Red 13494 (1997) (RF Guidelines Second Reconsideration Order). 520 Federal Communications Commission FCC 00-5 transmitters: (1)
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- could result in imposition of operating restrictions upon the amateur station by a District Director pursuant to 97.121 of this part. Geographical coordinates of the facilities that require protection are listed in 0.121(c) of this chapter. * * * (2) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the limits contained in 1.1310 of this chapter in accessible areas, the licensee must take action to prevent human exposure to such RF electromagnetic fields. Further information on evaluating compliance with these limits can be found in the FCC's OET Bulletin Number 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields." 4. Section 97.17 is amended by revising paragraph (a) to
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- observation tower and in areas outside the fence surrounding the tower that were accessible to the public. In addition, the agents found that A-O had not complied with special RFR operating conditions set forth in its license. The Commission proposes that A-O be held liable for a $10,000 forfeiture for exceeding the RFR exposure limits in apparent violation of Section 1.1310 of the Commission's Rules. The Commission also proposes that A-O be held liable for an $8,000 forfeiture for failure to install Emergency Alert System equipment in apparent violation of Section 11.35 of the Commission's Rules, a $7,000 forfeiture for failure to have a main studio in apparent violation of Section 73.1125 of the Commission's Rules, and a $3,000 forfeiture for
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- public by more than 300% on the observation tower and in areas outside the fence surrounding the tower that were accessible to the public. In addition, the agents found that A-O had not complied with special RFR operating conditions set forth in its license. The forfeiture against A-O includes $10,000 for exceeding the RFR exposure limits, in violation of Section 1.1310 of the Commission's Rules; $6,400 for failure to install Emergency Alert System equipment, in violation of Section 11.35 of the Commission's Rules: $5,600 for failure to have a main studio, in violation of Section 73.1125 of the Commission's Rules; and $3,000 for failure to have adequate transmission system control, in violation of Section 73.1400 of the Commission's Rules. Action by
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- No. EB-03-HL-092 NAL/Acct. No. 200432860004 FRN 0003474947 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 22, 2004 By the Resident Agent, Honolulu Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Capstar TX Limited Partnership (``Capstar''), licensee of station KIKI-FM, 93.9 MHz, in Honolulu, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Capstar is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND The RFR Rules. Section 1.1310
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- No. EB-04-TP-161 NAL/Acct. No. 200532700004 FRN 0001529627 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 5, 2005 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entravision Holdings, LLC (``Entravision''), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Entravision is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). BACKGROUND Entravision, licensee of station
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- No. 200532700005 FRN 0004036711 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 5, 2005 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Corporation of Florida (``Infinity''), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Infinity is apparently liable for forfeiture in the amount of twenty thousand dollars ($20,000). BACKGROUND Infinity, licensee of station
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- APPARENT LIABILITY FOR FORFEITURE Released: January 6, 2005 By the District Director, Denver District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing LLC (``Cumulus''), licensee of KEKB(FM), 99.9 MHz, Fruita, Colorado, KBKL(FM), 107.9 MHz, Grand Junction Colorado, and KMXY(FM), 104.3 MHz, Grand Junction, Colorado, apparently willfully violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Cumulus is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND Section 1.1310 of the Rules
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- NAL/Acct. No. 200532860001 FRN: 0005410295 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 4, 2005 By the Resident Agent, Honolulu Resident Agent Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Visionary Related Entertainment, L.L.C. (``Visionary''), licensee of FM Broadcast station KAOI-FM, in Wailuku, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Visionary is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). We also consider a complaint
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- 503(b). Salem Communications of Hawaii, Inc., is the licensee of KAIM-FM. As he passed through the gate of the fence to the main studio, the Honolulu agent noted that his personal radiofrequency radiation (``RFR'') monitor LED lit at various places within this area, indicating the RFR in the area likely exceeded the public RFR maximum permitted exposure limit. See Section 1.1310 of the Rules, 47 C.F.R. 1.1310. The agent did find a hand-written sign posted next to the door stating ``Be back in one hour.'' The sign was not dated and gave a cellphone number to contact. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the
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- FRN: 0007512528 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Minority Business & Housing Development, Inc. (``MBHD''), licensee of FM radio station WYGG in Asbury Park, New Jersey, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules), by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. We conclude, pursuant to Section
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- No. 200832860002 FRN: 0005410295 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 20, 2008 By the Resident Agent, Honolulu Resident Agent Office, Western Region, Enforcement Bureau: INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Visionary Related Entertainment, L.L.C. (``Visionary''), licensee of FM Broadcast station KNUQ(FM), in Paauilo, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Visionary is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND 2. The RFR Rules.
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- 6) The Applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set forth in 47 C.F.R. 1.1307(b); or, (2) have been found not to cause human exposure to levels of radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093; or, (3) are the subject of one or more Environmental Assessments filed with the Commission. 7) The Applicant certifies that it has reviewed the appropriate Commission Rules defining eligibility to hold the requested license(s), and is eligible to hold the requested license(s). 8) The Applicant certifies that it is not in default on any payment for Commission licenses
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- laws) that will utilize high intensity aviation obstruction lighting A facility located in an officially designated wilderness area, wildlife preserve, or floodplain A facility that affects a site significant in American history A facility whose construction involves extensive changes in surface features Facilities, operations, or transmitters (not otherwise excluded) that would cause non- compliance with the limits specified in 1.1310 Item 49a Applicants filing for a new or modified fixed station located in one of the Quiet Zone areas listed below must notify the proper authority and indicate the date such notification was sent in Item 49a. Those applications who are proposing to modify other technical parameters (including, but not limited to frequency, power, antenna height, etc.) of their system
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- Commission's Rules to MetroPCS AWS, LLC (``MetroPCS''), the licensee of station WQGA731 in Queens Village, New York. On May 11, 2010, in response to a complaint, staff from the Enforcement Bureau's Philadelphia Office and the FCC's Office of Engineering Technology inspected MetroPCS's transmitting facility located at 216-19th Avenue, Queens Village, New York, and observed the following violation: 47 C.F.R. 1.1310: ``Radiofrequency radiation exposure limits. The criteria listed in table 1 shall be used to evaluate the environmental impact of human exposure to radiofrequency (RF) radiation as specified in 1.1307(b) . . . .'' During the inspection, agents observed that station WQGA731 operated with a panel antenna located on the roof of the building located at 216-19 90th Avenue. The
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- over the existing tower or towers. An EA would also be required for changes to existing towers involving: (1) a change to steady-burning lighting; (2) a change to high-intensity white lighting in a residentially zoned neighborhood; (3) addition of lighting; or (4) human exposure to levels of radio frequency (RF) radiation in excess of the limits in 47 CFR 1.1310 and 2.1093. Every EA would need to consider, in addition to other potential environmental effects, the effects that the project would have on migratory birds and Bald and Golden Eagles. Under Option A, the only projects that would be categorically excluded from preparation of an EA would be those that propose: (1) a change from red steady-burning to flashing lights
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- Building-mounted antennas: power > 1640 W EIRP LMDS and 24 GHz Service licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio-frequency exposure specified in 1.1310 of this chapter * * * * * PART 2 - FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for Part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is amended by revising pages 71
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- 271. 286 47C.F.R.332(c)(7)(B)(i). 287 CfRealAccessAllianceCommentsatvii.(arguingthattheCommissionhasalreadyexceededitsauthorityand violatedtheFifthAmendmentbyextendingtheOTARDrulestoincludeleasedpropertyandwillfurthercompound theerrorbyextendingtherulestoincludenewservices). 23034 CommunicationsCommission FCC antennasusedforthepurposesspecifiedinSection207didnoteffectatakingofthepremisesowner's propertywithinthemeaningoftheFifthAmendmentbecausebyleasinghisorherpropertytoatenant, thepropertyownervoluntarilyandtemporarilyrelinquishestherightstopossessandusethepropertyand retainstherighttodisposeoftheproperty.288Thus,noneoftheovroer'spropertyrightsareeffectively impactedbyapermanentphysicaloccupationofhisproperty,becausethelandlordvoluntarily relinquishestwoofthoserights(possessingandusing)andisfreetoretainthethirdright(disposingof theproperty)whenenteringintoalease.Therefore,wedidanddonotbelievethatitconstitutedaperse takingtoprohibitleaserestrictionsthatwouldimpairatenant'sabilitytoinstall,maintain,orusea Section207receptiondevicewithintheleasehold.Indeed,wefoundthatprohibitingrestrictionsonthe installationofasatellitedishorotherSection207devicewasindistinguishableinaconstitutionalsense fromprohibitingrestrictionsontheinstallationof"rabbitears"-aSection207receptiondevice-onthe topofatelevisionset.289Forsimilarreasons,weconcludethatthereisnotakinghere. c. OtherIssues 117. Werecognizethattoday'srevisionoftheOTARDruleswillextendthebenefitsofthat rulestofixedwirelessdevicesthathavethecapabilitytotransmitaswellasreceivesignals.We emphasizethatallFCC-regulatedtransmitters,includingthesubscriberterminalsusedinfixedwireless systems,arerequiredtomeettheapplicableCommissionguidelinesregardingradiofrequencyexposure limits.290WealsoreiteratethattheOTARDrulesprovideanexceptionfor"aclearlydefined,legitimate safetyobjective"providedtheobjectiveisarticulatedintherestrictionorreadilyavailabletoantenna usersandisappliedinanon-discriminatorymannerandisnpmoreburdensomethannecessaryto achievethearticulatedobjectives.291Webelieveitisincumbentuponfixedwirelesslicensees,including satelliteproviders,toexercisereasonablecaretoprotectusersandthepublicfromradiofrequency exposureinexcessoftheCommission'slimits.Generally,weexpectsubscriberantennastobeinstalled sothatneithersubscribersnorotherpersonsareeasilyabletoventureintoandinterruptthetransmit beams.Suchinterruptionscandegradethequalityofservicetothesubscriberandultimatelyreducethe valueofthecarrier'sservice.Thus,providershaveeconomicincentivestoavoidtemporaryinterruptions ofsignalqualitythatarelikelytomotivatethemtoinstallantennasinlocationswheresuchinterruptions arelesslikelytooccur. 118. Inaddition,asaconditionofinvokingprotectionundertheOTARDrulesfrom government,landlord,andassociationrestrictions,alicenseemustensurethatsubscriberantennasare labeledtogivenoticeofpotentialradiofrequencysafetyhazardsoftheseantennas.Wehavepreviously adoptedlabelingrequirementsforLMDS,MDS,ITFS,and24GHzserviceantennas,whicharetypesof transceiversthatcanbeplacedatasubscriber'spremises.292Labelinginformationshouldinclude 288 See ImplementationofSection207oftheTelecommunicationsActof1996andRestrictionsonOver-the-Air ReceptionDevices:TelevisionBroadcast,MultichannelMultipointDistributionandDirectBroadcastSatellite Services,SecondReportandOrderinCSDocketNo.96-83,13FCCRed23874,23883-85, (1998) (OTARDSecondReportandOrder). WenotethatthisholdingisbeingappealedintheU.S.CourtofAppealsinthe D.C.Circuit. 289Id. 290 See GuidelinesforEvaluatingtheEnvironmentalEffectsofRadiofrequencyRadiation,ETDocketNo.93-62, ReportandOrder, 11FCCRed15123,15124,15152(1996);47C.F.R.1.l307(b)(1),1.1310. 291 47C.F.R.1.4000(b). 292 See RulemakingtoAmendParts1,2,21,and25oftheCommission'sRulestoRedesignatethe27.5-29.5GHz FrequencyBand,ToReallocatethe29.5-30.0GHzFrequencyBand,ToEstablishRules Policies Local (continued....) 23035 FederalCommunicationsCommission FCC00-366 minimumseparationdistancesrequiredbetweenusersandradiatingantennastomeettheCommission's radiofrequencyexposureguidelines. LabelsshouldalsoincludereferencetotheCommission's applicableradiofrequencyexposureguidelines. In addition,theinstructionmanualsandother informationaccompanyingsubscribertransceiversshouldincludeafullexplanationofthelabels,aswell asareferencetotheapplicableCommissionradiofrequencyexposureguidelines.Whilewewi11require licenseestoattachlabelsandprovideuserswithnoticeofpotential1yharmfulexposuretoradiofrequency electromagneticfields,wewillnotmandatethespecificlanguagetobeused.However,wewillrequire useoftheANSI-specifiedwarningsymbolforradiofrequencyexposure.293 119. Moreover,itisrecommendedthattwo-wayfixedwirelesssubscriberequipmentbe installedbyprofessionalpersonnel,therebyminimizingthepossibilitythattheantennawil1beplacedin alocationthatislikelytoexposesubscribersorotherpersonstothetransmitsignalatcloseproximity andforanextendedperiodoftiine.294Totheextentthatlocalgovernments,associations,andproperty ownerselecttorequireprofessionalinstallationfortransmittingantennas,theusualprohibition295ofsuch requirementsundertheOTARDruleswil1notapply.296 120. WealsonotethattheCommissionplanstoinitiatearulemakingproceedingtoreview and,wherenecessary,harmonizetheCommission'sregulationsconcerningtransceiverequipment approvalforradiofrequencyexposure. (Continuedfrompreviouspage)------------- MultipointDistributionServiceandforFixedSatelliteService,CCDocketNo.92-297, SecondReportandOrder, OrderonReconsideration,andFifthNoticeofProposedRulemaking,12FCCRcd12545,12670, 295(1997) (LMDSOrder);AmendmentofParts21and74toEnableMultipointDistributionServiceandInstructional TelevisionFixedServiceLicenseestoEngageinFixedTwo-WayTransmissions,MMDocketNo.97-217, Report andOrder,13FCCRcd19112,19129, 37(1998)(MDSIITFSOrder);AmendmenttoParts1,2,87and101ofthe Commission'sRulestoLicenseFixedServicesat24GHz,WTDocketNo.99-327, ReportandOrder,FCC00-272 (reI.August1,2000);47C.F.R.1.1307(b)(l). 293 SeeEvaluatingCompliancewithFCCGuidelinesforHumanExposuretoRadiofrequencyElectromagnetic Fields,FCCOfficeofEngineeringandTechnology(OET),OETBulletin65,August,1997,at53(availableat http://www.fcc.gov/oet/info/documents/bulletins/#65). 294 See,e.g.,LMDSOrder,12FCCRcdat12670.Wenotethatprofessionalinstallationisinfactrequiredfor certainantennasusedforMDSandITFSundertheCommission'srules. See47C.F.R.21.909(n),74.939(p). 295 See,e.g.,DeclaratoryRulingInreMacDonald,13FCCRcd4844,4853, 28(CSB,1997)(prohibitingalocal governmentregulationrequiringOTARDuserstohireaninstaller). 296IntheLMDSandMMDSproceedings,wealsostronglyencouragedtheuseofsafetyinterlockfeaturesonthe
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- * Satellite Communications (part 25) All included. In addition, for NGSO subscriber equipment, licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in 1.1310 of this chapter. * * * * * * * * * * * * PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is
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- Regulations to Reduce Alien Interference Between Fixed-Satellites at Reduced Orbital Spacings and to Revise Application Processing Procedures for Satellite Communications Services, First Report and Order, CC Docket No. 86-496, 6 FCC Rcd 2806, 2811 (paras. 33-34) (1991). DISCO I Order, 11 FCC Rcd 2429. National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. See 47 C.F.R. 1.1310. See also Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). 47 C.F.R. 1.1307(b)(3)(i). For the information required in an environmental assessment, see Section 1.1311 of the Commission's rules, 47 C.F.R. 1.1311. For the RF radiation
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- in Table 1 of Section 1.1307(b). Criteria for evaluation of mobile and portable devices are specified in Sections 2.1091 and 2.1093, respectively. Note that, in the case of fixed and base stations in this service, 1,000 watts ERP can also be expressed as the equivalent 1,640 watts EIRP. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 219700 MHz First Report and Order at para.
