FCC Web Documents citing 1.1311

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

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  • 200732100014 ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau (``Bureau'') and United States Cellular Corporation (``US Cellular''). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules (``Rules'') with respect to its construction of a wireless base station near Fries, Virginia. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that
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  • A certification that the notified operation will not cause human exposure to levels of radio- frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment ("EA") pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation withincreased digital ERP are deemed to have complied with the required notification procedures. All such STAs carry expiration dates after the May 10, 2010, effective date of the Order, and thus, need not be extended. Licensees must electronically
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  • 1.1312(a). See supra note 2. 47 C.F.R. § 1.1307. Id. § 1.1312(a) (``In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in § 1.1307 of this part.''). Id. § 1.1311. See id. §§ 1.1308, 1.1312(b). Id. § 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See
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  • § 800.2(c)(2); 47 C.F.R. § 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. § 1.1307(a)(4) Note. Id. § 1.1307(a)(4); see also 47 C.F.R. §§ 1.1308, 1.1311. Id.. §§ 1.1200-1.1216. See Id. § 1.1206(b)(2). See Id. § 1.1206(b). Under the Council's rules, the Council and Conference must be parties to the Nationwide Agreement. Therefore, for purposes of the Commission's ex parte rules, in this proceeding we shall treat presentations from these entities and their staffs as exempt presentations under 47 C.F.R. § 1.1204(a)(5). See Id. § 1.415,
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  • applicable licensing rules and procedures. Id. § 1.1312(c). See 47 C.F.R. § 1.1308. The Commission's rules provide that if an EA is required to be prepared, it ``shall deal specifically with any feature of the site which has special environmental significance (e.g., . . . natural migration paths for birds and other wildlife . . . ).'' 47 C.F.R. § 1.1311(b). In adopting its initial comprehensive environmental rules in 1974, which have since been amended, see Order Amending Environmental Rules, the Commission stated that the location of antenna towers exceeding 500 feet in height along favored bird migration routes should be avoided, if possible and, if not, should be discussed by the applicant. Implementation of the National Environmental Policy Act of
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  • the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West
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  • the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West
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  • limitations contained in Sections 25.132, 25.209, 25.211, and 25.212 of the Commission's rules; (3) the station has been successfully coordinated with terrestrial operations; (4) the applicant has notified the Federal Aviation Administration, where necessary, as required by Part 17 and Section 25.113(c) of the Commission's rules; (5) the applicant has provided the environmental impact statement specified in Sections 1.1308 and 1.1311 of the Commission's rules, if the proposed operations will have a significant environmental impact as defined in the Commission's radiation hazard standards in Section1.1307 of the rules; (6) the applicant seeks to communicate only with Permitted List satellites, i.e., those previously authorized to provide service in the United States; and (7) the proposed station is otherwise consistent with the Commission's
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  • Opposition at 25, Exhibit D. Id. at 22, Exhibit B at 4. See Tennant Petition at 5-7. Question 28 of Form 854 provided, ``Would a Commission grant of this application be an action which may have a significant environmental effect as defined by Section 1.1307(a) of the Commission's Rules? If ``yes,'' submit the statement as required by Section 1.1308 and 1.1311.'' See ``Application for Antenna Structure Registration'' (FCC 854) June 1996. This form was amended in 1999. Question 38 (the equivalent of Question 28 on the old form) now states, ``Would a Commission grant of Authorization for this location be an action which may have a significant environmental effect? See Section 1.1307 of 47 CFR. If ``yes,'' submit an environmental assessment
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  • the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West
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  • Mound,'' DA 01-1600 (rel. July 6, 2001). See 47 C.F.R. § 1.1312(d)(``If, following the initiation of construction..., [a] licensee or applicant discovers that the proposed facility may have a significant environmental effect, it shall immediately cease construction....''); see also 36 C.F.R. § 800.13 (procedures for post-review discoveries). FCC Tribal Policy Statement, 16 FCC Rcd. at 4080. See 47 C.F.R. § 1.1311(e) (providing that an EA need not be submitted to the Commission if another federal agency has assumed responsibility for environmental review). See 47 C.F.R. §§ 1.1307(a), 1.1307(b). See 47 C.F.R. § 1.1307(a)(4). Other categories are wilderness areas, wildlife preserves, endangered species, Indian religious sites, floodplains, surface features, high intensity lights in residential neighborhoods, and excessive radiofrequency exposure. See 47 U.S.C.
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  • Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (wetlands). 40 C.F.R. §§ 1500-1508. 47 C.F.R. § 1.1307(a)(8). 47 C.F.R. § 1.1307(b). 47 C.F.R. § 1.1307(a). 47 C.F.R. § 1.1306. See 47 C.F.R. §§ 1.1308, 1.1311. 47 C.F.R. § 1.1313. 47 C.F.R. §§ 1.1314-1.1319. CTIA Comments at 9-15; RCA Reply Comments at 4. See also Texas RSA 15B2 et al. Ex Parte Comments at 2-5 (supporting CTIA's proposal to streamline the NEPA compliance procedures). We note that Texas RSA 15B2 et al. did not file comments until November 27, 2002, after the comment period had closed.
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  • Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (wetlands). 40 C.F.R. §§ 1500-1508. 47 C.F.R. § 1.1307(a)(8). 47 C.F.R. § 1.1307(b). 47 C.F.R. § 1.1307(a). 47 C.F.R. § 1.1306. See 47 C.F.R. §§ 1.1308, 1.1311. 47 C.F.R. § 1.1313. 47 C.F.R. §§ 1.1314-1.1319. CTIA Comments at 9-15; RCA Reply Comments at 4. See also Texas RSA 15B2 et al. Ex Parte Comments at 2-5 (supporting CTIA's proposal to streamline the NEPA compliance procedures). We note that Texas RSA 15B2 et al. did not file comments until November 27, 2002, after the comment period had closed.