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- in Table 1 of Section 1.1307(b). Criteria for evaluation of mobile and portable devices are specified in Sections 2.1091 and 2.1093, respectively. Note that, in the case of fixed and base stations in this service, 1,000 watts ERP can also be expressed as the equivalent 1,640 watts EIRP. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 700 MHz First Report and Order at para.
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- the experimentation in Section 73.1510(c)(6) are notably inconsistent with the services envisioned by the DDSA. We include in these entities an LPTV station to provide service to the designated locations in Alaska. See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R. 1.1307(b)(1), 1.1310. Under 47 U.S.C. 336(h)(3)(B), the Commission must establish procedures ``for testing interference to digital television receivers caused by any pilot project station or remote transmitter.'' 47 U.S.C. 336(h)(3)(F). Under 47 U.S.C. 336(h)(5)(A): The Commission may limit the provision of digital data service by a low-power television station to which this subsection applies if the Commission finds that--
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- zoning law. In addition, section 1.1307(b) provides that Commission actions granting construction permits, 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,
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- MO&O and FNPRM at 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, 106; see also Upper 700 MHz MO&O and FNPRM at 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, 111. See supra para. 43. These existing requirements are found in 47 CFR 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report and
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- representative the Commission can call in the event of interference; d) transmitter power output; if separate analog and digital transmitters are used, the power output for each transmitter; e) a certification that analog effective radiated power remains as authorized; f) a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and g) if applicable, any power reduction in an AM station's primary digital
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- 27.53(f). NTIA AWS Assessment at 6. For example, the cellular pairing at 824-849/869-894 MHz is codified at 47 C.F.R. 22.905. The broadband PCS pairing at 1850-1910/1930-1990 MHz has not been similarly codified, but as a practical matter, broadband PCS operate using the lower band for mobile transmit and the upper band for base station transmit. See 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in OET Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01) was issued on August 25,
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- New Mexico ) FRN # 0005-0204-74 Facility ID #89049 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 14, 2002 Released: November 18, 2002 By the Commission: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that A-O Broadcasting Corporation (``A-O''), licensee of FM radio station KTMN, Cloudcroft, New Mexico, apparently willfully and repeatedly violated Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control. We conclude, pursuant to Section 503(b) of the Communications Act of 1934,
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- control, and questions of control will necessarily turn on the specific circumstances of the particular arrangement. See, e.g., La Star Cellular Telephone Company, 9 FCC Rcd 7108, 7109 13 (1994) (wireless radio case); Stereo Broadcasters, Inc., 55 FCC 2d 819, 822 7 (1975) (broadcast case). See Section IV.A.5.a, infra. 47 C.F.R. 1.1307(b). See also 47 C.F.R. 1.1310, 2.1093 (exposure limits generally applicable to all facilities, operations, and transmitters regulated by the Commission). We note that this is consistent with current policies regarding a licensee's use of its own agents to carry out certain licensee responsibilities. As we discuss below, the licensee responsibilities outlined under this new de facto control standard cannot be delegated to spectrum lessees or
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- control, and questions of control will necessarily turn on the specific circumstances of the particular arrangement. See, e.g., La Star Cellular Telephone Company, 9 FCC Rcd 7108, 7109 13 (1994) (wireless radio case); Stereo Broadcasters, Inc., 55 FCC 2d 819, 822 7 (1975) (broadcast case). See Section IV.A.5.a, infra. 47 C.F.R. 1.1307(b). See also 47 C.F.R. 1.1310, 2.1093 (exposure limits generally applicable to all facilities, operations, and transmitters regulated by the Commission). We note that this is consistent with current policies regarding a licensee's use of its own agents to carry out certain licensee responsibilities. As we discuss below, the licensee responsibilities outlined under this new de facto control standard cannot be delegated to spectrum lessees or
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- in which the general public may be exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware of the potential for exposure or cannot exercise control over their exposure.'' To make it easier for our licensees and grantees to interpret their responsibilities, we propose to explain in a note to Section 1.1310 of our rules that ``fully aware'' means that an exposed individual has received written and verbal information concerning the potential for RF exposure and has received training regarding appropriate work practices relating to controlling or mitigating his or her exposure. As specified in the rules, transient individuals must simply be made aware of their exposure. This could be achieved by
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- with all applicable antenna and structural clearance requirements established in Part 17 of the Commission's rules. ATC base stations and mobile terminals shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in 1.1307(b) and 1.1310 of the Commission's rules for PCS networks. ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. (b) Applicants for an ancillary terrestrial component shall demonstrate compliance with the following criteria through certification: (1) Geographic and Temporal Coverage. (i) For
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- with all applicable antenna and structural clearance requirements established in Part 17 of the Commission's rules. ATC base stations and mobile terminals shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in 1.1307(b) and 1.1310 of the Commission's rules for PCS networks. ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. (b) Applicants for an ancillary terrestrial component shall demonstrate compliance with the following criteria through certification: (1) Geographic and Temporal Coverage. (i) For
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- with all applicable antenna and structural clearance requirements established in Part 17 of the Commission's rules. ATC base stations and mobile terminals shall comply with Part 1 of the Commission's rules, Subpart I - Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in 1.1307(b) and 1.1310 of the Commission's rules for PCS networks. ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. (b) Applicants for an ancillary terrestrial component shall demonstrate that the applicant does or will comply with the following criteria through certification: (1)
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- the Application for Review filed by EMR Network IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary We consider herein both the Application for Review filed by EMR Network and its Supplement to that application. Letter from Bruce A. Franca to James R. Hobson, December 11, 2001 (``Dismissal letter''). 42 U.S.C. 4321 et seq. (1976). 47 C.F.R. 1.1307(b), 1.1310, 2.1091, and 2.1093. Report and Order in GEN Docket 79-144 (RF Report and Order I), 100 F.C.C. 2d 543 (1985); Memorandum Opinion and Order in GEN Docket 79-144, FCC 85-467, released August 22, 1985, 58 RR 2d 1128 (1985). Report and Order in ET Docket No. 93-62 (RF Report and Order II), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion
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- and Their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. To Provide a Fixed Service in the 12.2 - 12.7 GHz Band, Fourth Memorandum Opinion and Order, 18 FCC Rcd 8428 (2003). We note that some cellular handsets available today already approach the specific absorption rate limits specified in our rules. See 47 C.F.R. 1.1310, 2.1091, and 2.1093. Therefore, commenters who advocate higher power level for cellular handsets may wish to consider whether other design considerations can compensate for increased power levels so that such handsets do not violate our electromagnetic radiation exposure rules. >. >. >. Many commercial wireless licenses have site-based incumbents, including the 220 MHz, 800 MHz SMR, and paging services. 47
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- and power > 1640 W EIRP Building-mounted antennas: power > 1640 W EIRP, licensees are required to attach a label to transceiver antennas that (1) provides adequate notice regarding potential radiofrequency safety hazards, e. g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio-frequency exposure specified in 1.1310. PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS The authority citation for part 2 continues to read as follows: Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Revise pages 81 through 83. b. In the list of United States (US)
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- a preliminary observation it appears that the Commission likely will have to impose far more rigorous limitations on AWS out-of-band emissions into any relocated MDS channels in the 2155-2180 MHz band than the Commission imposes on AWS out-of-band emissions within the AWS band.'' Id. AWS Service Rules NPRM, 17 FCC Rcd at 24161 68; see also 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in OET Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01) was issued on August 25,
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- California ) Facility ID # 26231 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 20, 2003 Released: October 22, 2003 By the Commission: Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that the captioned licensees of broadcast stations operating from the Mt. Wilson transmitter site in Los Angeles, California, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that AMFM Radio Licenses, L.L.C. (``AMFM''), licensee of FM radio station KBIG-FM, Radio One Licenses, LLC (``Radio One''), licensee of FM
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- 0005-0204-74 Facility ID #89049 ) FORFEITURE ORDER Adopted: December 22, 2003 Released: December 29, 2003 By the Commission: I. Introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to A-O Broadcasting Corporation (``A-O''), former licensee of FM radio station KTMN, Cloudcroft, New Mexico, for willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules''). The noted violations involve A-O's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control. On November 18, 2002, the Commission
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- unlicensed operation on a primary basis for unassigned ITFS spectrum. See paras. 79-82, supra. WCA Comments in ET Docket No. 02-135, at 10. Unlicensed NOI, 14. See paras.79-82, supra. 47 C.F.R. 15.205. See 47 C.F.R. 1.1307(b)(2), 2.1091(c) and 2.1093(c). See Coalition Proposal at 20, n.51 and 26. The existing requirements are located in 47 C.F.R. 1.1307(b), 1.1310, 2.1091 and 2.1093. Coalition Proposal at 56. With regard to the Coalition's request to convert the database, we note that the Wireless Bureau has asked MDS and ITFS licensees to review their license data, including coordinate data, to determine if it is correct. See Wireless Telecommunications Bureau Seeks to Verify ITFS, MDS and MMDS License Status and Pending Applications, Public
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- unlicensed operation on a primary basis for unassigned ITFS spectrum. See paras. 79-82, supra. WCA Comments in ET Docket No. 02-135, at 10. Unlicensed NOI, 14. See paras.79-82, supra. 47 C.F.R. 15.205. See 47 C.F.R. 1.1307(b)(2), 2.1091(c) and 2.1093(c). See Coalition Proposal at 20, n.51 and 26. The existing requirements are located in 47 C.F.R. 1.1307(b), 1.1310, 2.1091 and 2.1093. Coalition Proposal at 56. With regard to the Coalition's request to convert the database, we note that the Wireless Bureau has asked MDS and ITFS licensees to review their license data, including coordinate data, to determine if it is correct. See Wireless Telecommunications Bureau Seeks to Verify ITFS, MDS and MMDS License Status and Pending Applications, Public
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- Building-mounted antennas: power > 1640 W EIRP. BRS and EBS licensees are required to attach a label to subscriber transceiver or transverter antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in 1.1310. Wireless Communications Service (Part 27) ....................... (1) For the 1390-1392 MHz, 1392-1395 MHz, 1432-1435 MHz 1670-1675 MHz and 2385-2390 MHz bands: Non-building-mounted antennas: height above ground level to lowest point of antenna <10m and total power of all channels > 2000 W ERP (3280 W EIRP). Building-mounted antennas: total power of all channels >2000 W ERP (3280 W EIRP). (2)
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- be codified at 47 C.F.R. 24.229(c).). Licensees operating mobile systems would therefore be prohibited from operating base stations in the 2020-2025 MHz band. See AWS 1.7 and 2.1 GHz Service Rules Order, 18 FCC Rcd at 25202 103. AWS 1.7 and 2.1 GHz Service Rules NPRM, 17 FCC Rcd at 24161 68; see also 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in OET Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01) was issued on August 25,
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- forfeitures of ten thousand dollars ($10,000) each against Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of FM radio station KRTH-FM, Telemundo of Los Angeles License Corporation (``Telemundo''), licensee of TV station KWHY-TV, and Radio One Licenses, LLC (``Radio One''), licensee of FM radio station KKBT, all serving Los Angeles, California, (collectively ``Mt. Wilson Licensees'') for willful and repeated violations of Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. On October 22, 2003, the Commission issued a Notice of Apparent Liability for Forfeiture (``NAL'') to AMFM Radio Licenses, L.L.C. (``AMFM''), licensee of FM radio station KBIG-FM, Infinity, Telemundo, and Radio One for forfeitures in
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- available 24 hours a day, seven days a week, with authority and ability to cease all emissions from the ESVs, either directly or through the facilities of a U.S. Hub or a Hub located in another country with which the U.S. has a bilateral agreement that enables such cessation of emissions. (9) ESVs that exceed the radiation guidelines of Section 1.1310 Radiofrequency radiation exposure limits must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. (10) ESV operators transmitting in the 5925-6425 MHz (Earth-to-space) frequency bands to geostationary satellites in the fixed-satellite service shall not seek to coordinate, in any geographic location, more than 36 MHz of uplink bandwidth on
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- available 24 hours a day, seven days a week, with authority and ability to cease all emissions from the ESVs, either directly or through the facilities of a U.S. Hub or a Hub located in another country with which the U.S. has a bilateral agreement that enables such cessation of emissions. (9) ESVs that exceed the radiation guidelines of Section 1.1310 Radiofrequency radiation exposure limits must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. (10) ESV operators transmitting in the 5925-6425 MHz (Earth-to-space) frequency bands to geostationary satellites in the fixed-satellite service shall not seek to coordinate, in any geographic location, more than 36 MHz of uplink bandwidth on
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- examples in the record, and we conclude that a ground station maximum power limit of 500 Watts ERP and an airborne mobile station maximum power limit of 12 Watts ERP will allow a licensee to deploy CDMA2000 1xEV-DO and/or FLASH-OFDM with an ample margin. Installations will also be subject to the radiofrequency radiation exposure limits rules set forth in Section 1.1310 of the Commission's rules. Potential for interference with adjacent services. We next address the potential for interference to existing services operating in the spectrum adjacent to the air-ground service. A number of parties, including AirCell, CTIA-The Wireless Association (CTIA), Motorola, Nextel Communications, Inc. (Nextel), QUALCOMM, and The Association of Public-Safety Communications Officials International, Inc. (APCO), filed comments regarding the possibility