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  • the County of Albemarle (Albemarle) for a proposed 800 MHz public safety facility on Peter's Mountain, Albemarle County, Virginia, FCC File No. 0000986878. Because the proposed construction falls within a category of potential significant environmental impact under Sec. 1.1307 of the Federal Communications Commission (Commission) rules, Albemarle filed an Environmental Assessment (EA) with the application, pursuant to Sections 1.1308 and 1.1311 of the Commission's rules. The National Trust for Historic Preservation (Trust) and the Piedmont Environmental Council (PEC) sent to the Deputy Chief of the Commercial Wireless Division (Division) objections, both contending that the EA is insufficient to establish that the proposed tower will have no significant impact on historic properties, and therefore the grant of the Application and construction of
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  • and Competition Policy Division, Wireless Telecommunications Bureau: IntroductioN In this Order, we grant an Application for Wireless Radio Station Authorization (``Application'') filed on May 20, 2003, by VoiceStream PCS II License Corporation (``VoiceStream'' or ``T-Mobile'') for a proposed 145-foot monopole communications tower, FCC File No. 0001315120. VoiceStream filed an Environmental Assessment (``EA'') with the application, pursuant to Sections 1.1308 and 1.1311 of the Commission's rules. On June 19, 2003, Mr. Larry Kane, on behalf of himself, certain residents of North Ridgeville, Ohio, certain members of the North Ridgeville Historical Society and certain members of the Audubon Society of Greater Cleveland (collectively ``Petitioners''), filed a Petition to Deny, contending that the EA is insufficient to establish that the proposed tower will have
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  • that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and if applicable, any power reduction in an AM station's primary digital carriers. A copy of the notification letter shall be posted next to the station license and a copy retained in the station's public inspection file. Digital notifications shall be sent to the following
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  • the State's MIEMSS towers at Hagerstown, MD instead of a microwave link. Second, the State could relocate antennas to a nearby commercial tower. Third, the State could build multiple shorter towers. Fourth, the State could modify the proposed tower's height to the approximate heights of the nearby FAA tower and the cement silo in the adjacent Federal facility. Under Section 1.1311(a)(4) of the Commission's rules, applicants are required to discuss in an EA their grounds for rejecting alternatives to their proposal based on both environmental and other considerations. Determining reasonable alternatives thus involves a balancing test of environmental factors and several other factors, including but not limited to cost, feasibility, technological requirements, the need for service, and the public interest. In
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  • have individually. Forest/ABC's generalized assertions of cumulative effects therefore do not provide a basis for challenging the Deersville tower or for determining that the Deersville tower may have a significant environmental impact on migratory birds. 11. Forest/ABC also argue that the EA does not consider reasonable alternatives, including a "no action" alternative to not construct the Deersville tower.43 Under Section 1.1311(a)(4) of the Commission's rules, applicants are required to discuss in an EA their grounds for rejecting alternatives to their proposal based on both environmental and other considerations.44 Determining reasonable alternatives thus involves a balancing test of environmental factors and several other factors, including but not limited to cost, feasibility, technological requirements, the need for service, and the public interest. In
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  • any specific factual allegations regarding how the three modification application fail to meet NEPA requirements. See Area Christian Television, Inc., 60 RR 2d 862, 864 (1986). Second, with respect to CARE's argument regarding RFR exposure, we have evaluated each of the subject proposals and find that each complies with the Commission's current RFR exposure rules. See 47 C.F.R. §§ 1.1307(b), 1.1311. Finally, with respect to CARE's NHPA-based objection regarding the effects of the towers on the historic Lariat Trail and the National Register-listed Buffalo Bill's Grave and Museum and the Pahaska Teepee, we believe that the instant proposals do implicate the NHPA. We are unaware of any current authority supporting the contention that the replacement of an existing structure is not
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  • that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; geographic coordinates, elevation data, and license file number for the auxiliary antenna to be employed for digital transmissions; and for systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits
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  • Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (wetlands). 40 C.F.R. §§ 1500-1508. 47 C.F.R. § 1.1307(a)(8). 47 C.F.R. § 1.1307(b). 47 C.F.R. § 1.1307(a). 47 C.F.R. § 1.1306. See 47 C.F.R. §§ 1.1308, 1.1311. 47 C.F.R. § 1.1313. 47 C.F.R. §§ 1.1314-1.1319. See 47 C.F.R. § 1.1301 (stating that provisions of Part 1, Subpart I of the Commission's rules implement Subchapter I of NEPA). 47 C.F.R. § 1.1307(a). Section 11 of the Communications Act instructs the Commission to review ``all regulations issued under this Act . . .'' 47 U.S.C. § 161 (emphasis added).
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  • this information, we are dismissing this application as defective. Moreover, because Vyvx responded yes to question 28 of the 312 Main Form, which asks whether a Commission grant of any proposal in this application would have a significant environmental impact as defined by 47 C.F.R. §1.1307, its application should also include an Environmental Assessment, as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. §§ 1.1308 and 1.1311. .F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. §0.261, we dismiss this application as defective without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau Amendment of the Commission's Regulatory Policies to Allow Non-U.S.-Licensed Space Stations to
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  • by first class mail and certified mail return receipt requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. §§ 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. §§ 4321-4335. 47 C.F.R. § 1.1307. See 47 C.F.R. § 1.1311. See 47 C.F.R. § 1.1308. 47 C.F.R. § 1.1312. 16 USC §§ 1531 et seq. See 47 C.F.R. § 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to
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  • Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. § 1.1307(a)(4). 42 U.S.C. §§ 4321-4335. 47 C.F.R. § 1.1307. See 47 C.F.R. § 1.1311. See 47 C.F.R. § 1.1308. 47 C.F.R. § 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) (``Collocation Agreement''). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report
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  • Order, we grant an Application for Antenna Structure Registration (Application) filed by American Tower Corporation (American Tower), FCC File No. A0461656. Because the proposed construction falls within a category of potential significant environmental impact under Section 1.1307 of the Federal Communications Commission (Commission) rules, American Tower filed an environmental assessment (Environmental Assessment) with the Application, pursuant to Sections 1.1308 and 1.1311 of the Commission's rules. Several local residents petitioned to deny the Application, contending that the tower should not be constructed as proposed due to several asserted environmental impacts, and that the grant of the Application and construction of the tower would be inconsistent with the Commission's environmental rules implementing the National Environmental Policy Act of 1969 (NEPA) and Section 106
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  • on historic properties pursuant to Section 106 of the National Historic Preservation Act prior to making an affirmative environmental certification in Section III-B, Item 17, of FCC Form 301 for the Auxiliary Facility site. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Creative Educational Media Corp., Inc. Miller Environmental, Inc. See Application No. BPED-20070727ADB. 47 C.F.R. § 1.1307(a), 1.1311. 47 C.F.R. § 1.1307(a)(4)(5) (emphasis supplied). 16 U.S.C. § 470 et seq., particularly 16 U.S.C. § 470f (``Section 106''). Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd 1073 (2004), clarified, 20 FCC Rcd 17995 (2005), aff'd, CTIA-The Wireless Ass'n. v. FCC, No. 05-1008 (D.C. Cir. September 26, 2006) (the
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  • Reg. 26,951 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (floodplains); Executive Order 11990, 42 Fed Reg. 26,961 (May 24, 1977), reprinted as amended in 42 U.S.C. § 4321 note (wetlands). 40 C.F.R. §§ 1500-1508. 47 C.F.R. § 1.1307(a)(8). 47 C.F.R. § 1.1307(b). 47 C.F.R. § 1.1307(a). 47 C.F.R. § 1.1306. See 47 C.F.R. §§ 1.1308, 1.1311. 47 C.F.R. § 1.1313. 47 C.F.R. §§ 1.1314-1.1319. Navajo Nation comments at 6. Id. See 47 C.F.R. § 1.1301 (stating that provisions of Part 1, Subpart I of the Commission's rules implement Subchapter I of NEPA). 47 C.F.R. § 1.1307(a). Section 11 of the Communications Act instructs the Commission to review ``all regulations issued under this Act . . .''
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  • 200732100014 ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau (``Bureau'') and United States Cellular Corporation (``US Cellular''). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules (``Rules'') with respect to its construction of a wireless base station near Fries, Virginia. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that
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  • proximity of the proposed KRKO(AM) towers to the Harvey Airfield a private, ``FAA-designated general aviation reliever airport.'' Because the Application proposed to construct the KRKO(AM) towers in a flood plain, the Staff requested S-R to submit an environmental assessment (``EA'') pursuant to Section 1.1307(a)(6) of the Commission's Rules (the ``Rules''). The EA was to contain the information specified in Section 1.1311 of the Rules, and it was to address each of the factors set forth in Section 1.1307 of the rules to support the Licensee's contention that the project is categorically excluded from environmental processing. S-R submitted the EA, prepared by LSI Adapt, Inc., on August 17, 2001. In an amendment to the EA filed on July 13, 2007, at the
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  • area that has been delineated a wetland, Potomac submitted an EA required by Section 1.1307 of the Rules on July 28, 2008. Public Notice of the EA was issued on August 26, 2008. The Commission received no comments in response to the Notice. Upon examination of the EA, we find that the information supplied satisfies the requirements specified in Section 1.1311 of the Rules. Accordingly, pursuant to Section 1.1308 of the Rules, we find that the Station's proposed daytime antenna system will have no significant environmental impact on the quality of the human environment, and no further environmental processing is warranted. Birach Informal Objection Birach asserts that Potomac and its principals, James Weitzman and Edwin Tornberg, have ``developed an unhealthy obsession
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  • to be false because White Park did not have a basis for so certifying. Citing the FCC Form 301 Instructions and Worksheet #3 included in those Instructions, Legend states that, in order to make an affirmative environmental certification, an applicant is required to examine eight factors, spelled out on Worksheet #3, and must submit an Environmental Assessment pursuant to Section 1.1311 if it answers ``Yes'' to any of them. Legend continues that, in order to answer each of these questions, applicants are required to perform certain ``due diligence'' with respect to the proposed tower site, which in some cases involves consulting with offices or agencies with expertise in certain areas. Legend states that, in order to make an affirmative certification in
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  • Judith-B.Herman@fcc.gov. FEDERAL COMMUNICATIONS COMMISSION Steven VanRoekel Managing Director (b) Display 3060-0674 Sec. 76.1618 08/31/11 3060-0678 Part 25 of the Commission's Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Stations and Space Stations 09/30/13 3060-0681 Secs. 52.103 and 52.105 09/30/12 3060-0685 FCC 1210 and FCC 1240 01/31/12 3060-0686 Secs. 63.10, 63.11, 63.13, 63.18, 63.19, 63.21, 63.24, 63.25 and 1.1311, International Section 214 Process and Tariff Requirements 03/31/12 3060-0687 Access to Telecommunications Equipment and Services by Persons with Disabilities, CC Docket No. 87-124 06/30/12 3060-0688 FCC 1235 08/31/13 3060-0690 Sec. 101.17 06/30/12 3060-0691 Sec. 90.665 07/31/13 3060-0692 Secs. 76.613, 76.802, and 76.804 02/28/13 3060-0695 Sec. 87.219 11/30/11 3060-0698 Secs. 23.20, 25.203, and 73.1030, Radio Astronomy Coordination Zone in Puerto Rico
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  • and A certification that the notified operation will not cause human exposure to levels of radio-frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment (``EA'') pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation with increased digital ERP are deemed to have complied with the required notification procedures. All such STAs carry expiration dates after the May 10, 2010, effective date of the Order, and thus, need not be extended. Licensees must
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  • contains internal inconsistencies, or does not substantially comply with the Commission's rules. The MSS application has the following deficiencies, which renders the application unacceptable and subject to dismissal: MSS did not submit the required Schedule B (see Section 25.130(a) of the Commission's rules, 47 C.F.R. § 25.130(a)); MSS did not submit the required radiation hazard report (see Section 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. §§ 1.1308 and 1.1311, and Main Form 312, item 28). Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss the application as defective without prejudice to re-filing. Sincerely, Paul E. Blais Chief, Systems
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  • substantiallycomplete, contains internal inconsistencies, or does not substantiallycomply with the Commission's rules. The MSS application has the following deficiencies, which renders the application unacceptable and subject to dismissal: 1. MSS did not submit the required Schedule B (seeSection 25.130(a) of the Commission's rules, 47 C.F.R. § 25.130(a)); 2. MSS did not submit the required radiation hazard report (seeSection 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. §§ 1.1308 and 1.1311, and Main Form 312, item 28). Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss the application as defective without prejudice to re-filing.1 Sincerely, Paul E. Blais Chief, Systems
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  • that may have significant environmental effects, such as those involving location of facilities in a flood plain, Licensees must prepare and submit to the Commission an EA}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1311. }}}{\rtlch\fcs1 \af0 \ltrch\fcs0 and undergo environmental review and any mandatory consultation with expert agencies, prior to initiating construction.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{ \rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See}{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1308.}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs26\cf1 The
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  • to the process set forth in § 17.4(c) of this chapter, the applicant is required to indicate at the time its application is filed whether or not a Commission grant of the application for those facilities may have a significant environmental effect as defined by § 1.1307 of this chapter. If the applicant answers affirmatively, an Environmental Assessment, required by §1.1311 of this chapter, must be filed with the application and environmental review by the Commission must be completed prior to construction. ***** 4. Section 1.929 is amended by revising paragraph (a)(4) to read as follows: § 1.929 Classification of filings as major or minor. ***** (a)***** 4) Application or amendment requesting authorization for a facility that may have a significant
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  • to the process set forth in § 17.4(c) of this chapter, the applicant is required to indicate at the time its application is filed whether or not a Commission grant of the application for those facilities may have a significant environmental effect as defined by § 1.1307 of this chapter. If the applicant answers affirmatively, an Environmental Assessment, required by §1.1311 of this chapter, must be filed with the application and environmental review by the Commission must be completed prior to construction. ***** 4. Section 1.929 is amended by revising paragraph (a)(4) to read as follows: § 1.929 Classification offilings as major or minor. *****(a)***** 4) Application or amendment requesting authorization for a facility that may have a significant environmental effect
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  • 1.1312(a). See supra note 2. 47 C.F.R. § 1.1307. Id. § 1.1312(a) (``In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in § 1.1307 of this part.''). Id. § 1.1311. See id. §§ 1.1308, 1.1312(b). Id. § 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See
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  • on the in formation provided by CSCI, we conclude that the grant of the requested authorization will not have a significant ef fect on the environment as defined in Section 1.1307 of the Commission's Rules and Regulations implementing the Na tional Environmental Policy Act of 1969.18 Consequently, no environmental assessment is required to be submitted with this application under Section 1.1311 of the Commis sion's rules.19 10. Accordingly, in view of the above, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of a license to CSCI as conditioned below. ORDERING CLAUSES 11. Consistent with the foregoing, the Bureau hereby GRANTS AND ISSUES, under the provisions of the Cable Landing License Act and Executive
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  • 11. Based on the information provided by Bahamas Express, we conclude that the grant of the requested authorizations will not have a significant effect on the environment as defined in Section 1.1307 of the Commission's rules and regulations implementing the National Environmental Policy Act of 1969.23 Consequently, no environmental assessment is required to be submitted with these applications under Section 1.1311 of the Commission's rules.24 12. Accordingly, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of the license to Bahamas Express, as conditioned below. ORDERING CLAUSES 13. Consistent with the foregoing, the Bureau hereby GRANTS AND ISSUES, under the provisions of the Cable Landing License Act and Executive Order 10530, Bahamas Express Communications,
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  • and Order, FCC 96-79 (rel. Mar. 13, 1996) 21 47 C.F.R. § 1.767(a)(5). 11892 of the requested authorizations will not have a significant effect oh the environment as defined in Section 1.1307 of the Commission's rules and regulations implementing the National Environmental Policy Act of 1969.22 Consequently, no environmental assessment is required to be submitted with these applications under Section 1.1311 of the Commission's rules.23 12. Accordingly, we conclude that U.S. interests under the Cable Landing License Act will be served by grant of the license to Asia Direct, as conditioned below. Ordering Clauses 13. Consistent with the foregoing, we hereby GRANT AND ISSUE, under the provisions of the Cable Landing License Act and Executive Order 10530, Asia Direct Communications, L.L.C.,
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  • Section 1.767 of the Commission's rules.67 Based on this information, we conclude that grant of the requested authorization will not have a significant effect on the environment as defined in Section 1.1307 of the Commission's Rules and Regulations implementing the National Environmental Policy Act of 1969.68 Consequently, no environmental assessment is required to be submitted with this application under Section 1.1311 of the Commission's rules.69 IV. Conclusion 69. We conclude that AT&T-SSI is not a "telecommunications carrier" as defined by the 1996 Act. In applying the NARUC I standard, we conclude that the public interest does not require common carrier regulatory treatment of the St. Thomas-St. Croix cable system. There are sufficient alternative facilities in the relevant markets that the proposed
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  • to Part 1 of this Chapter, and the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission, Appendix C to Part 1 of this Chapter. FEDERAL COMMUNICATIONS COMMISSION Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. § 1.1307(a)(4). Id.; see also 47 C.F.R. §§ 1.1308, 1.1311. Federal Communications Commission DA 03-2116 Federal Communications Commission DA 03-2116 ( ) < < < ­
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  • Communication (ssteliitcs & countries) j - authorization for facilities for which environmental assessment and radiation hazard reporting is rquind k -0th- (Please Specify) I ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this a lication or amendment have a significant environmental im ct as defined by 47 CFR I .I 307? oms pJNO IfYES,submltthe statementtlsnquiredby Sectlons 1.ffO8and 1.1311 oftheCommission'snrkE,47C.F.R. 18 I.l&?and 1.1311,ss~exhibittothisnpplication. A Radiation Hazard Study must accomDany all amlications as an exhibit for new transmitting facilities. maior modifications. or maior amendments. Refer to OET Bulletin 65. FCC 312. Main Form -Pa e 2 February. 1b8 ALIEN OWNERSHIP !9. Is the applicant a foreign government or the representative of any foreign government? 10. Is the applicant an alien
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  • operate in an area that requires frequency coordination with Canada or Mexico? ( ) Yes No 48) Would a Commission grant of Authorization for this location be an action which may have a significant ( ) Yes No environmental effect? See Section 1.1307 of 47 CFR. If `Yes', submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 49a) If the site is located in one of the Quiet Zones listed in Item 49b of the Instructions, provide the date (mm/dd/yyyy) that the proper Quiet Zone entity was notified: _____/_____/_____ 49b) Has the Applicant obtained prior written consent from the proper Quiet Zone entity for the same technical parameters that are specified in this application? ( ) Yes
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  • 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 exposure limits, see Section 1.1310 of the Commission's rules, 47 C.F.R. § 1.1310. See 47 C.F.R. § 25.113(b). See 47 C.F.R. § 25.116(b)(2). 1996 Streamlining Order, 11 FCC Rcd at 21583-85 (paras. 6-9) (space station construction); 21590-91 (para. 23) (earth station construction). 47 C.F.R. § 25.274(c). 47 C.F.R.