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- examples in the record, and we conclude that a ground station maximum power limit of 500 Watts ERP and an airborne mobile station maximum power limit of 12 Watts ERP will allow a licensee to deploy CDMA2000 1xEV-DO and/or FLASH-OFDM with an ample margin. Installations will also be subject to the radiofrequency radiation exposure limits rules set forth in Section 1.1310 of the Commission's rules. Potential for interference with adjacent services. We next address the potential for interference to existing services operating in the spectrum adjacent to the air-ground service. A number of parties, including AirCell, CTIA-The Wireless Association (CTIA), Motorola, Nextel Communications, Inc. (Nextel), QUALCOMM, and The Association of Public-Safety Communications Officials International, Inc. (APCO), filed comments regarding the possibility
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- Released: January 3, 2005 By the Commission: Introduction In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by A-O Broadcasting Corporation (``A-O''), former licensee of FM radio station KTMN, Cloudcroft, New Mexico, of our Forfeiture Order issued December 29, 2003, in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules''). The noted violations involve A-O's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers, failing to have Emergency Alert System (``EAS'') equipment installed and operating, failing to maintain a main studio, and failing to have adequate transmission system control. Background On November
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- Zoning Ordinance are Preempted as Impermissible Regulation of Radio Frequency Interference Reserved Exclusively to the Federal Communications Commission, Memorandum Opinion and Order, 2003 WL 2151783 (WTB/2003). . Of course, where the Commission requires professional installation, non-federal third parties are free to make explicit in their rules a reference to this requirement. See, generally, 47 C.F.R. 1.1307 (Table 1) and 1.1310. Id. See 47 C.F.R. 1.4000(b),(c). See also paragraph 9, supra and In the Matter of Victor Frankfurt, 16 FCC Rcd 2875 (CSB 2001), affirmed on review, 18 FCC Rcd. 18,431 (2003) (Petition for Declaratory Ruling under 47 C.F.R. 1.4000). Legitimate safety requirements may satisfy the exception. See 47 C.F.R. 1.4000(c). Clearly-defined, legitimate safety restrictions are permitted even
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- human contact, while mobile transmitters are those that operate at distances greater than, or equal to, 20 cm from human contact. Furthermore, portable devices are typically required to comply with Specific Absorption Rate (SAR) limits, while mobile devices are required to comply with power density limits, as defined in 2.1093 and 2.1091, respectively, of the rules. See 47 C.F.R. 1.1310 for details concerning the commission's rules related to human exposure. See letter dated November 2, 1999 from William T. Hatch, Acting Associate Administrator, NTIA to Dale Hatfield, Chief, OET ("November NTIA letter"). The coordinates of each site are: St. Inigoes, MD (38o 10' N., 76o, 23' W.); Pascagoula, MS (30o 22' N., 88o, 29' W.); and Pensacola, FL (30o 21'
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- satellites do not constitute a reason to reject any of the proposals in the Notice and Further Notice. Spacenet Further Comments at 23-24. 47 C.F.R. 25.210(j)(1). Notice, 15 FCC Rcd at 25154 (para. 82), citing National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. Notice, 15 FCC Rcd at 25154-55 (para. 82), citing 47 C.F.R. 1.1310; Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). Notice, 15 FCC Rcd at 25155 (para. 82), citing 47 C.F.R. 1.1307(b)(3)(i). Notice, 15 FCC Rcd at 25155 (para. 83), citing 47 C.F.R. 25.113(b) (new earth station
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- satellites do not constitute a reason to reject any of the proposals in the Notice and Further Notice. Spacenet Further Comments at 23-24. 47 C.F.R. 25.210(j)(1). Notice, 15 FCC Rcd at 25154 (para. 82), citing National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. Notice, 15 FCC Rcd at 25154-55 (para. 82), citing 47 C.F.R. 1.1310; Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, Report and Order, ET Docket No. 93-62, 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). Notice, 15 FCC Rcd at 25155 (para. 82), citing 47 C.F.R. 1.1307(b)(3)(i). Notice, 15 FCC Rcd at 25155 (para. 83), citing 47 C.F.R. 25.113(b) (new earth station
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- law. Section 1.1307(b) provides that Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations, or modifications in existing facilities require the preparation of an EA if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency (RF) emissions in excess of the guidelines that the Commission has adopted. See 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1306(a). 47 C.F.R. 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will require that an EA
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- of TV station KWHY-TV, and Radio One Licenses, LLC (``Radio One''), licensee of FM radio station KKBT, all serving Los Angeles, California, (collectively ``Mt. Wilson Licensees'') of a Forfeiture Order issued in this proceeding on December 10, 2004. The Forfeiture Order assessed monetary forfeitures of $10,000 against each of the Mt. Wilson Licensees for willful and repeated violations of Section 1.1310 of the Commission's Rules (``Rules'') by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. In this Order, we consider the various issues raised in the Infinity, Telemundo and Radio One petitions, and for the reasons we set forth below we deny the petitions and affirm the Commission's findings of
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- this Memorandum Opinion and Order (``Order''), we deny the application for review filed by Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau (``Bureau''), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violations involve Americom's failure to comply with the radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. In this case, we affirm the Bureau's decision in the Forfeiture Order.
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- GHz limits. The 60 GHz emission limits were based on industry recommendations that the Commission believed would not expose the public to RF fields in excess of the safety standards. See First Report and Order and Second Notice of Proposed Rule Making in ET Docket No. 94-124, supra, at 18-19. See, also, 47 C.F.R. 15.255(g). See 47 C.F.R. 1.1310. See also, Guidelines for Evaluation the Environmental Effects of Radiofrequency Radiation, Report and Order, ET Docket 93-62, 11 FCC Rcd 15123 (1996). When well matched to body tissues impedance, a small antenna has the tendency to produce a denser ``hot spot'' (where energy is concentrated) than a larger antenna that covers a larger volume or exposure region where the energy
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- C.F.R. Part 20; see also 47 C.F.R. 27.3(g). See, e.g., 700 MHz Second Report and Order at section III.C.4.c.iii. See Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 02-353, Notice of Proposed Rulemaking, 17 FCC Rcd 24135, 24161 68 (2002) (``AWS-1 Service Rules NPRM''); see also 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1307(b). Similarly, sections 2.1091 and 2.1093 require environmental evaluation of certain mobile and portable transmitters prior to equipment authorization or use. See 47 C.F.R. 2.1091, 2.1093. The Commission provides guidance on acceptable methods of evaluating compliance with exposure limits in Office of Engineering and Technology (OET) Bulletin No. 65. OET Bulletin No. 65 (Edition 97-01)
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- in its 2006 Petition for Rulemaking, however, do not mention any requirement to demonstrate compliance with the environmental regulations provisions of the Commission's rules. Specifically, under Section 1.1307(b) licensees are required to prepare an Environmental Assessment (EA) if a particular facility, operation, or transmitter would cause human exposure to levels of RF fields in excess of limits specified in section 1.1310. Currently, all licensees in the Satellite Communications Service (Part 25 of the Commission's rules) are required to perform a routine environmental evaluation to determine compliance with the exposure limits. The 2001 Public Notice sought comment on a proposal by the SDARS licensees to allow SDARS repeaters to operate at power levels up to 2000 W EIRP before becoming subject to
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- antenna; (9) if applicable, for FM systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits specified in 73.317; (10) a certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment ("EA") pursuant to 1.1311 and may not commence IBOC operation until such EA is ruled upon by the Commission. * * * * * 73.1201 Station Identification. (b) Content. (1) Official
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- FSS systems as well as the possible trade-offs between relaxing off-axis E.I.R.P.-density limits in directions away from the GSO plane, and the types, sizes and costs of antenna technology that might be used to provide VMES services under existing versus relaxed power-density limits. Radiation Hazard Requirements Section 25.222(a)(9) of the rules requires ESVs that exceed the radiation guidelines of section 1.1310 to provide an environmental assessment and a plan for mitigation of radiation exposure to the extent required to meet those guidelines. The mounting of earth stations on vehicles may pose the possibility of human exposure to radiofrequency (``RF'') radiation. We ask commenters to describe what radiation hazard concerns may exist, and what steps should be taken to resolve any potential
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- Contains rules applicable to common carriers, including application filing requirements for international section 214 authorizations. Part 64 - Miscellaneous Rules Relating to Common Carriers - Subpart J contains rules regarding the Commission's settlements policy. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE OFFICE OF ENGINEERING AND TECHNOLOGY (OET) ET Docket No. 08-180 Part 1 - Practice and Procedure - Sections 1.1307, 1.1310, and 1.1311 set forth radiofrequency safety portions of procedures for implementing the National Environmental Policy Act of 1969. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations - Establishes procedures for authorization of radio equipment, defines terms for radio services and contains the Table of Frequency Allocations which identifies what uses are permitted on radio frequency
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- groups with expertise in health-related areas and in standards setting. More recently, the Commission updated its procedures for measuring RF exposure from mobile and portable devices. These procedures are based on the work and recommendations of an expert group of the Institute of Electrical and Electronics Engineers (IEEE). The RF limits for general population/uncontrolled exposure are set forth in Section 1.1310 of the Commission Rules. When these limits are exceeded, licensees are required to cooperate with owners of transmitter sites and other licensees at the same location to take necessary steps to control access to such areas. Background. On August 8, 2008, the EMR Policy Institute (``EMRPI'') filed a petition to deny the applications until the current Guidelines for Evaluating the
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- Media General Further Notice comments at 3. See Shure Further Notice comments at 6. See Shure Further Notice comments at 8. See Professional Audio Manufacturers' Alliance Further Notice comments at 8, Audio Technica Further Notice comments at 9 and Grand Ole Opry and Microphone Interests Coalition Further Notice comments at 2. The standards for RF exposure are contained in Section 1.1310 of the rules. See 47 C.F.R. 1.1310. For the purpose of radiofrequency radiation exposure evaluation, mobile devices are defined as a transmitting device designed to be used in other than fixed locations and to generally be use in such a way that a separation distance of at least 20 centimeters (7.9 inches) is normally maintained between the transmitter's radiating
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- e.g., CTIA Comments at 10. April 700 MHz Order, 22 FCC Rcd at 8103; see also August 700 MHz Order, 22 FCC Rcd at 15417-18. See, e.g., April 700 MHz Order, 22 FCC Rcd at 8103. As we explain above (see supra note 100), licensees will remain subject to our existing environmental regulations. See, e.g., 47 C.F.R. 1.1307 and 1.1310; id. 2.1091 (governing RF radiation exposure evaluation specifically for mobile devices); id. 2.1093 (governing RF radiation exposure evaluation specifically for portable devices). This requirement applies to PCS/AWS base stations and mobile/portable units alike. We also clarify that the calculation method that AWS licensees must use if they choose to continue measuring power in terms of peak values rather
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- of Florida (``Infinity''), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, pursuant to Section 1.115 of the Commission's Rules (``Rules''). Infinity seeks review of the Forfeiture Order issued February 6, 2007, by the Enforcement Bureau South Central Region (``Region'') imposing a monetary forfeiture in the amount of $10,000 on Infinity for the willful and repeated violation of Section 1.1310 of the Rules. The noted violation involved Infinity's failure to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. In this Order, we consider the various arguments raised by Infinity and for the reasons set forth below, we deny the application for review and affirm the Region's finding of liability and the
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- the power limits in Section 25.204(h). (3) There shall be an exhibit included with the application describing the geographic area(s) in which the ESVs will operate. (4) The point of contact information referred to in paragraph (a)(3) and, if applicable, paragraph (a)(6) of this section, must be included in the application. (5) ESVs that exceed the radiation guidelines of Section 1.1310 Radiofrequency radiation exposure limits must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. 4. Section 25.222 is amended in its entirety to read as follows: 25.222 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth)
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- with the power limits in Section 25.204(h). (3) There shall be an exhibit included with the application describing the geographic area(s) in which the ESVs will operate. (4) The point of contact information referred to in paragraph (a)(3) and, if applicable, paragraph (a)(6) ofthis section, must be included in the application. (5) ESVs that exceed the radiation guidelines of Section 1.1310 Radiofrequency radiation exposure limits must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. 4. Section 25.222 is amended in its entirety to read as follows: 25.222 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) receiving in the 10.95- 11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz
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- Frequency Radiation Hazard and Equipment Certification Requirements As discussed below, we require VMES applicants to submit a routine environmental evaluation for radio frequency (``RF'') exposure demonstrating whether VMES terminals, or classes of VMES terminals, will result in power-densities that would exceed the Commission's RF exposure criteria. We require VMES applicants with VMES terminals that exceed the radiation guidelines of section 1.1310 of the rules to provide an environmental assessment and a plan of mitigation of radiation exposure to the extent required to meet those guidelines. We adopt a rule requiring VMES terminals that operate in the United States to be installed by qualified installers and properly labeled. We do not require equipment certification. Radio Frequency Radiation Hazard Requirements VMES Terminals as
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- seq. . Under such an arrangement, we could require the designation of a single person who would be able to respond to interference complaints and who holds the authority to stop any ongoing tests. , supra. We note that all experiments must comply with the Commission's RF safety rules limiting human exposure to RF radiation. See 47 C.F.R. 1.1307(b), 1.1310, 1.1091 and 2.1093. . Given the particular importance of advancing health care and the immense potential that many new medical device proposals hold, we want to find ways to avoid having to evaluate arguments that are based solely on paper filings and theoretical calculations. See e.g., MedRadio Report and Order. The National Institutes of Health in describing its policy for