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  • 8. The Commission's environmental rules are codified at 47 C.F.R. §§ 1.1301-1.1319. 42 USC § 4321-4347. 16 USC § 1531-1543. Id. § 470. Id. § 1131-1136. Id. § 470aa. Id. § 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. § 1501-1508. 47 C.F.R. § 1.1307(a)(8). Id. § 1.1307(b). Id. § 1.1307(a). Id. § 1.1306. Id. §§ 1.1308, 1.1311. Id. § 1.1313. Id. § 1.1314-1.1319. Wireless Telecommunications Bureau Seeks Comment on a Draft Programmatic Agreement with Respect to Co-locating Wireless Antennas on Existing Structures, DA 00-2907 (rel. Dec. 26, 2000 (Co-location PN). Memorandum from John M. Fowler, Executive Director, ACHP, to FCC, SHPOs, and THPOs, dated Sept. 21, 2000. Sprint Comments at 9. Alloy Comments at 9; Verizon Comments
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  • to transmit including renewals of licenses to transmit, equipment authorization or modification in existing facilities require the preparation of an EA if the facility, operation or transmitter would cause human exposure to levels of radio frequency radiation in excess of the limits in 47 C.F.R. §§ 1.1310 and 2.1093. 47 C.F.R. §§ 1.1307(a)-(b), 1.1310, 2.1093. 47 C.F.R. §§ 1.1307(a)-(b), 1.1308, 1.1311. See 47 C.F.R. §§ 1.1308(a) and 1.1311(a); 40 C.F.R. § 1506.5(b). 47 C.F.R. §§ 1.1308(c), 1.1314-1.1319. See Petition for Rulemaking at 6. PEER proposes that the Commission adopt the following definitions: a ``private utility'' would be any facility element of a networked system required to store, supply or generate the commodity moved over the network or used to transmit such
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  • an order, public notice or other official action as necessary for authorization. * * * * * (g) Where the applicant is seeking facilities-based authority under paragraph (e)(3) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by § 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in § 1.1311 of this chapter need not be filed with the application. * * * * * Note to paragraph (h): Ownership and other interests in U.S. and foreign carriers will be attributed to their holders and deemed cognizable pursuant to the following criteria: Attribution of ownership interests in a carrier that are held indirectly by any party through one or more
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  • 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 carriers. Notifications shall be sent to the Federal Communications Commission, Digital Radio Notification, 445 12th Street SW, Room 2-B450, Washington, DC, 20554. A copy of the notification shall be posted next to
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  • resolve the problem after construction and operation of the Medora tower, has no bearing on the underlying violation in this case, which occurred before any such cooperative efforts and has continued since. In particular, we note that the Zoning Board's approval of Western's application is irrelevant to whether the tower has a significant environmental effect under the Commission's rules. Section 1.1311(c) of the Rules states that an EA should be accompanied with evidence of site approval obtained from local or Federal land use authorities, thus recognizing that such zoning approval does not preclude the need for an EA (or, in appropriate cases, an EIS). Further, Section 1.1311(e) provides that an EA need not be submitted if another Federal Government agency has
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  • § 800.2(c)(2); 47 C.F.R. § 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. § 1.1307(a)(4) Note. Id. § 1.1307(a)(4); see also 47 C.F.R. §§ 1.1308, 1.1311. Id.. §§ 1.1200-1.1216. See Id. § 1.1206(b)(2). See Id. § 1.1206(b). Under the Council's rules, the Council and Conference must be parties to the Nationwide Agreement. Therefore, for purposes of the Commission's ex parte rules, in this proceeding we shall treat presentations from these entities and their staffs as exempt presentations under 47 C.F.R. § 1.1204(a)(5). See Id. § 1.415,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-125A1_Erratum.doc
  • § 800.2(c)(2); 47 C.F.R. § 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. § 1.1307(a)(4) Note. Id. § 1.1307(a)(4); see also 47 C.F.R. §§ 1.1308, 1.1311. Id.. §§ 1.1200-1.1216. See Id. § 1.1206(b)(2). See Id. § 1.1206(b). Under the Council's rules, the Council and Conference must be parties to the Nationwide Agreement. Therefore, for purposes of the Commission's ex parte rules, in this proceeding we shall treat presentations from these entities and their staffs as exempt presentations under 47 C.F.R. § 1.1204(a)(5). See Id. § 1.415,
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  • applicable licensing rules and procedures. Id. § 1.1312(c). See 47 C.F.R. § 1.1308. The Commission's rules provide that if an EA is required to be prepared, it ``shall deal specifically with any feature of the site which has special environmental significance (e.g., . . . natural migration paths for birds and other wildlife . . . ).'' 47 C.F.R. § 1.1311(b). In adopting its initial comprehensive environmental rules in 1974, which have since been amended, see Order Amending Environmental Rules, the Commission stated that the location of antenna towers exceeding 500 feet in height along favored bird migration routes should be avoided, if possible and, if not, should be discussed by the applicant. Implementation of the National Environmental Policy Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-55A1.txt
  • the applicant must provide information in its application sufficient for the Commission to verify this fact. Environmental concerns. Each applicant is required to indicate at the time its application is filed whether a Commission grant of the application may have a significant environmental effect, as defined by § 1.1307 of this part. If yes, an Environmental Assessment, required by § 1.1311 of this part, must be filed with the application and environmental review by the Commission must be completed prior to construction. International coordination. Channel assignments and usage under Part 78 are subject to the applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico. Taxpayer Identification Number (TINs).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1.txt
  • this Act for the operation of any station unless a permit for its construction has been granted by the Commission.''). 47 U.S.C. § 319(d). (discussing increased flexibility afforded to licensees to manage their spectrum and reduction in administrative burdens and operating costs where prior approval for construction under a geographic license is not required). See, e.g., 47 C.F.R. §§ 1.1307(a)(4), 1.1311(b), 1.1312(b). Amendment of Environmental Rules, 5 FCC Rcd 2942 (1990) (requiring licensees and applicants to ascertain prior to construction whether proposed facilities may have a significant environmental effect). 47 C.F.R. § 1.1312(b). , 17.7. ; see also State of Maryland Department of Budget and Management, 16 FCC Rcd 17130 (Wireless Tel. Bur 2001) (granting application for antenna structure registration to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1_Erratum.doc
  • this Act for the operation of any station unless a permit for its construction has been granted by the Commission.''). 47 U.S.C. § 319(d). (discussing increased flexibility afforded to licensees to manage their spectrum and reduction in administrative burdens and operating costs where prior approval for construction under a geographic license is not required). See, e.g., 47 C.F.R. §§ 1.1307(a)(4), 1.1311(b), 1.1312(b). Amendment of Environmental Rules, 5 FCC Rcd 2942 (1990) (requiring licensees and applicants to ascertain prior to construction whether proposed facilities may have a significant environmental effect). 47 C.F.R. § 1.1312(b). , 17.7. ; see also State of Maryland Department of Budget and Management, 16 FCC Rcd 17130 (Wireless Tel. Bur 2001) (granting application for antenna structure registration to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-270A1.txt
  • steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations. Western Wireless Corporation and WWC Holding Co., Inc., 18 FCC Rcd 10319 (2003). 47 U.S.C. § 301. 47 C.F.R. § 1.1307. See 47 C.F.R. §§ 1.1308 and 1.1311. See 47 C.F.R. § 1.1312; see also 47 C.F.R. § 22.165(c). 16 U.S.C. §§ 470-470w. In particular, Section 106 of the NHPA requires Federal agencies, such as the Commission ``prior to the issuance of any license ... [to] take into account the effect of the undertaking on any district, site, building, structure or object that [qualifies as a Historic Property].''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-33A1.txt
  • in § 73.317; (10) a certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in § 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to § 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment ("EA") pursuant to § 1.1311 and may not commence IBOC operation until such EA is ruled upon by the Commission. * * * * * § 73.1201 Station Identification. (b) Content. (1) Official station identification shall consist of the station's call letters immediately followed by the community or communities specified in its license as the station's location; Provided, That the name of the licensee, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-201A1.txt
  • 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 spectrum. Part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-256A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-256A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-256A1.txt
  • ``Yes'' to this question, the applicant also certifies that it, in coordination with other users of each transmitter site, will reduce power or cease operation as necessary to protect persons having access to each site, transmitter or antenna from radio frequency electromagnetic exposure in excess of FCC guidelines.) (If ``No,'' provide an Environmental Assessment as required by 47 C.F.R. Section 1.1311.) No The antenna structures to be used by the proposed DTS facility have been registered with the Commission and will not require re-registration to support the proposed antennas, OR the FAA has previously determined that the proposed antenna structures will not adversely effect safety in air navigation and these structures qualify for later registration under the Commission's phased registration plan,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
  • be subject to additional restrictions if you operate your Personal Radio Services transmitter: (1) Near an FCC field office or in a quiet zone. See § 1.924 of this chapter. (2) In an area subject to an international treaty or agreement. (3) At an environmentally sensitive site, or in such a manner as to raise environmental problems. See §§ 1.1307, 1.1311 and 1.1312 of this chapter. (4) In an area administered by the United States Government. For example, the Department of Defense may impose restrictions on a station transmitting on its land. Before placing a station at such a point, a licensee should consult with the commanding officer in charge of the land. Anyone intending to operate a Personal Radio Services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • (b) You may be subject to additional restrictions if you operate your Personal Radio Services transmitter: (1) Near an FCC field office or in a quiet zone. See§1.924 of this chapter. (2) In an area subject to an international treaty or agreement. (3) At an environmentally sensitive site, or in such a manner as to raise environmental problems. See §§1.1307, 1.1311 and 1.1312 of this chapter. (4) In an area administered by the United States Government. For example, the Department of Defense may impose restrictions on a station transmitting on its land. Before placing a station at such a point, a licensee should consult with the commanding officer in charge of the land.Anyone intending to operate a Personal Radio Services transmitter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.txt
  • by the Commission. § 5.63 Supplemental statements required. Applicants must provide the information set forth on the applicable form as specified in §5.59 of this part. In addition, applicants must provide supplemental information as described below: (a) If installation and/or operation of the equipment may significantly impact the environment (see §1.1307 of this chapter) an environmental assessment as defined in §1.1311 of this chapter must be submitted with the application. (b) If an applicant requests non-disclosure of proprietary information, requests shall follow the procedures for submission set forth in §0.459 of this chapter. (c) For conventional and broadcast experimental radio licenses, each application must include: (1) A narrative statement describing in detail the program of research and experimentation proposed, the specific
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-204A1.txt
  • 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 spectrum. Part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
  • certain towers reviewed by other federal agencies. We provide a very limited exemption from the environmental notification process for antenna structures to be located on federal land. CEQ regulations provide for the designation of a lead agency and one or more cooperating agencies when more than one federal agency is involved in a proposed action. Consistent with these regulations, Section 1.1311(e) of the Commission's rules provides that an EA need not be submitted to the Commission if another federal agency has assumed responsibility for determining whether the facility will have a significant environmental effect and, if it will, for invoking the EIS process. For example, if a proposed facility that requires registration in the ASR system is to be located on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • § 4332(2)(C). See also40 C.F.R. § 1508.11. 1847 C.F.R. § 1.1307. See also47 C.F.R. § 1.1308(b) ("The EA is a document which shall explain the environmental consequences of the proposal and set forth sufficient analysis for the Bureau or the Commission to reach a determination that the proposal will or will not have a significant environmental effect."); 47 C.F.R. § 1.1311(a) (information to be included in an environmental assessment). 19Pursuant to CEQ's regulations, an environmental assessment is a document that: (1) discusses the need for a proposed action, the alternatives, and the environmental impacts of the proposed action and alternatives; (2) lists the agencies and persons consulted; and (3) provides evidence and analysis for determining whether to prepare an (continued....) 16703
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-149A1.txt
  • have specified previously in an order, public notice or other official action as necessary for authorization. ***** (g) Where the applicant is seeking facilities-based authority under paragraph (e)(4) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by § 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in § 1.1311 of this chapter need not be filed with the application. (h) A certification as to whether or not the applicant is, or has an affiliation with, a foreign carrier, supported by the following information: (1) In support of the required certification, each applicant shall also provide the name, address, citizenship and principal businesses of its greater-than-25-percent direct and indirect shareholders
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • its application. If, on the other hand, the applicant determines that operation of the facility or device will not comply with the RF guidelines, the applicant is required to prepare an Environmental Assessment, and undergo environmental review by Commission staff unless the applicant amends its application so as to comply with the Commission's adopted RF guidelines. See 47 C.F.R. §§ 1.1311; see also 47 C.F.R. §§1.1308, 1.1309, 1.1314-1.1317. 15. If no pre-construction Commission authorization is required (as is the case for PCS and cellular licenses, for example, where the Commission authorizes blanket licenses that are not site-specific), Section 1.1312 of the Commission's environmental processing rules requires that the licensee conduct the appropriate calculations and determine whether the 1 National Environmental Policy
• http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99051.pdf http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99051.txt http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99051.wp
  • specified previously in an order, public notice or other official action as necessary for authorization. (f) *** (g) Where the applicant is seeking facilities-based authority under paragraph (e)(4) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by § 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in § 1.1311 of this chapter need not be filed with the application. (h) The name, address, citizenship and principal businesses of any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant, and the percentage of equity B-10 Federal Communications Commission FCC 99-51 owned by each of those entities (to the nearest one percent).