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- Contains rules applicable to common carriers, including application filing requirements for international section 214 authorizations. Part 64 - Miscellaneous Rules Relating to Common Carriers - Subpart J contains rules regarding the Commission's settlements policy. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE OFFICE OF ENGINEERING AND TECHNOLOGY (OET) ET Docket No. 10-269 Part 1 - Practice and Procedure - Sections 1.1307, 1.1310, and 1.1311 set forth radiofrequency safety portions of procedures for implementing the National Environmental Policy Act of 1969. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations - Establishes procedures for authorization of radio equipment, defines terms for radio services and contains the Table of Frequency Allocations which identifies what uses are permitted on radio frequency
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- take reasonable precautions to avoid causing harmful interference; this includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference). See Motorola comments at 5. See 47 C.F.R. 90.247(c). See 47 C.F.R. 90.205. See 47 C.F.R. 2.1901, 2.1093; see also 47 C.F.R. 1.1307, 1.1310. See Motorola comments at 5. See 47 C.F.R. 90.247(f). Some commenters expressed concern over the length of the delay. See FIT comments at 5-6; Sprint Nextel comments at 3-4; PCIA comments at 4-5; EWA reply comments at 4. See Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation of Private Land Mobile
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- the Commission proposed to preclude SDARS licensees from deploying any terrestrial repeater pursuant to a blanket license if the repeater requires an EA pursuant to the rules limiting human exposure to RF energy. In other words, the Commission proposed that authority for operation of SDARS repeaters that would generate cumulative radiation levels in excess of the exposure guidelines in Section 1.1310 would have to be sought by filing an individual license application for each such repeater. In the 2007 Notice, the Commission observed that Sirius did not address this issue in its petition for rulemaking. Accordingly, we must determine whether to allow blanket licensing for outdoor SDARS repeaters operating at over 1,640 W EIRP, and for indoor repeaters operating at over
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- the ability of local broadcasters to air locally oriented programming). 677Section 1.1307(b)(1) of the Commission's rules, 47 C.F.R. 1.1307(b), cited in 2007 Notice, 22 FCC Rcd at 22137-38 41-42.The exception is "portable equipment" subject to the equipment certification requirement in Section 2.1093 of the Commission's rules, 47 C.F.R. 2.1093. We discuss equipment certification further below. 678Sections 1.1307(b) and 1.1310 of the Commission's rules, 47 C.F.R. 1.1307(b), 1.1310, cited in 2007 Notice, 22 FCC Rcd at 22137-38 41-42.The Commission has included compliance with these limits as conditions on Sirius' and XM's terrestrial repeater STAs. See, e.g., Sirius 2001 STA Order, 16 FCC Rcd at 16778 16. 11819 Federal Communications Commission FCC 10-82 exceeded is set at 1,640
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- C.F.R. 1.1307(a). Under Section 1.1307(b), a Commission action granting a construction permit, license to transmit (including a renewal of a license to transmit), equipment authorization, or modification in existing facilities requires preparation of an EA if the proposed facility, operation, or transmitter would cause human exposure to radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093. 47 C.F.R. 1.1307(b). 47 C.F.R. 1.1308. See also 47 C.F.R. 1.1312 (requiring Commission applicants and licensees to perform environmental review of proposed actions requiring no other preconstruction Commission authorization). We note, however, that licensees and applicants must consider effects on migratory birds that are listed or proposed as endangered or threatened species under the ESA.
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- C.F.R. 1.1307(a). Under Section 1.1307(b), a Commission action granting a construction permit, license to transmit (including a renewal of a license to transmit), equipment authorization, or modification in existing facilities requires preparation of an EA if the proposed facility, operation, or transmitter would cause human exposure to radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093. 47 C.F.R. 1.1307(b). 3947 C.F.R. 1.1308. See also 47 C.F.R. 1.1312 (requiring Commission applicants and licensees to perform environmental review of proposed actions requiring no other preconstruction Commission authorization). 40We note, however, that licensees and applicants must consider effects on migratory birds that are listed or proposed as endangered or threatened species under the ESA.
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- radars at airports for monitoring terrestrial vehicle movement. Specifically, it requested that Section 15.253 be amended to permit the unlicensed use of fixed radars at airports under the following conditions: 1) the maximum power complies with the present limits for vehicles in motion, 2) radars must be professionally installed and may not exceed the Maximum Permissible Exposure limits in Section 1.1310 of the rules, 3) radars may only be used at airports recognized by FAA and must be owned and operated by either the airport operator or an air carrier licensed by FAA, or operated on their behalf, 4) radars must be installed so as to limit the power flux density reaching roads used by the general public to -57 dBW/m2
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- on Canadian communications must still be done by the Commission for those stations within 56 km of the Canadian border.) At a minimum, stations whose radio horizon overlaps adjacent areas should contact the relevant licensees regarding coordination of facilities. See note 96, supra. See 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in Sections 1.1310, 2.1091, and 2.1093 of the Commission's Rules, 47 C.F.R. 1.1310, 2.1091, 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, Report and Order, 11 FCC Rcd 15123 (1996) ("RF Guidelines Report and Order"), First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1996), Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). OET Bulletin
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- MO&O and FNPRM at 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, 106; see also Upper 700 MHz MO&O and FNPRM at 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, 111. See supra para. 43. These existing requirements are found in 47 CFR 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report and
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- feet from any residence.38 The proposals from the Cellular Taskforce and the Ad-hoc Association are opposed as unnecessary and overly burdensome in comments filed by Ameritech and AirTouch.39 45. Decision. After considering the arguments raised by the petitioners, we generally are maintaining the categorical exclusions adopted in the Report and Order, except with respect to modifying Table 1 of Section 1.1310 regarding unlicensed PCS and millimeter wave devices, and categorical exclusions based on the height of the antenna "radiation center" above ground level, as discussed below (and with respect to amateur radio stations, as discussed later). We continue to believe that it is desirable and appropriate to categorically 35 Mobile devices are defined in our RF exposure rules as transmitters designed
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- * Satellite Communications (part 25) All included. In addition, for NGSO subscriber equipment, licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in 1.1310 of this chapter. * * * * * * * * * * * * PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is
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- must be prepared. * * * * * MDS licensees are required to attach a label to subscriber transceiver or transverter antennas that (1) provides adequate notice regarding potential radio frequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio frequency exposure specified in 1.1310 of this chapter. * * * * * 1a. In Section 1.1307, paragraph (b)(1), Table 1, right column likewise is amended by adding the following language directly following the reference to Part 74, Subpart I stations: 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * ITFS licensees
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- intensity aviation obstruction lighting A facility located in an officially designated wilderness area, wildlife preserve, or floodplain A facility that affects a site significant in American history A facility whose construction involves extensive changes in surface features Facilities, operations, or transmitters that would cause human exposure to levels of radiofrequency radiation in excess of the limits as detailed in 1.1310 and 2.109 of the Commission's Rules. Items 6 and 7 Enter the geographic coordinates of the location, referenced to the North American Datum of 1983 (NAD83). This information can be determinded using a GPS receiver, a 7.5 minute topographical quadrangle map of the area, or you may consult the city or county surveyor in your area. Topographical maps may be
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- the Commission's Rules122 subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must Federal Communications Commission FCC 99-97 123 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 124 Part 27 Report and Order, 12 FCC
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- public safety band. See Motorola Ex Parte Filing of December 22, 1999 at 5. We note that historically-followed coordination procedures, requiring cooperation and accommodation by both commercial and public safety entities, may resolve many instances of potential interference. 47 C.F.R. 27.52. 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). Part 27 Report and Order, 12 FCC Rcd
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- in Table 1 of Section 1.1307(b). Criteria for evaluation of mobile and portable devices are specified in Sections 2.1091 and 2.1093, respectively. Note that, in the case of fixed and base stations in this service, 1,000 watts ERP can also be expressed as the equivalent 1,640 watts EIRP. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 700 MHz First Report and Order at para.
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- is used to transmit fixed wireless signals, the provisions of this section shall apply only if a label is affixed to the antenna that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in 1.1310 of this chapter. (d) Local governments or associations may apply to the Commission for a waiver of this section under 1.3. Waiver requests must comply with the procedures in paragraphs (f) and (h) of this section and will be put on public notice. The Commission may grant a waiver upon a showing by the applicant of local concerns of
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- observation tower and in areas outside the fence surrounding the tower that were accessible to the public. In addition, the agents found that A-O had not complied with special RFR operating conditions set forth in its license. The Commission proposes that A-O be held liable for a $10,000 forfeiture for exceeding the RFR exposure limits in apparent violation of Section 1.1310 of the Commission's Rules. The Commission also proposes that A-O be held liable for an $8,000 forfeiture for failure to install Emergency Alert System equipment in apparent violation of Section 11.35 of the Commission's Rules, a $7,000 forfeiture for failure to have a main studio in apparent violation of Section 73.1125 of the Commission's Rules, and a $3,000 forfeiture for
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- public by more than 300% on the observation tower and in areas outside the fence surrounding the tower that were accessible to the public. In addition, the agents found that A-O had not complied with special RFR operating conditions set forth in its license. The forfeiture against A-O includes $10,000 for exceeding the RFR exposure limits, in violation of Section 1.1310 of the Commission's Rules; $6,400 for failure to install Emergency Alert System equipment, in violation of Section 11.35 of the Commission's Rules: $5,600 for failure to have a main studio, in violation of Section 73.1125 of the Commission's Rules; and $3,000 for failure to have adequate transmission system control, in violation of Section 73.1400 of the Commission's Rules. Action by
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- Facility ID # 53706 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 20, 2002 Released: November 22, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Americom is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. Background 2. In 1996,
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- Mexico ) FRN # 0005-0204-74 Facility ID #89049 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 14, 2002 Released: November 18, 2002 By the Commission: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that A-O Broadcasting Corporation (``A-O''), licensee of FM radio station KTMN, Cloudcroft, New Mexico, apparently willfully and repeatedly violated Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control. We conclude, pursuant to Section 503(b) of the Communications Act of 1934,
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- we are not persuaded by Commonwealth's argument that the NE#1 tower required a fence of no more than two meters less than 8 feet from the tower base in all directions to be compliant with its power and frequency. OET Bulletin 65 does not contain any reference to fence height. It does, however, specify minimum distances from radiating elements. Section 1.1310 of the Rules establishes the criteria to be used to evaluate the environmental impact of human exposure to RF radiation based on the station's power. OET Bulletin 65 permits the use of a fence to restrict access as one method to limit human exposure to excessive RF radiation levels.11 Although OET Bulletin 65 does not specify the type or condition
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- Facility ID # 26231 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 20, 2003 Released: October 22, 2003 By the Commission: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that the captioned licensees of broadcast stations operating from the Mt. Wilson transmitter site in Los Angeles, California, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that AMFM Radio Licenses, L.L.C. (``AMFM''), licensee of FM radio station KBIG-FM, Radio One Licenses, LLC (``Radio One''), licensee of FM
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- Facility ID #89049 ) FORFEITURE ORDER Adopted: December 22, 2003 Released: December 29, 2003 By the Commission: I. Introduction 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to A-O Broadcasting Corporation (``A-O''), former licensee2 of FM radio station KTMN, Cloudcroft, New Mexico, for willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'').3 The noted violations involve A-O's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control. 2. On November 18, 2002, the
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- ) FORFEITURE ORDER Adopted: May 26, 2004 Released: May 28, 2004 By the Chief, Enforcement Bureau: I. Introduction 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules'').1 The noted violations involve Americom's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers. 2. On November 22, 2002, we issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Americom for a forfeiture in the amount of ten thousand dollars ($10,000).2 Americom filed its response
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- forfeitures of ten thousand dollars ($10,000) each against Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of FM radio station KRTH-FM, Telemundo of Los Angeles License Corporation (``Telemundo''), licensee of TV station KWHY-TV, and Radio One Licenses, LLC (``Radio One''), licensee of FM radio station KKBT, all serving Los Angeles, California, (collectively ``Mt. Wilson Licensees'')1 for willful and repeated violations of Section 1.1310 of the Commission's Rules (``Rules'')2 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. 2. On October 22, 2003, the Commission issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 to AMFM Radio Licenses, L.L.C. (``AMFM''), licensee of FM radio station KBIG- FM,4 Infinity, Telemundo, and Radio One for
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- include a label or nameplate listing the FCC identifier. 3. A review of Commission records revealed that an equipment authorization for the DBA-819 amplifier was granted in January 2003 to Arrista Technologies, Inc. under FCC ID # P35SSG-819-1W2W. This authorization included the following condition intended to ensure compliance with the RF radiation maximum permissible exposure limits set forth in Section 1.1310 of the Rules4: The antenna(s) used for this transmitter must be installed to provide a separation distance of at least 50 cm from all persons and must not be co- located or operating in conjunction with any other antenna or transmitter. Users and installers must be provided with antenna installation instructions and transmitter operating conditions for satisfying RF exposure compliance.
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- 3, 2005 By the Commission: I. Introduction 1. In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by A-O Broadcasting Corporation (``A-O''), former licensee2 of FM radio station KTMN, Cloudcroft, New Mexico, of our Forfeiture Order issued December 29, 2003,3 in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'').4 The noted violations involve A-O's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers, failing to have Emergency Alert System (``EAS'') equipment installed and operating, failing to maintain a main studio, and failing to have adequate transmission system control. II. Background 2.
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- of TV station KWHY-TV, and Radio One Licenses, LLC ("Radio One"), licensee of FM radio station KKBT, all serving Los Angeles, California, (collectively "Mt. Wilson Licensees") of a Forfeiture Order issued in this proceeding on December 10, 2004. The Forfeiture Order assessed monetary forfeitures of $10,000 against each of the Mt. Wilson Licensees for willful and repeated violations of Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. In this Order, we consider the various issues raised in the Infinity, Telemundo and Radio One petitions, and for the reasons we set forth below we deny the petitions and affirm the Commission's findings of
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- this Memorandum Opinion and Order ("Order"), we deny the application for review filed by Americom Las Vegas Limited Partnership ("Americom"), licensee of FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau ("Bureau"), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). The noted violations involve Americom's failure to comply with the radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. In this case, we affirm the Bureau's decision in the Forfeiture Order.
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- 2006). Salem Communications of Hawaii, Inc., is the licensee of KAIM-FM. As he passed through the gate of the fence to the main studio, the Honolulu agent noted that his personal radiofrequency radiation ("RFR") monitor LED lit at various places within this area, indicating the RFR in the area likely exceeded the public RFR maximum permitted exposure limit. See Section 1.1310 of the Rules, 47 C.F.R. S 1.1310. The agent did find a hand-written sign posted next to the door stating "Be back in one hour." The sign was not dated and gave a cellphone number to contact. HTV requested and received a 30 day extension to respond to the NAL. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC
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- FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Commission's Memorandum Opinion and Order issued December 1, 2006 ("MO&O"). In that MO&O, the Commission denied Americom's application for review of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau ("Bureau"), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). The noted violations involve Americom's failure to comply with the radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. As discussed below, we dismiss Americom's petition because it does not comply
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- part the petition for reconsideration filed by Entravision Holdings, LLC ("Entravision"), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida of the Forfeiture Order issued February 6, 2007. In the Forfeiture Order, the South Central Region ("Region") of the Enforcement Bureau imposed a monetary forfeiture in the amount of $25,000 on Entravision for the willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). The noted violation involved Entravision's failure to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. II. BACKGROUND 2. The RFR MPE limits, which are set forth in Section 1.1310 of the Rules, include limits for "occupational/controlled" exposure and limits for "general population/uncontrolled" exposure. The occupational exposure
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- FORFEITURE ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Visionary Related Entertainment, L.L.C. ("Visionary"), licensee of FM station KAOI-FM, in Wailuku, Hawaii, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). On February 4, 2005, the Enforcement Bureau's Honolulu Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Visionary after determining that Visionary had failed to comply with the Commission's radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. In this
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- ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Entravision Holdings, LLC ("Entravision"), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Enforcement Bureau's Tampa Office issued a Notice of Apparent Liability for Forfeiture to Entravision in the amount of twenty-five thousand dollars ($25,000) for the apparent willful and repeated violation of
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- 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Infinity Broadcasting Corporation of Florida ("Infinity"), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Infinity in the amount of twenty thousand dollars ($20,000) for the apparent willful and repeated violation of Section 1.1310
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- Office because it had no gross revenues for the three calendar years prior to the NAL, and supplies financial data to support that claim. To assess A-O's inability to pay argument, we must consider a related proceeding, where, on December 29, 2003, the Commission assessed a $25,000 forfeiture against A-O for operating KTMN in willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules. In the 2003 Forfeiture Order, the Commission took into account an argument from A-O concerning its inability to pay the forfeiture amount as A-O submitted documentation stating that it had no revenues. Generally, when analyzing a financial hardship claim, the Commission has looked to gross revenues as a reasonable and appropriate yardstick in
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- 28, 2009 Released: June 3, 2009 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Minority Business & Housing Development, Inc. ("MBHD"), licensee of FM radio station WYGG in Asbury Park, New Jersey, for willfully and repeatedly violating Section 1.1310 of the Commission's Rules ("Rules), by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. II. BACKGROUND 2. On November
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- of Florida ("Infinity"), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, pursuant to Section 1.115 of the Commission's Rules ("Rules"). Infinity seeks review of the Forfeiture Order issued February 6, 2007, by the Enforcement Bureau South Central Region ("Region") imposing a monetary forfeiture in the amount of $10,000 on Infinity for the willful and repeated violation of Section 1.1310 of the Rules. The noted violation involved Infinity's failure to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. In this Order, we consider the various arguments raised by Infinity and for the reasons set forth below, we deny the application for review and affirm the Region's finding of liability and the
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 4, 2011 By the District Director, Denver District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Frandsen Media Company, LLC ("Frandsen"), licensee of FM broadcast station KGNT in Smithfield, Utah, apparently willfully and repeatedly violated section 1.1310 of the Commission's rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the
- http://transition.fcc.gov/eb/Public_Notices/DA-02-197A1.html
- Registration Numbers * AT&T Wireless Services, Inc., Washington, DC. Tampa, FL District Office (12/3/01). * Steel Broadcasting Inc., WMRX-FM, Beaverton, MI. Detroit, MI District Office (12/3/01). * Far West Radio, Inc., Las Vegas, NV. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Los Angeles, CA District Office (12/4/01). * Commonwealth License Subsidiary, LLC, Lamar, CO (KLMR). Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 17.17 (Existing Structures), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.49 (AM Transmission System Fencing Requirements), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/7/01). * Maryland State Highway Administration, Baltimore, MD. Columbia, MD District Office (12/12/01). * Missouri RSA #4 Partnership/DBA Alltel, Lathrop, MO. Other violation: 47 C.F.R.
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- 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. 1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.925 - Identification of Equipment BEXT Inc., San Diego, CA. Dallas, TX District Office (9/15/00). 47 C.F.R.
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- 47 C.F.R. 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other
- http://transition.fcc.gov/fcc-bin/audio/DA-10-866A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-866A1.pdf
- conform to the iBiquity specifications; The name and telephone number of a technical representative the Commission can call in the event of interference; Analog, digital and, if applicable, combined transmitter power output; Analog and digital ERP; and A certification that the notified operation will not cause human exposure to levels of radio-frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment (``EA'') pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation with increased
- http://transition.fcc.gov/fcc-bin/audio/rfsafety.html
- at frequencies of 300 kHz to 100 GHz. In addition, the Commission adopted the specific absorption rate (SAR) limits for devices operating within close proximity to the body as specified within the ANSI/IEEE C95.1-1992 guidelines. (See [40]Report and Order, FCC 96-326) The Commission's requirements are detailed in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093]. The potential hazards associated with RF electromagnetic fields are discussed in [41]OET Bulletin No. 56, "Questions and Answers About the Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields." [42]More Info.... Frequently Asked Questions (FAQ) Human Exposure to RF * [43]Radiofrequency Energy FAQs This section contains answers to the most frequently asked questions received by the Commission concerning
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- See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency 338 Band, IB Docket No. 95-91, GEN Docket No. 90-357, Notice of Proposed Rule Making, 11 FCC Rcd 1 (1995). See 47 C.F.R. 1.1301, 1.1307(b), 2.1091, and 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 339 1.1310, 2.1091, and 2.1093, as applicable. For the purposes of our RF safety rules, mobile devices are defined as transmitters designed to be used in other than fixed 340 locations and to generally be used in such a way that a separation distance of at least 20 centimeters is normally maintained between radiating antennas and the body of the user or
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- public safety band. See Motorola Ex Parte Filing of December 22, 1999 at 5. We note that historically-followed coordination procedures, requiring cooperation and accommodation by both commercial and public safety entities, may resolve many instances of potential interference. 47 C.F.R. 27.52. 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). Part 27 Report and Order, 12 FCC Rcd
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- in Table 1 of Section 1.1307(b). Criteria for evaluation of mobile and portable devices are specified in Sections 2.1091 and 2.1093, respectively. Note that, in the case of fixed and base stations in this service, 1,000 watts ERP can also be expressed as the equivalent 1,640 watts EIRP. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 700 MHz First Report and Order at para.
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- 21. 380 47 C.F.R. 1.1307, Table 1. 381 ArrayComm Comments at 21. 382 The Commission has provided guidance on complying with its RF safety exposure limits in OET Bulletin No. 65. OET Bulletin No 65 (Edition 97-01) was issued in August 25, 1997, and is available for downloading at the FCC (continued....) Federal Communications Commission FCC 02-152 50 Section 1.1310, limits on RF emissions are based on the operating frequency of the transmitter.383 Any transmitter operating between 1500 MHz and 100,000 MHz like, for example Broadband PCS,384 will be subject to the same RF emission limits.385 Because transmitters operating in the 1670-1675 MHz band will be subject to the same limits on RF emissions as applied to other transmitters operating
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- radiofrequency exposure limits.518 It is therefore incumbent upon NGSO FSS 514 NPRM, at 83. 515 GE Comments at 30-31. 516 Telesat Comments at 8. 517 SkyBridge Reply Comments at 79-80. 518 See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123, 15124, 15152 (1996); 47 C.F.R. 1.1307(b)(1), 1.1310. Federal Communications Commission FCC 00-418 94 licensees to exercise reasonable care to protect users and the public from radiofrequency exposure in excess of the Commission's limits. 249. As part of the NGSO FSS licensee's obligation to exercise such reasonable care, we conclude that it must ensure that subscriber antennas are labeled to give notice of the potential radiofrequency safety hazards
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- Building-mounted antennas: power > 1640 W EIRP LMDS and 24 GHz Service licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio-frequency exposure specified in 1.1310 of this chapter * * * * * PART 2 - FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for Part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is amended by revising pages 71
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- than 1640 Watts EIRP, ( Building mounted antennas: power greater than 1640 Watts EIRP - licensees required to attach a label to subscriber transceiver antennas that: 1)provides adequate notice regarding potential radiofrequency safety hazards, e.g. information regarding the safe minimum separation distance between users and transceiver antennas; and 2) references the applicable FCC-adopted limits for radio-frequency exposure specified in Section 1.1310. 101.115 Directional antennas. (c) Antenna Standards Frequency (MHz) Category Maximum beamwidth to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5o to 10o 10o to 15o 15o to 20o 20o to 30o 30o to 100o 100o to 140o 140o to 180o
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- language directly following the reference to MDS stations: MDS licensees are required to attach a label to subscriber transceiver or transverter antennas that (1) provides adequate notice regarding potential radio frequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio frequency exposure specified in 1.1310 of this chapter. 1a. Section 1.1307 likewise would be amended by adding the following language directly following the reference to Part 74, Subpart I stations: ITFS licensees are required to attach a label to subscriber transceiver or transverter antennas that (1) provides adequate notice regarding potential radio frequency safety hazards, e.g., information regarding the safe minimum separation distance required between
- http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.doc http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf
- to RF energy has been identified by the FCC as a potential environmental factor that must be considered before a facility, operation or transmitter can be authorized or licensed. The FCC's requirements dealing with RF exposure can be found in Part 1 of its rules at 47 C.F.R. 1.1307(b). The exposure limits themselves are specified in 47 C.F.R. 1.1310 in terms of frequency, field strength, power density and averaging time. Facilities and transmitters licensed and authorized by the FCC must either comply with these guidelines or else an applicant must file an Environmental Assessment (EA) with the FCC as specified in 47 C.F.R. 1.1301 et seq. An EA is an official document required by the FCC's rules whenever
- http://wireless.fcc.gov/siting/fact2.pdf
- addition to the actions listed in paragraph (a) of this section, Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilities, require the preparation of an Environmental Assessment (EA) if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency radiation in excess of the limits in 1.1310 and 2.1093 of this chapter. Applications to the Commission for construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilities must contain a statement confirming compliance with the limits unless the facility, operation, or transmitter is categorically excluded, as discussed below. Technical information showing the basis for this statement must be submitted to the
- http://wireless.fcc.gov/uls/releases/DA002644.doc http://wireless.fcc.gov/uls/releases/DA002644.pdf
- Item 6-``The applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set for in 47 C.F.R. 1.1307(b); or, (2) have been found not to cause human exposure to levels of radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093; or, (3) are the subject of one or more Environmental Assessments filed with the Commission.'' Schedule B Changes Market/Channel Block Item 5-For each market and channel block won in auction, applicants must indicate whether they intend to seek a tribal lands bidding credit by checking the appropriate box. Tribal Lands Information . Note: It is anticipated that this
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
- 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. 1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.925 - Identification of Equipment BEXT Inc., San Diego, CA. Dallas, TX District Office (9/15/00). 47 C.F.R.