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1997/fc97116d.pdf
  • 47 C.F.R. Section 73.625, attach as an Exhibit justification therefore. (Applicable only if Certification Checklist item 3 is answered "No.") Exhibit No. Exhibit No. Yes No If a Commission grant of this application comes within 47 C.F.R. Section 1.1307, such that it may have a significant environmental impact, submit as an Exhibit an Environmental Assessment required by 47 C.F.R. Section 1.1311. If No, explain briefly why not. Pursuant to OST Bulletin No. 65, the applicant must explain in an Exhibit what steps will be taken to limit the RF radiation exposure to the public and to persons authorized access to the tower site. In addition, where there are multiple contributors to radio frequency radiation, you must certify that the established RF
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • be relevant are antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65. Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R. Section 1.1311 explaining the environmental consequences of the proposed station's operation. 49 GENERAL ENVIRONMENTAL WORKSHEET Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment (EA), if you answer "Yes" to any of the following 8 items: THIS FACILITY: 1.involves high intensity white lighting located in residential neighborhoods. Yes G No G 2.is located in an
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  • level), must contain a statement explaining why FAA notification is not required. (e) Environmental concerns. Each applicant is required to indicate at the time its application is filed whether or not a Commission grant of the application may have a significant environmental effect, as defined by Sec. 1.1307 of this chapter. If answered affirmatively, an Environmental Assessment, required by Sec. 1.1311 of this chapter, must be filed with the application and environmental review by the Commission must be completed prior to construction. (f) Quiet zones. Quiet zones are those areas where it is necessary to restrict radiation so as to minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to radio frequency interference. Applications
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • (1999). The Commission's environmental rules are codified at 47 C.F.R. §§ 1.1301-1.1319. 42 USC § 4321-4347. 16 USC § 1531-1543. Id. § 470. Id. § 1131-1136. Id. § 470aa. Id. § 668dd. See Executive Orders 11988 (floodplains) and 11990 (wetlands). 40 C.F.R. § 1501-1508. 47 C.F.R. § 1.1307(a)(8). Id. § 1.1307(b). Id. § 1.1307(a). Id. § 1.1306. Id. §§ 1.1308, 1.1311. Id. § 1.1313. Id. § 1.1314-1.1319. Pub. Law No. 104-104, 104 Stat. 56, 149-151 (amending 47 U.S.C. § 224). See 1977 Senate Report, S. Rep. No. 580, 95th Cong., 1st Sess. 19, 20 (1977). Id. In the Matter of Amendment of the Commission's Rules and Policies Governing Pole Attachments, Report and Order, 15 FCC Rcd 6453 (2000). In the Matter
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • resolve the problem after construction and operation of the Medora tower, has no bearing on the underlying violation in this case, which occurred before any such cooperative efforts and has continued since. In particular, we note that the Zoning Board's approval of Western's application is irrelevant to whether the tower has a significant environmental effect under the Commission's rules. Section 1.1311(c) of the Rules states that an EA should be accompanied with evidence of site approval obtained from local or Federal land use authorities, thus recognizing that such zoning approval does not preclude the need for an EA (or, in appropriate cases, an EIS).47 Further, Section 1.1311(e) provides that an EA need not be submitted if another Federal Government agency has
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • these mandatory steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations. _________________________ 1Western Wireless Corporation and WWC Holding Co., Inc., 18 FCC Rcd 10319 (2003). 247 U.S.C. 301. 347 C.F.R. 1.1307. 4See 47 C.F.R. 1.1308 and 1.1311. 5See 47 C.F.R. 1.1312; see also 47 C.F.R. 22.165(c). 616 U.S.C. 470-470w. In particular, Section 106 of the NHPA requires Federal agencies, such as the Commission ``prior to the issuance of any license ... [to] take into account the effect of the undertaking on any district, site, building, structure or object that [qualifies as a Historic Property].'' 16 U.S.C. 470f.
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • by first class mail and certified mail return receipt requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. SS 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. 16 USC SS 1531 et seq. See 47 C.F.R. S 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. S 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement"). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report
• http://transition.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau ("Bureau") and United States Cellular Corporation ("US Cellular"). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules ("Rules") with respect to its construction of a wireless base station near Fries, Virginia. 2. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we
• http://transition.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • 1.1312(a). See supra note 2. 47 C.F.R. S: 1.1307. Id. S: 1.1312(a) ("In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in S: 1.1307 of this part."). Id. S: 1.1311. See id. S:S: 1.1308, 1.1312(b). Id. S: 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See
• http://transition.fcc.gov/fcc-bin/audio/DA-10-866A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-866A1.pdf
  • and A certification that the notified operation will not cause human exposure to levels of radio-frequency radiation in excess of the limits in Section 1.1310 of the FCC Rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b) of the Commission's Rules. Any station that cannot so certify must submit an environmental assessment (``EA'') pursuant to Section 1.1311 and may not commence operation until such EA is ruled on by the Commission. Stations which have been granted STAs for operation with increased digital ERP are deemed to have complied with the required notification procedures. All such STAs carry expiration dates after the May 10, 2010, effective date of the Order, and thus, need not be extended. Licensees must
• http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
  • to be accorded the response. (f) All applicants (except applicants filing FCC Form 175) are required to indicate at the time their application is filed whether or not a Commission grant of the application may have a significant environmental impact as defined by § 1.1307 of the Commission's rules. If answered affirmatively, the requisite environmental assessment as prescribed in § 1.1311 of this chapter must be filed with the application and Commission environmental review must be completed prior to construction. See § 1.1312 of this chapter. All broadband PCS licensees are subject to a continuing obligation to determine whether subsequent construction may have a significant environmental impact prior to undertaking such construction and to otherwise comply with § 1.1301 et seq.
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • weight to be accorded the response. (f) All applicants (except applicants filing FCC Form 175) are required to indicate at the time their application is filed whether or not a Commission grant of the application may have a significant environmental impact as defined by § 1.1307 of this Chapter. If answered affirmatively, the requisite environmental assessment as prescribed in § 1.1311 of this Chapter must be filed with the application and Commission environmental review See § 1.1312 of this Chapter. Sec. 24.815 Technical content of applications; maintenance of list of station locations. (a) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband
• http://wireless.fcc.gov/auctions/19/releases/fc950319.pdf http://wireless.fcc.gov/auctions/19/releases/fc950319.txt http://wireless.fcc.gov/auctions/19/releases/fc950319.wp
  • weight to be accorded the response. (f) All applicants (except applicants filing FCC Form 175) are required to indicate at the time their application is filed whether or not a Commission grant of the application may have a significant environmental impact as defined by § 1.1307 of this chapter. If answered affirmatively, the requisite environmental assessment as prescribed in § 1.1311 of this chapter must be filed with the application and Commission environmental review must be completed prior to construction. See § 1.1312 of this chapter. All GWCS licensees are subject to a continuing obligation to determine whether subsequent construction may have a significant environmental impact prior to undertaking such construction and to otherwise comply with §§ 1.1301 through 1.1319 of
• http://wireless.fcc.gov/auctions/40/releases/02_pres.pdf
  • license 152 & 158 licenses: 20 KHz per license 152-159 licenses: 40 KHz per license (paired) 454-460 licenses: 40 KHz per license (paired) Upper Bands (Licensed by MEAs) 929-930 licenses: 20 KHz per license 931-932 licenses: 20 KHz per license Application Filings ·Antenna Structure Registration www.fcc.gov/wtb : Antenna Structure Registration ·Major Environmental Action www.fcc.gov/wtb: Rules and Regs, Rules 1.1307 - 1.1311 ·International Coordination Agreements www.fcc.gov/wtb: Wireless Services, Paging International Agreement Summary ·Canadian Border (North of line A or East of line C) Lower Paging Bands Must obtain prior Canadian authorization Upper Paging Bands Share frequencies in accordance with Rule 22.531 ·Mexican Border Lower Paging Bands Agreement Pending Upper Paging Bands Frequencies are either primary, secondary, or shared in accordance with international
• http://wireless.fcc.gov/auctions/55/resources/ServiceRulesandDueDiligence2.pdf