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- MO&O and FNPRM at 21-27. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 519-20, 106; see also Upper 700 MHz MO&O and FNPRM at 21-27. Upper 700 MHz First Report and Order, 15 FCC Rcd at 521-22, 111. See supra para. 43. These existing requirements are found in 47 CFR 1.1307(b), 1.1310, 2.1091, 2.1093. See supra paras. 4, 14. Upper 700 MHz First Report and Order, 15 FCC Rcd at 494, 43 n.95 (``The provision of new broadcast-type services compliant with Part 27 technical standards does not alter the underlying nature of such services, or the licensee's related regulatory and statutory obligations.'') (emphasis added). The Upper 700 MHz First Report and
- http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
- used. Below 50 watts transmitter power, the licensee will not be required to take any action, unless requested by Commission staff pursuant to Section 1.1307(c) or 1.1307(d) of our rules. Above this power threshold, the licensee must perform a routine evaluation to predict if the RF radiation could be in excess of that allowed by the criteria listed in 1.1310. If so, the licensee must take action to prevent such an occurrence. The action could be in the form of altering operating patterns, relocating the antenna, revising the station's technical parameters such as frequency, power or emission type or combinations of these and other remedies. To assist with routine evaluation of exposure levels in accordance with the guidelines, we encourage
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- feet from any residence.38 The proposals from the Cellular Taskforce and the Ad-hoc Association are opposed as unnecessary and overly burdensome in comments filed by Ameritech and AirTouch.39 45. Decision. After considering the arguments raised by the petitioners, we generally are maintaining the categorical exclusions adopted in the Report and Order, except with respect to modifying Table 1 of Section 1.1310 regarding unlicensed PCS and millimeter wave devices, and categorical exclusions based on the height of the antenna "radiation center" above ground level, as discussed below (and with respect to amateur radio stations, as discussed later). We continue to believe that it is desirable and appropriate to categorically 35 Mobile devices are defined in our RF exposure rules as transmitters designed
- http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
- future to consider measurement methods for determining compliance with our RF safety requirements. Any changes that we may make as a result of this proceeding will be applied to products developed for the 3650-3700 MHz band. See 47 C.F.R. 27.52. See 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd at 13494 (1997) ("RF Guidelines Second Reconsideration Order"). See Part 27 Report and Order, 12
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- * Satellite Communications (part 25) All included. In addition, for NGSO subscriber equipment, licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in 1.1310 of this chapter. * * * * * * * * * * * * PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf
- language directly following the reference to MDS stations: MDS licensees are required to attach a label to subscriber transceiver or transverter antennas that (1) provides adequate notice regarding potential radio frequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio frequency exposure specified in 1.1310 of this chapter. 1a. Section 1.1307 likewise would be amended by adding the following language directly following the reference to Part 74, Subpart I stations: ITFS licensees are required to attach a label to subscriber transceiver or transverter antennas that (1) provides adequate notice regarding potential radio frequency safety hazards, e.g., information regarding the safe minimum separation distance required between
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
- must be prepared. * * * * * MDS licensees are required to attach a label to subscriber transceiver or transverter antennas that (1) provides adequate notice regarding potential radio frequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio frequency exposure specified in 1.1310 of this chapter. * * * * * 1a. In Section 1.1307, paragraph (b)(1), Table 1, right column likewise is amended by adding the following language directly following the reference to Part 74, Subpart I stations: 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * ITFS licensees
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- See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz 338 Frequency Band, IB Docket No. 95-91, GEN Docket No. 90-357, Notice of Proposed Rule Making, 11 FCC Rcd 1 (1995). See 47 C.F.R. 1.1301, 1.1307(b), 2.1091, and 2.1093. The RF radiation exposure limits are set forth in 47 339 C.F.R. 1.1310, 2.1091, and 2.1093, as applicable. For the purposes of our RF safety rules, mobile devices are defined as transmitters designed to be used in other than 340 fixed locations and to generally be used in such a way that a separation distance of at least 20 centimeters is normally maintained between radiating antennas and the body of the user or
- 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
- intensity aviation obstruction lighting A facility located in an officially designated wilderness area, wildlife preserve, or floodplain A facility that affects a site significant in American history A facility whose construction involves extensive changes in surface features Facilities, operations, or transmitters that would cause human exposure to levels of radiofrequency radiation in excess of the limits as detailed in 1.1310 and 2.109 of the Commission's Rules. Items 6 and 7 Enter the geographic coordinates of the location, referenced to the North American Datum of 1983 (NAD83). This information can be determinded using a GPS receiver, a 7.5 minute topographical quadrangle map of the area, or you may consult the city or county surveyor in your area. Topographical maps may be
- http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
- the Commission's Rules122 subjects licensees and manufacturers to the RF radiation exposure requirements specified in Sections 1.1307(b), 2.1091, and 2.1093 of the Commission's Rules, which list the services and devices for which an environmental evaluation must Federal Communications Commission FCC 99-97 123 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 124 Part 27 Report and Order, 12 FCC
- http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
- on Canadian communications must still be done by the Commission for those stations within 56 km of the Canadian border.) At a minimum, stations whose radio horizon overlaps adjacent areas should contact the relevant licensees regarding coordination of facilities. See note 96, supra. See 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in Sections 1.1310, 2.1091, and 2.1093 of the Commission's Rules, 47 C.F.R. 1.1310, 2.1091, 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, Report and Order, 11 FCC Rcd 15123 (1996) ("RF Guidelines Report and Order"), First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1996), Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997). OET Bulletin
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000364.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000364.txt
- could result in imposition of operating restrictions upon the amateur station by a District Director pursuant to 97.121 of this part. Geographical coordinates of the facilities that require protection are listed in 0.121(c) of this chapter. * * * (2) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the limits contained in 1.1310 of this chapter in accessible areas, the licensee must take action to prevent human exposure to such RF electromagnetic fields. Further information on evaluating compliance with these limits can be found in the FCC's OET Bulletin Number 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields." 4. Section 97.17 is amended by revising paragraph (a) to
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
- public safety band. See Motorola Ex Parte Filing of December 22, 1999 at 5. We note that historically-followed coordination procedures, requiring cooperation and accommodation by both commercial and public safety entities, may resolve many instances of potential interference. 47 C.F.R. 27.52. 47 C.F.R. 1.1307(b), 2.1091, 2.1093. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). Part 27 Report and Order, 12 FCC Rcd
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- in Table 1 of Section 1.1307(b). Criteria for evaluation of mobile and portable devices are specified in Sections 2.1091 and 2.1093, respectively. Note that, in the case of fixed and base stations in this service, 1,000 watts ERP can also be expressed as the equivalent 1,640 watts EIRP. The RF radiation exposure limits are set forth in 47 C.F.R. 1.1310, 2.1091, and 2.1093, as modified in Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and Order, 11 FCC Rcd 15123 (1996); First Memorandum Opinion and Order, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and Order, 12 FCC Rcd 13494 (1997) (RF Guidelines Second Reconsideration Order). 700 MHz First Report and Order at para.
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
- Building-mounted antennas: power > 1640 W EIRP LMDS and 24 GHz Service licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radio-frequency exposure specified in 1.1310 of this chapter * * * * * PART 2 - FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for Part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is amended by revising pages 71
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- is used to transmit fixed wireless signals, the provisions of this section shall apply only if a label is affixed to the antenna that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC-adopted limits for radiofrequency exposure specified in 1.1310 of this chapter. (d) Local governments or associations may apply to the Commission for a waiver of this section under 1.3. Waiver requests must comply with the procedures in paragraphs (f) and (h) of this section and will be put on public notice. The Commission may grant a waiver upon a showing by the applicant of local concerns of
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd021122.html
- Cookmeyer at (202) 418-0660, Jeff Tobias at (202) 418-1617, Cynthia Bryant at (202) 418-8164 [21]DA-02-3229A1.doc [22]DA-02-3229A1.pdf [23]DA-02-3229A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- AMERICOM LAS VEGAS LIMITED PARTNERSHIP (AMERICOM). Found Americom, licensee of KWNZ-FM, Carson City, NV liable for a $10,000 forfeiture for failure to comply with the RF radiation maximum permissible exposure limits in willful and repeated violation of Section 1.1310 of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 11/20/2002 by NALF. (DA No. 02-3218). EB [24]DA-02-3218A1.doc [25]DA-02-3218A1.pdf [26]DA-02-3218A1.txt APCC SERVICES, INC., DATA NET SYSTEMS, LLC, DAVEL COMMUNICATIONS, INC., JAROTH, INC. DBA PACIFIC TELEMANAGEMENT SERVICES, AND INTERA COMMUNICATIONS CORP. V. GADJRAJ & SONS IMPORT & EXPORT, INC.. Dismissed the complaint with prejudice in its entirety and terminated the proceeding. Action
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061201.html
- RADIO ONE LICENSES, LLC. Denied the Petitions for reconsideration filed by Infinity Broadcasting Operations, Inc., Telemundo of Los Angeles License Corporation, and Radio One Licenses, LLC. Action by: the Commission. Adopted: 11/28/2006 by MO&O. (FCC No. 06-173). EB [40]FCC-06-173A1.doc [41]FCC-06-173A1.pdf [42]FCC-06-173A1.txt AMERICOM LAS VEGAS LIMITED PARTNERSHIP. Denied Americom's application for review of $10,000 monetary forfeiture imposed for violation of Section 1.1310 of the Rules involving failure to comply with the radio frequency radiation maximum permissible exposure limits. Action by: the Commission. Adopted: 11/28/2006 by MO&O. (FCC No. 06-174). EB [43]FCC-06-174A1.doc [44]FCC-06-174A1.pdf [45]FCC-06-174A1.txt ERRATUM - HOAK MEDIA OF DAKOTA LICENSE, LLC. Issued an Erratum correcting Letter, DA 06-2310, released November 16, 2006. Action by: Chief, Video Division, Media Bureau by ERRATUM. MB
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090603.html
- AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [66]DOC-291159A1.pdf [67]DOC-291159A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MINORITY BUSINESS & HOUSING DEVELOPMENT, INC. Issued a monetary forfeiture in the amount of $25,000 to Minority Business & Housing Development, Inc. for willfully and repeatedly violating Section 1.1310, Section 73.1350(a), and Section 73.3527(a) of the Commission's Rules. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 05/28/2009 by Forfeiture Order. (DA No. 09-1208). EB [68]DA-09-1208A1.doc [69]DA-09-1208A1.pdf [70]DA-09-1208A1.txt MEADE COUNTY COMMUNICATIONS, INC. Issued a $7,000 forfeiture to Station WMMG-FM, Brandenburg, Kentucky. Action by: Chief, Audio Division, Media Bureau. Adopted: 06/02/2009 by Forfeiture Order. (DA No. 09-1243). MB [71]DA-09-1243A1.doc [72]DA-09-1243A1.pdf
- http://www.fcc.gov/Forms/Form301/301.pdf
- Table of Distances area or its authorized service area. Yes No Exhibit No. If "No," attach as an Exhibit justification. a. b. Environmental Protection Act. 9. The proposed DTS facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the limits specified in 47 C.F.R. Sections 1.1307 and 1.1310. Yes No Exhibit No. Submit in an Exhibit the following for each transmitter site in the proposed DTS facility: If "No," provide an Environmental Assessment as required by 47 C.F.R. Section 1.1311. If "Yes," provide a brief explanation for each site of why an Environmental Assessment is not required. Also describe in the Exhibit the steps that will be taken
- http://www.fcc.gov/Forms/Form335/335am.pdf
- licensee's technical representative: 5. dB from the iBiquity specified level. N/A Exhibit No. Explain necessity for reduction. Licensee certifies its facilities conform to the iBiquity Digital Corporation hybrid specifications: 7. No Yes Licensee certifies that its interim digital operation will not cause human exposure to radio frequency radiation in excess of the limits for maximum permissible exposure specified in Section 1.1310 of the Commission's rules, and it is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's rules: 8. No Yes I hereby certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits
- http://www.fcc.gov/Forms/Form335/335fm.pdf
- event of interference, questions should be directed to licensee's technical representative: 5. Licensee certifies that, except for digital power, its facilities conform to the iBiquity Digital Corporation hybrid specifications: 7. No Yes Licensee certifies that its interim digital operation will not cause human exposure to radio frequency radiation in excess of the limits for maximum permissible exposure specified in Section 1.1310 of the Commission's rules, and it is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's rules: 9. No Yes Licensee certifies its analog effective radiated power will remain as authorized after commencement of digital operations: 8. No Yes Exhibit No. If No, licensee must submit an environmental assessment (EA) and may not commence interim digital
- http://www.fcc.gov/Forms/Form340/340.pdf
- Table of Distances area or its authorized service area. Yes No Exhibit No. If "No," attach as an Exhibit justification. a. b. Environmental Protection Act. 9. The proposed DTS facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the limits specified in 47 C.F.R. Sections 1.1307 and 1.1310. Yes No Exhibit No. Submit in an Exhibit the following for each transmitter site in the proposed DTS facility: If "No," provide an Environmental Assessment as required by 47 C.F.R. Section 1.1311. If "Yes," provide a brief explanation for each site of why an Environmental Assessment is not required. Also describe in the Exhibit the steps that will be taken
- http://www.fcc.gov/Forms/Form601/601ps.pdf
- 6) The Applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set forth in 47 C.F.R. 1.1307(b); or, (2) have been found not to cause human exposure to levels of radiofrequency radiation in excess of the limits specified in 47 C.F.R. 1.1310 and 2.1093; or, (3) are the subject of one or more Environmental Assessments filed with the Commission. 7) The Applicant certifies that it has reviewed the appropriate Commission Rules defining eligibility to hold the requested license(s), and is eligible to hold the requested license(s). 8) The Applicant certifies that it is not in default on any payment for Commission licenses
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-252523A1.html
- # 34592 ) FRN 0003474947 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 22, 2004 By the Resident Agent, Honolulu Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Capstar TX Limited Partnership (``Capstar''), licensee of station KIKI-FM, 93.9 MHz, in Honolulu, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Capstar is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. The RFR Rules.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255966A1.html
- # 3602 ) FRN 0001529627 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 5, 2005 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entravision Holdings, LLC (``Entravision''), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Entravision is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). II. BACKGROUND 2. Entravision, licensee
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255967A1.html
- # 28619 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 5, 2005 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Corporation of Florida (``Infinity''), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Infinity is apparently liable for forfeiture in the amount of twenty thousand dollars ($20,000). II. BACKGROUND 2. Infinity, licensee
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255968A1.html
- FOR FORFEITURE Released: January 6, 2005 By the District Director, Denver District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Cumulus Licensing LLC (``Cumulus''), licensee of KEKB(FM), 99.9 MHz, Fruita, Colorado, KBKL(FM), 107.9 MHz, Grand Junction Colorado, and KMXY(FM), 104.3 MHz, Grand Junction, Colorado, apparently willfully violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Cumulus is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Section 1.1310 of
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256582A1.html
- Facility ID #70375 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 4, 2005 By the Resident Agent, Honolulu Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Visionary Related Entertainment, L.L.C. (``Visionary''), licensee of FM Broadcast station KAOI-FM, in Wailuku, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that Visionary is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). We also consider a complaint
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-267704A1.html
- 503(b). Salem Communications of Hawaii, Inc., is the licensee of KAIM-FM. As he passed through the gate of the fence to the main studio, the Honolulu agent noted that his personal radiofrequency radiation ("RFR") monitor LED lit at various places within this area, indicating the RFR in the area likely exceeded the public RFR maximum permitted exposure limit. See Section 1.1310 of the Rules, 47 C.F.R. S 1.1310. The agent did find a hand-written sign posted next to the door stating "Be back in one hour." The sign was not dated and gave a cellphone number to contact. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279189A1.html
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 20, 2007 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Minority Business & Housing Development, Inc. ("MBHD"), licensee of FM radio station WYGG in Asbury Park, New Jersey, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules ("Rules), by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters; Section 73.1350(a) of the Rules, by operating with an excessive antenna height from an unauthorized location; and Section 73.3527(a) of the Rules, by failing to maintain a public inspection file. We conclude, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-283153A1.html
- #15969 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 20, 2008 By the Resident Agent, Honolulu Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Visionary Related Entertainment, L.L.C. ("Visionary"), licensee of FM Broadcast station KNUQ(FM), in Paauilo, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Visionary is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. The RFR
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-287609A1.html
- ID #164281 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 23, 2008 By the Resident Agent, Honolulu Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Visionary Related Entertainment, L.L.C. ("Visionary"), licensee of FM Broadcast station KTBH-FM, in Kurtistown, Hawaii, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Visionary is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. The RFR
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- ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 22, 2008 By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Mapleton License of Medford, LLC ("Mapleton"), licensee of FM Broadcast station KTMT-FM, in Medford, Oregon, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mapleton is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. The RFR
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-302780A1.html
- Rules to MetroPCS AWS, LLC ("MetroPCS"), the licensee of station WQGA731 in Queens Village, New York. 2. On May 11, 2010, in response to a complaint, staff from the Enforcement Bureau's Philadelphia Office and the FCC's Office of Engineering Technology inspected MetroPCS's transmitting facility located at 216-19th Avenue, Queens Village, New York, and observed the following violation: 47 C.F.R. S: 1.1310: "Radiofrequency radiation exposure limits. The criteria listed in table 1 shall be used to evaluate the environmental impact of human exposure to radiofrequency (RF) radiation as specified in S: 1.1307(b) . . . ." During the inspection, agents observed that station WQGA731 operated with a panel antenna located on the roof of the building located at 216-19 90th Avenue. The
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- observation tower and in areas outside the fence surrounding the tower that were accessible to the public. In addition, the agents found that A-O had not complied with special RFR operating conditions set forth in its license. The Commission proposes that A-O be held liable for a $10,000 forfeiture for exceeding the RFR exposure limits in apparent violation of Section 1.1310 of the Commission's Rules. The Commission also proposes that A-O be held liable for an $8,000 forfeiture for failure to install Emergency Alert System equipment in apparent violation of Section 11.35 of the Commission's Rules, a $7,000 forfeiture for failure to have a main studio in apparent violation of Section 73.1125 of the Commission's Rules, and a $3,000 forfeiture for
- http://www.fcc.gov/eb/News_Releases/DOC-242567A1.html
- public by more than 300% on the observation tower and in areas outside the fence surrounding the tower that were accessible to the public. In addition, the agents found that A-O had not complied with special RFR operating conditions set forth in its license. The forfeiture against A-O includes $10,000 for exceeding the RFR exposure limits, in violation of Section 1.1310 of the Commission's Rules; $6,400 for failure to install Emergency Alert System equipment, in violation of Section 11.35 of the Commission's Rules: $5,600 for failure to have a main studio, in violation of Section 73.1125 of the Commission's Rules; and $3,000 for failure to have adequate transmission system control, in violation of Section 73.1400 of the Commission's Rules. Action by
- http://www.fcc.gov/eb/Orders/2002/DA-02-3218A1.html
- Facility ID # 53706 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 20, 2002 Released: November 22, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Americom is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. Background 2. In 1996,
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- Mexico ) FRN # 0005-0204-74 Facility ID #89049 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: November 14, 2002 Released: November 18, 2002 By the Commission: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that A-O Broadcasting Corporation (``A-O''), licensee of FM radio station KTMN, Cloudcroft, New Mexico, apparently willfully and repeatedly violated Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation maximum permissible exposure limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control. We conclude, pursuant to Section 503(b) of the Communications Act of 1934,
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- we are not persuaded by Commonwealth's argument that the NE#1 tower required a fence of no more than two meters less than 8 feet from the tower base in all directions to be compliant with its power and frequency. OET Bulletin 65 does not contain any reference to fence height. It does, however, specify minimum distances from radiating elements. Section 1.1310 of the Rules establishes the criteria to be used to evaluate the environmental impact of human exposure to RF radiation based on the station's power. OET Bulletin 65 permits the use of a fence to restrict access as one method to limit human exposure to excessive RF radiation levels.11 Although OET Bulletin 65 does not specify the type or condition
- http://www.fcc.gov/eb/Orders/2003/FCC-03-258A1.html
- Facility ID # 26231 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 20, 2003 Released: October 22, 2003 By the Commission: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that the captioned licensees of broadcast stations operating from the Mt. Wilson transmitter site in Los Angeles, California, apparently willfully and repeatedly violated Section 1.1310 of the Commission's Rules (``Rules'')1 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure limits applicable to facilities, operations, or transmitters. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that AMFM Radio Licenses, L.L.C. (``AMFM''), licensee of FM radio station KBIG-FM, Radio One Licenses, LLC (``Radio One''), licensee of FM
- http://www.fcc.gov/eb/Orders/2003/FCC-03-332A1.html
- Facility ID #89049 ) FORFEITURE ORDER Adopted: December 22, 2003 Released: December 29, 2003 By the Commission: I. Introduction 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to A-O Broadcasting Corporation (``A-O''), former licensee2 of FM radio station KTMN, Cloudcroft, New Mexico, for willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'').3 The noted violations involve A-O's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers, failing to have EAS equipment installed and operating, failing to maintain a main studio and failing to have adequate transmission system control. 2. On November 18, 2002, the
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- ) FORFEITURE ORDER Adopted: May 26, 2004 Released: May 28, 2004 By the Chief, Enforcement Bureau: I. Introduction 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules'').1 The noted violations involve Americom's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers. 2. On November 22, 2002, we issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Americom for a forfeiture in the amount of ten thousand dollars ($10,000).2 Americom filed its response
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- forfeitures of ten thousand dollars ($10,000) each against Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of FM radio station KRTH-FM, Telemundo of Los Angeles License Corporation (``Telemundo''), licensee of TV station KWHY-TV, and Radio One Licenses, LLC (``Radio One''), licensee of FM radio station KKBT, all serving Los Angeles, California, (collectively ``Mt. Wilson Licensees'')1 for willful and repeated violations of Section 1.1310 of the Commission's Rules (``Rules'')2 by failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to facilities, operations, or transmitters. 2. On October 22, 2003, the Commission issued a Notice of Apparent Liability for Forfeiture (``NAL'')3 to AMFM Radio Licenses, L.L.C. (``AMFM''), licensee of FM radio station KBIG- FM,4 Infinity, Telemundo, and Radio One for
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- include a label or nameplate listing the FCC identifier. 3. A review of Commission records revealed that an equipment authorization for the DBA-819 amplifier was granted in January 2003 to Arrista Technologies, Inc. under FCC ID # P35SSG-819-1W2W. This authorization included the following condition intended to ensure compliance with the RF radiation maximum permissible exposure limits set forth in Section 1.1310 of the Rules4: The antenna(s) used for this transmitter must be installed to provide a separation distance of at least 50 cm from all persons and must not be co- located or operating in conjunction with any other antenna or transmitter. Users and installers must be provided with antenna installation instructions and transmitter operating conditions for satisfying RF exposure compliance.
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- 3, 2005 By the Commission: I. Introduction 1. In this Memorandum Opinion and Order (``Order''), we deny a petition for reconsideration filed by A-O Broadcasting Corporation (``A-O''), former licensee2 of FM radio station KTMN, Cloudcroft, New Mexico, of our Forfeiture Order issued December 29, 2003,3 in the amount of twenty-five thousand dollars ($25,000) for willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Commission's Rules (``Rules'').4 The noted violations involve A-O's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers, failing to have Emergency Alert System (``EAS'') equipment installed and operating, failing to maintain a main studio, and failing to have adequate transmission system control. II. Background 2.
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- of TV station KWHY-TV, and Radio One Licenses, LLC ("Radio One"), licensee of FM radio station KKBT, all serving Los Angeles, California, (collectively "Mt. Wilson Licensees") of a Forfeiture Order issued in this proceeding on December 10, 2004. The Forfeiture Order assessed monetary forfeitures of $10,000 against each of the Mt. Wilson Licensees for willful and repeated violations of Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. In this Order, we consider the various issues raised in the Infinity, Telemundo and Radio One petitions, and for the reasons we set forth below we deny the petitions and affirm the Commission's findings of
- http://www.fcc.gov/eb/Orders/2006/FCC-06-174A1.html
- this Memorandum Opinion and Order ("Order"), we deny the application for review filed by Americom Las Vegas Limited Partnership ("Americom"), licensee of FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau ("Bureau"), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). The noted violations involve Americom's failure to comply with the radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. In this case, we affirm the Bureau's decision in the Forfeiture Order.
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- 2006). Salem Communications of Hawaii, Inc., is the licensee of KAIM-FM. As he passed through the gate of the fence to the main studio, the Honolulu agent noted that his personal radiofrequency radiation ("RFR") monitor LED lit at various places within this area, indicating the RFR in the area likely exceeded the public RFR maximum permitted exposure limit. See Section 1.1310 of the Rules, 47 C.F.R. S 1.1310. The agent did find a hand-written sign posted next to the door stating "Be back in one hour." The sign was not dated and gave a cellphone number to contact. HTV requested and received a 30 day extension to respond to the NAL. 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 12 FCC
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- FM radio station KZTQ (Formerly KWNZ), Carson City, Nevada, of the Commission's Memorandum Opinion and Order issued December 1, 2006 ("MO&O"). In that MO&O, the Commission denied Americom's application for review of the Forfeiture Order issued May 28, 2004, by the Chief, Enforcement Bureau ("Bureau"), in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). The noted violations involve Americom's failure to comply with the radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limit applicable to KZTQ's transmission facilities and failure to adequately take measures to prevent the public from accessing areas that exceeded the RFR exposure limits. As discussed below, we dismiss Americom's petition because it does not comply
- http://www.fcc.gov/eb/Orders/2007/DA-07-5051A1.html
- part the petition for reconsideration filed by Entravision Holdings, LLC ("Entravision"), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida of the Forfeiture Order issued February 6, 2007. In the Forfeiture Order, the South Central Region ("Region") of the Enforcement Bureau imposed a monetary forfeiture in the amount of $25,000 on Entravision for the willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). The noted violation involved Entravision's failure to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. II. BACKGROUND 2. The RFR MPE limits, which are set forth in Section 1.1310 of the Rules, include limits for "occupational/controlled" exposure and limits for "general population/uncontrolled" exposure. The occupational exposure
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- FORFEITURE ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Visionary Related Entertainment, L.L.C. ("Visionary"), licensee of FM station KAOI-FM, in Wailuku, Hawaii, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules"). On February 4, 2005, the Enforcement Bureau's Honolulu Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Visionary after determining that Visionary had failed to comply with the Commission's radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. In this
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- ORDER Adopted: February 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-five thousand dollars ($25,000) to Entravision Holdings, LLC ("Entravision"), licensee of station WVEA-LP, 662-668 MHz, in Tampa, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Enforcement Bureau's Tampa Office issued a Notice of Apparent Liability for Forfeiture to Entravision in the amount of twenty-five thousand dollars ($25,000) for the apparent willful and repeated violation of
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- 2, 2007 Released: February 6, 2007 By the Regional Director, South Central Region, Enforcement Bureau: I. introduction 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Infinity Broadcasting Corporation of Florida ("Infinity"), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, for willful and repeated violation of Section 1.1310 of the Commission's Rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. On January 5, 2005, the Tampa Office issued a Notice of Apparent Liability for Forfeiture to Infinity in the amount of twenty thousand dollars ($20,000) for the apparent willful and repeated violation of Section 1.1310
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- Office because it had no gross revenues for the three calendar years prior to the NAL, and supplies financial data to support that claim. To assess A-O's inability to pay argument, we must consider a related proceeding, where, on December 29, 2003, the Commission assessed a $25,000 forfeiture against A-O for operating KTMN in willful and repeated violation of Sections 1.1310, 11.35, 73.1125, and 73.1400 of the Rules. In the 2003 Forfeiture Order, the Commission took into account an argument from A-O concerning its inability to pay the forfeiture amount as A-O submitted documentation stating that it had no revenues. Generally, when analyzing a financial hardship claim, the Commission has looked to gross revenues as a reasonable and appropriate yardstick in
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- of Florida ("Infinity"), licensee of station WQYK-FM, 99.5 MHz, serving St. Petersburg, Florida, pursuant to Section 1.115 of the Commission's Rules ("Rules"). Infinity seeks review of the Forfeiture Order issued February 6, 2007, by the Enforcement Bureau South Central Region ("Region") imposing a monetary forfeiture in the amount of $10,000 on Infinity for the willful and repeated violation of Section 1.1310 of the Rules. The noted violation involved Infinity's failure to comply with radio frequency radiation ("RFR") maximum permissible exposure ("MPE") limits applicable to facilities, operations, or transmitters. In this Order, we consider the various arguments raised by Infinity and for the reasons set forth below, we deny the application for review and affirm the Region's finding of liability and the
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 2, 2011 Released: May 4, 2011 By the District Director, Denver District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Frandsen Media Company, LLC ("Frandsen"), licensee of FM broadcast station KGNT in Smithfield, Utah, apparently willfully and repeatedly violated section 1.1310 of the Commission's rules ("Rules") by failing to comply with radio frequency radiation ("RFR") maximum permissible exposure limits applicable to facilities, operations, or transmitters, and apparently willfully and repeatedly violated section 73.1560(b) of the Rules by operating its transmitter at a power level not authorized by its license. We conclude that Frandsen is apparently liable for a forfeiture in the
- http://www.fcc.gov/eb/Public_Notices/DA-02-197A1.html
- Registration Numbers * AT&T Wireless Services, Inc., Washington, DC. Tampa, FL District Office (12/3/01). * Steel Broadcasting Inc., WMRX-FM, Beaverton, MI. Detroit, MI District Office (12/3/01). * Far West Radio, Inc., Las Vegas, NV. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Los Angeles, CA District Office (12/4/01). * Commonwealth License Subsidiary, LLC, Lamar, CO (KLMR). Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 17.17 (Existing Structures), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.49 (AM Transmission System Fencing Requirements), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/7/01). * Maryland State Highway Administration, Baltimore, MD. Columbia, MD District Office (12/12/01). * Missouri RSA #4 Partnership/DBA Alltel, Lathrop, MO. Other violation: 47 C.F.R.
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- 1.903 - Authorization Required A & M Cartage of Tinley Park, Inc., Mokena, IL. Other violation: 47 C.F.R. 1.923 (Content of Applications). Chicago, IL District Office (9/22/00). 47 C.F.R. 1.1307 - Actions That May Have A Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Denver Educational Broadcasting, Inc., Denver, Colorado. Other violation: 47 C.F.R. 1.1310. Denver, CO District Office (9/25/00). Public Broadcasting of Colorado, Inc., Denver, Colorado. Other violation: 47 CFR 1.1310, 1.1307(b) and 1.1307(b)(3). Denver, CO District Office, 9/25/00. 47 C.F.R. Part 2 - Frequency Allocations and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.925 - Identification of Equipment BEXT Inc., San Diego, CA. Dallas, TX District Office (9/15/00). 47 C.F.R.
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- 47 C.F.R. 1.948 (Assignment of Authorization or Transfer of Control, Notification of Consummation), 90.437 (Posting Station Licenses), and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other
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- for the County, to Marlene H. Dortch, FCC Secretary, dated February 5, 2003 at 2 (``February 5, 2003 County Letter''). See Anne Arundel County Code, Article 28, Preamble. Id., Article 28, 1-101(14B). Id., Article 28, 1-128(a). Id., Article 28, 10-125(j)(l). Id., Article 28, 10-125(k)(1). The Commission's RF emissions guidelines are set forth at 47 C.F.R. 1.1310, 2.1093. Anne Arundel County Code, Article 28, 10-125(j)(2), (k)(2). See Letter from James Hobson, attorney for the County, to Marlene H. Dortch, FCC Secretary, dated August 26, 2002 (``August 26, 2002 County Letter''); Letter from Brian Fontes, Cingular Vice President, to Marlene H. Dortch, FCC Secretary, dated September 11, 2002, Attachment A (``September 11, 2002 Cingular Letter''). Specifically, in
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- of a technical representative the Commission can call in the event of interference; transmitter power output; if separate analog and digital transmitters are used, the power output for each transmitter; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and if applicable, any power reduction in an AM station's primary digital carriers.
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- 53706 ) FORFEITURE ORDER Adopted: May 26, 2004 Released: May 28, 2004 By the Chief, Enforcement Bureau: I. Introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Americom Las Vegas Limited Partnership (``Americom''), licensee of FM radio station KWNZ, Carson City, Nevada, for willful and repeated violation of Section 1.1310 of the Commission's Rules (``Rules''). The noted violations involve Americom's failing to comply with radio frequency radiation (``RFR'') maximum permissible exposure (``MPE'') limits applicable to transmitters on towers. On November 22, 2002, we issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Americom for a forfeiture in the amount of ten thousand dollars ($10,000). Americom filed its response to
- http://www.fcc.gov/fcc-bin/audio/DA-04-712A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-712A1.pdf
- iBiquity hybrid specifications; the name and telephone number of a technical representative the Commission can call in the event of interference; transmitter power output for the analog and digital transmitters; a certification that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; geographic coordinates, elevation data, and license file number for the auxiliary antenna to
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- 73.2080. See File No. B396 - 20030929ANZ. OET Bulletin 65, Edition 97-01, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' at p. 12. ``Opposition to Petition to Deny,'' Exhibit A (``RF Field Study for Tower Top Investments, Inc., Crown Mountain, St. Thomas Tower Facility - August 13, 2003''). Id. See 47 C.F.R. 1.1307(b) and 1.1310. See 47 U.S.C. 309(k). Federal Communications Commission Washington, D.C. 20554 July 31, 2006 DA 06-1551 In Reply Refer to: 1800B3-RDH Released: July 31, 2006 ` e d; s(c)W'*u``uDA:q[ 7|x_ Pn''"O 2Ȉ+"< nL8P:w n``?9q;z %7J..."{(R)⢣ >у r3cF r"WVS...zL"0ځd̓v[E zn ){I.N, DB )-q)<( U<5 Ό2ʍ ax-4o2 s)Ӈ\ k ;4 A XI5'6' `` ޥ!- Hy``Aqu"mƚ}-c?*|< h)2h"Mh
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- (admonishing licensee for its refusal on two occasions to permit unrestricted access to its public file). Shear Informal Objection at 2. Id. We cannot determine, for example, if Dr. Shear's allegation involves exposure to the public or maintenance workers of dangerous levels of radiofrequency (``RF'') radiation from the station, for which the Commission has developed standards. See 47 C.F.R. 1.1310, citing OST/OET Bulletin No. 65, ``Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radiofrequency Radiation.'' Federal Communications Commission Washington, D.C. 20554 March 13, 2007 Bk(/YM`鉉PNG 0eX...W0f"˸ -ʝ D... p-C C\ i8 ] ~'\ gbFJU }p Ӵ:|Y.̕ `]feʦS 8o(R) -o} ^ rt2 ; X0~Be6%70oB(R)xoG k"a n"W -1$7'2 o
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- Exposure. With respect to various objectors' concerns regarding the perceived unhealthy exposure of local residents to RF radiation from KRKO(AM)'s facilities and their concomitant concern that the Commission's RF exposure rules do not provide adequate protection, we observe first that S-R's engineering consultants have established that KRKO(AM)'s proposal complies with the RF radiation exposure limitations contained in Sections 1.1307(b) and 1.1310 of the Rules with the following provisos. S-R will be required to erect a protective fence around the transmission facility and install appropriate warning signs. Additionally, the construction permit will contain a condition requiring S-R to take actual radiation measurements which will be submitted to the Commission to ensure compliance with the RF exposure limitations. Moreover, we reject the objectors'
- http://www.fcc.gov/fcc-bin/audio/DA-10-2004A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-2004A1.pdf
- and Order, 21 FCC Rcd 14212, 14220 (2006); CMP-Houston KC, LLC, Memorandum Opinion and Order, 23 FCC Rcd 10656, 10660 n.31 (2008), citing Cloud Nine Broadcasting, Inc., Letter, 10 FCC Rcd 11555, 11556 (1995). Filed on Mar. 10, 2009. The Lay/Moore Objection noted that it ``has the same concerns'' as Matthews and agrees with her comments. 47 C.F.R. 1.1307(b), 1.1310, 2.1091, and 2.1093. Third Matthews Objection at 2; 42 U.S.C. 4321 et. seq. (1976). Second Matthews Objection at 2. Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (Jan. 6, 2009) (``First Congressional''); Letter to the Honorable Lisa Murkowski from Julius P. Knapp, Chief, Office of Engineering and Technology (May 12, 2009)
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- - 1.0 mV/m. For AM - 0.5 mV/m contour; for FM - 1.0 mV/m contour. . . See 47 C.F.R. 1.1914. Estimated by the staff. The STA request specified an efficiency of 300 mV/m/km/kW; however, experience indicates that the efficiency of a long wire antenna is substantially less. See 47 CFR 73.45(c), 73.51, 73.61(b). See 47 CFR 1.1310. Special Temporary Authorizations by nature are to be temporary and are not intended for extended use. Licensees of stations operating under special temporary authorizations are reminded that timely restoration of permanent facilities is the responsibility of the licensee and should be undertaken expeditiously. Any request for extension of special temporary authorizations carries an increased burden with each subsequent request. Therefore,
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- by Citizens, Day and Highberger regarding the perceived unhealthy exposure of local residents to RF radiation from both KRKO(AM)\rquote s and CAAM\rquote s facilities, we observe that CAAM\rquote s engineering consultants have established that operation of both KRKO(AM) and CAAM\rquote s new AM station at the site will comply with the RF radiation exposure limitations contained in Sections 1.1307(b) and 1.1310 of the Rules}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \i\fs22 }{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 with the following provisos.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs23\fs22\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 47 C.F.R. \'a7\'a7 1.1307(b), 1.1310. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See also}{\rtlch\fcs1 \af0 \ltrch\fcs0 OST/OET Bulletin No. 65, \'93Evaluating Compliance with FCC-Specified Guidelines
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- renewal applications. For the reasons set forth below, we grant the Objection to the extent indicated herein and otherwise deny, grant the renewal applications for the limited term of twelve (12) months from the release date of this letter, conditioned on Visionary's implementation of a radio frequency radiation (``RFR'') training program, and grant the covering license applications. BACKGROUND 2. Section 1.1310 of the Commission's Rules (``Rules'') sets maximum permissible exposure (``MPE'') levels of human exposure to RFR. The Rules provide for separate MPE limits for areas of ``occupational/controlled'' exposure and areas for ``general population/uncontrolled'' exposure. Licensees can demonstrate compliance by restricting public access to areas where RFR exceeds the public MPE limits. 3. KAOI-FM. Vockrodt-Moran is an employee of the Arboretum.
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- representative the Commission can call in the event of interference; d) transmitter power output; if separate analog and digital transmitters are used, the power output for each transmitter; e) a certification that analog effective radiated power remains as authorized; f) a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and g) if applicable, any power reduction in an AM station's primary digital
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- law. Section 1.1307(b) provides that Commission actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations, or modifications in existing facilities require the preparation of an EA if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency (RF) emissions in excess of the guidelines that the Commission has adopted. See 47 C.F.R. 1.1310, 2.1093. 47 C.F.R. 1.1306(a). 47 C.F.R. 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will require that an EA
- http://www.fcc.gov/oet/rfsafety/Welcome.html
- at frequencies of 300 kHz to 100 GHz. In addition, the Commission adopted the specific absorption rate (SAR) limits for devices operating within close proximity to the body as specified within the ANSI/IEEE C95.1-1992 guidelines. (See [40]Report and Order, FCC 96-326) The Commission's requirements are detailed in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093]. The potential hazards associated with RF electromagnetic fields are discussed in [41]OET Bulletin No. 56, "Questions and Answers About the Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields." [42]More Info.... Frequently Asked Questions (FAQ) Human Exposure to RF * [43]Radiofrequency Energy FAQs This section contains answers to the most frequently asked questions received by the Commission concerning
- http://www.fcc.gov/oet/rfsafety/background.html
- operating at frequencies of 300 kHz to 100 GHz. In addition, the Commission adopted the specific absorption rate (SAR) limits for devices operating within close proximity to the body as specified within the ANSI/IEEE C95.1-1992 guidelines.(See [24]Report and Order, FCC 96-326) The Commission's requirements are detailed in Parts 1 and 2 of the FCC's Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093]. Certain applicants are required to routinely perform an environmental evaluation with respect to determining compliance with the Commission's exposure limits. In the event that an applicant determines the site is not within compliance, the submission of an Environmental Analysis is required. The SAR limits for portable and mobile devices became effective August 7, 1996. The Commission's limits for