  • that it has elected to show show"substantial service" at the 5 year benchmark. "substantial service" at the 5 year benchmark. Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration http://wireless.fcc.gov : Antenna Structure Registration http://wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action http://wireless.fcc.gov : Rules and Regs, Rules 1.1307 http://wireless.fcc.gov : Rules and Regs, Rules 1.1307-- 1.1311 1.1311 International Coordination Agreements International Coordination Agreements http://www.fcc.gov/ib/sand/agree/ http://www.fcc.gov/ib/sand/agree/ ULS Search ULS Search Go to wireless.fcc.gov/uls and select License Search. Go to wireless.fcc.gov/uls and select License Search. Select Advanced License Search Select Advanced License Search Select the radio service codes to include in your search Select the radio service codes to include in your search GR, YS (SMR) GR, YS
• http://wireless.fcc.gov/auctions/58/resources/DwainLivingston.pdf
  • substantial service. For rural areas, carriers have a safe harbor option. For rural areas, carriers have a safe harbor option. Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 wireless.fcc.gov : Rules and Regs, Rules 1.1307 --1.1311 1.1311 International Coordination Agreements International Coordination Agreements Canada Canada www.fcc.gov/ib/sand/agree/files/can www.fcc.gov/ib/sand/agree/files/can--nb/pcs nb/pcs--bb.pdf bb.pdf Mexico Mexico www.fcc.gov/ib/sand/agree/files/mex www.fcc.gov/ib/sand/agree/files/mex--nb/pcs1850e.pdf nb/pcs1850e.pdf Due Diligence Due Diligence Applicant Responsibility Applicant Responsibility Applicants should perform their individual due diligence before Applicants should perform their individual due diligence before proceeding as proceeding as they would with any new business venture. Applicants are solely they would with any
• http://wireless.fcc.gov/auctions/71/resources/ServiceRules.pdf
  • File: Using ULS Online Filing File: Using ULS Online Filing Searches: Finding Applications and Licenses Searches: Finding Applications and Licenses Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 wireless.fcc.gov : Rules and Regs, Rules 1.1307 --1.1311 1.1311 International Coordination Agreements International Coordination Agreements Canada Canada www.fcc.gov/ib/sand/agree/files/can www.fcc.gov/ib/sand/agree/files/can--nb/pcs nb/pcs--bb.pdf bb.pdf Mexico Mexico www.fcc.gov/ib/sand/agree/files/mex www.fcc.gov/ib/sand/agree/files/mex--nb/pcs1850e.pdf nb/pcs1850e.pdf ULS SEARCH ULS SEARCH For available Auction 71 licenses For available Auction 71 licenses... ... Go to wireless.fcc.gov/uls and select License Search Go to wireless.fcc.gov/uls and select License Search Select Market Based Search Select Market Based Search Enter Market Code (BTA054), Channel
• http://wireless.fcc.gov/auctions/78/resources/DueDiligence2.pdf
  • File: Using ULS Online Filing File: Using ULS Online Filing Searches: Finding Applications and Licenses Searches: Finding Applications and Licenses Application Filings Application Filings Antenna Structure Registration Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration wireless.fcc.gov : Antenna Structure Registration Major Environmental Action Major Environmental Action wireless.fcc.gov : Rules and Regs, Rules 1.1307 wireless.fcc.gov : Rules and Regs, Rules 1.1307 --1.1311 1.1311 International Coordination Agreements International Coordination Agreements Canada Canada www.fcc.gov/ib/sand/agree/files/can www.fcc.gov/ib/sand/agree/files/can--nb/pcs nb/pcs--bb.pdf bb.pdf Mexico Mexico www.fcc.gov/ib/sand/agree/files/mex www.fcc.gov/ib/sand/agree/files/mex--nb/pcs1850e.pdf nb/pcs1850e.pdf ULS SEARCH ULS SEARCH To search the history of the licenses listed in the Auction 78 To search the history of the licenses listed in the Auction 78 inventory inventory... ... Go to wireless.fcc.gov/uls and select Search Licenses Go to wireless.fcc.gov/uls and
• http://wireless.fcc.gov/siting/EA_checklist.doc http://wireless.fcc.gov/siting/EA_checklist.pdf
  • documentation. The following checklist is now used by the staff as an attachment to each deficiency letter to inform the licensee, applicant, or tower owner (collectively, ``Applicant'') concerning compliance with 47 C.F.R. § 1.1307 of the Commission's rules. In addition to compiling this information, Applicants are required to comply with all of the Commission's environmental rules, including 47 C.F.R. § 1.1311 (i.e., ``environmental information to be included in the environmental assessment (EA)''), to determine whether a proposed facility may have significant effect on the environment. Pursuant to 47 C.F.R. § 1.1307, this EA provides insufficient information regarding the proposed facility's compliance with the following NEPA requirements: ___________ (a)(1) will be located in an officially designated wilderness area Applicant provided insufficient information
• http://wireless.fcc.gov/siting/environmental-assessment.html
  • Preemption of Local Regulations on the Siting of Broadcast Facilities [34]Public Buildings Service Antenna Program [35]Search AM Database Determine Interference Potential from a New Cellular Tower Structure [36]wow-com The World of Wireless Communications Environmental Assessment Checklist Applicants and licensees, including tower owners, are required to comply with all of the Commissions environmental rules, including 47 C.F.R. 1.1307 and 47 C.F.R. 1.1311 (i.e., environmental information to be included in the environmental assessment (EA)). If an applicant or licensee is required to file an EA with the Commission, the Wireless Telecommunications Bureau will send deficiency letters to individual licensees and applicants who have submitted EAs with applications (i.e., a filed FCC Form 601 or FCC Form 854) that are deemed to be insufficient
• http://wireless.fcc.gov/siting/fact1.html http://wireless.fcc.gov/siting/fact1.pdf
  • of 1969 (NEPA). as well as other mandatory federal environmental statutes. The FCC's rules that implement the federal environmental statutory provisions are contained in sections 1.1301-1.1319. The FCC's environmental rules place the responsibility on each applicant to investigate all the potential environmental effects, and disclose any significant effects on the environment in an Environmental Assessment (EA), as outlined in section 1.1311, prior to constructing a tower. The applicant is required to consult section 1.1307 to determine if its proposed antenna structure will fall under any of the listed categories that may significantly affect the environment. If it does, the applicant must provide an EA prior to proceeding with the tower construction and. under section 1.1312, must await FCC approval before commencing
• http://wireless.fcc.gov/siting/fact2.pdf
  • proposed use of high intensity white lights in residential neighborhoods. Section 1.1307(b) also requires an environmental evaluation if the proposed transmitter may cause human exposure to RF radiation in excess of the Commission's adopted guidelines. If the licensee's proposed construction falls within one of these categories, the licensee is required to prepare an environmental assessment (EA), as instructed in Section 1.1311, and file that document with the appropriate Bureau of the Commission for evaluation. Pursuant to Section 1.1312, a licensee that files an EA must await Commission approval of its proposed project before commencing any construction, even if Commission approval is not otherwise required for such construction. The licensee's application is also placed on public notice as a "major action," and
• http://wireless.fcc.gov/siting/npafaq.html
  • a good EA? A. An EA is a document which, among other purposes, serves to assist the Bureau staff understand the environmental effects of the licensee's proposed construction. Thus the document should contain all relevant information necessary for the Bureau staff to make a determination on the extent of negative impact the construction may have upon the area. [48]Rule section 1.1311 details what should be included in an EA. It is always helpful to include as attachments, copies of all relevant correspondence with and permits or authorizations issued by the local or state officials concerning the proposed project. As publicly filed documents, all EAs are available to the public at the Bureau's Public Reference Room, located at FCC Headquarters, Room CY-A257,
• http://wireless.fcc.gov/uls//releases/da010971a.doc http://wireless.fcc.gov/uls//releases/da010971a.pdf
  • the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West
• http://wireless.fcc.gov/uls/releases/d001033a.pdf
  • frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( N )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC 601 Schedule I Location Data Supplement 1 1) Action Requested: ( A ) AddMod Del 2) Location Number: 2 3) Location Description:
• http://wireless.fcc.gov/uls/releases/d001033b.pdf
  • frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( N )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC Form 601 Schedule I Supplement 2 Path Data Transmit Location 1) Transmit location name: WESTANDOVER 2) Path number: 1 3) Action Requested:
• http://wireless.fcc.gov/uls/releases/d001033c.pdf
  • frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( N )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC 601 Schedule I Location Data Supplement 1 1) Action Requested: ( A ) AddMod Del 2) Location Number: 2 3) Location Description:
• http://wireless.fcc.gov/uls/releases/d001033f.pdf
  • requires frequency coordination with Canada? ( ) Yes No 21) Description: (only for Area of Operation Code >O=) 22)Would a Commission grant of Authorization for this location be an action which may have a significant ( )Yes No environmental effect? See Section 1.1307 of 47 CFR. If >Yes=, submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. 23) If the proposed site is located in one of the quiet zones listed in Item 23 of the Instructions, provide the date the proper authority was notified: FCC 601 Schedule I August 1999 - Page 2 FCC Form 601 Schedule I Supplement 2 Path Data Transmit Location 1) Transmit location name: BUCKLEY 2) Path number: 5 3) Action Requested:
• http://wireless.fcc.gov/uls/releases/da00-1992_AttA.doc http://wireless.fcc.gov/uls/releases/da00-1992_AttA.pdf
  • For each location listed on the application, you must indicate if a Commission grant of Authorization for the location would be an action which may have a significant environmental effect. If it would, provide Yes; otherwise provide No. See Section 1.1307 of 47 CFR. If Yes, you must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27: For each location listed on the application, you must indicate if it is located in one of the quiet zones listed below. If it is, provide Yes; otherwise provide No. If Yes, you must provide the date (mm/dd/yy) the proper authority was notified. 1. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West Virginia. The quiet zone is
• http://wireless.fcc.gov/uls/releases/da00-2292-AppA.doc http://wireless.fcc.gov/uls/releases/da00-2292-AppA.pdf
  • the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West
• http://wireless.fcc.gov/uls/releases/da00-2564A.doc http://wireless.fcc.gov/uls/releases/da00-2564A.pdf
  • the application, applicants must indicate if an FCC grant of authorization for the location would be an action that may have a significant environmental effect. If it would, applicants must provide Yes; otherwise, they must provide No. See Section 1.1307 of 47 CFR. If Yes, then applicants must submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311. Item 27. For each location listed on the application, applicants must indicate if it is located in one of the Quiet Zones listed below. If it is, applicants must provide Yes; otherwise, they must provide No. If Yes, then applicants must provide the date (mm/dd/yy) that the proper authority was notified. National Radio Astronomy Observatory, Green Bank, Pocahontas County, West
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
  • device may cause exposures in excess of the guidelines, we may request environmental information and require that the device be re- authorized based on compliance with the guidelines. 155 119. With respect to previously-licensed stations, we note that we expect our licensees to comply with our RF radiation environmental rules as applicable to them. See, e.g., 47 CFR §§ 1.1307, 1.1311, and 1.1312. The environmental processing requirements contained in these rules ensure that, at the time of licensing and authorization, transmitting facilities are operating within the applicable RF radiation limits. Once a license is granted, we expect our licensees to continue to operate their facilities in compliance with these limits. F. RF Protective Clothing and Personal Monitors Federal Communications Commission FCC
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • its application. If, on the other hand, the applicant determines that operation of the facility or device will not comply with the RF guidelines, the applicant is required to prepare an Environmental Assessment, and undergo environmental review by Commission staff unless the applicant amends its application so as to comply with the Commission's adopted RF guidelines. See 47 C.F.R. §§ 1.1311; see also 47 C.F.R. §§1.1308, 1.1309, 1.1314-1.1317. 15. If no pre-construction Commission authorization is required (as is the case for PCS and cellular licenses, for example, where the Commission authorizes blanket licenses that are not site-specific), Section 1.1312 of the Commission's environmental processing rules requires that the licensee conduct the appropriate calculations and determine whether the 1 National Environmental Policy
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000912.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da000912.txt
  • operations authorized or licensed by the Commission prior to the appropriate effective date, the following provision was adopted: ``All existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the requirements of paragraphs (b)(1) through (b)(3) of this section by September 1, 2000, or, if not in compliance, file an Environmental Assessment as specified in §1.1311.'' [47 CFR 1.1307(b)(5)] If such an Environmental Assessment (``EA'') is required, the obligation to file it would fall upon the licensee presently holding the permit or license to transmit, or the party presently holding the grant of equipment authorization. An EA is a formal document required by the National Environmental Policy Act whenever an action may have a significant environmental
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da001950.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/da001950.txt
  • FOR COMPLIANCE WITH REGULATIONS FOR HUMAN EXPOSURE TO RADIOFREQUENCY EMISSIONS On September 1, 2000, all existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the Commission's radiofrequency (RF) exposure guidelines, pursuant to Section 1.1307(b)(1) through (b)(3) of the Commission's rules, or if not in compliance, file an Environmental Assessment (EA) as specified in Section 1.1311. See 47 CFR 1.1307(b)(5). This is the third in a series of Public Notices reminding licensees and grantees of the September 1, 2000, RF compliance requirement. For more information, see Public Notice, ``Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions,'' originally released February 25, 2000; re-released as Public Notice, DA 00-912, April 27, 2000.
• http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/2000/pnet0005.txt
  • operations authorized or licensed by the Commission prior to the appropriate effective date, the following provision was adopted: ``All existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the requirements of paragraphs (b)(1) through (b)(3) of this section by September 1, 2000, or, if not in compliance, file an Environmental Assessment as specified in §1.1311.'' [47 CFR 1.1307(b)(5)] If such an Environmental Assessment (``EA'') is required, the obligation to file it would fall upon the licensee presently holding the permit or license to transmit, or the party presently holding the grant of equipment authorization. An EA is a formal document required by the National Environmental Policy Act whenever an action may have a significant environmental
• http://www.fcc.gov/Bureaus/International/Notices/1998/fcc98149.pdf
  • have specified previously in an order, public notice or other official action as necessary for authorization. ***** (g) Where the applicant is seeking facilities-based authority under paragraph (e)(4) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by § 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in § 1.1311 of this chapter need not be filed with the application. (h) A certification as to whether or not the applicant is, or has an affiliation with, a foreign carrier, supported by the following information: (1) In support of the required certification, each applicant shall also provide the name, address, citizenship and principal businesses of its greater-than-25-percent direct and indirect shareholders
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99051.pdf http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99051.txt http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99051.wp
  • specified previously in an order, public notice or other official action as necessary for authorization. (f) *** (g) Where the applicant is seeking facilities-based authority under paragraph (e)(4) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by § 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in § 1.1311 of this chapter need not be filed with the application. (h) The name, address, citizenship and principal businesses of any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant, and the percentage of equity B-10 Federal Communications Commission FCC 99-51 owned by each of those entities (to the nearest one percent).
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fc97116d.pdf
  • 47 C.F.R. Section 73.625, attach as an Exhibit justification therefore. (Applicable only if Certification Checklist item 3 is answered "No.") Exhibit No. Exhibit No. Yes No If a Commission grant of this application comes within 47 C.F.R. Section 1.1307, such that it may have a significant environmental impact, submit as an Exhibit an Environmental Assessment required by 47 C.F.R. Section 1.1311. If No, explain briefly why not. Pursuant to OST Bulletin No. 65, the applicant must explain in an Exhibit what steps will be taken to limit the RF radiation exposure to the public and to persons authorized access to the tower site. In addition, where there are multiple contributors to radio frequency radiation, you must certify that the established RF
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • be relevant are antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65. Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R. Section 1.1311 explaining the environmental consequences of the proposed station's operation. 49 GENERAL ENVIRONMENTAL WORKSHEET Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment (EA), if you answer "Yes" to any of the following 8 items: THIS FACILITY: 1.involves high intensity white lighting located in residential neighborhoods. Yes G No G 2.is located in an
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001950.doc
  • FOR COMPLIANCE WITH REGULATIONS FOR HUMAN EXPOSURE TO RADIOFREQUENCY EMISSIONS On September 1, 2000, all existing transmitting facilities, operations and devices regulated by the Commission must be in compliance with the Commission's radiofrequency (RF) exposure guidelines, pursuant to Section 1.1307(b)(1) through (b)(3) of the Commission's rules, or if not in compliance, file an Environmental Assessment (EA) as specified in Section 1.1311. See 47 CFR 1.1307(b)(5). This is the third in a series of Public Notices reminding licensees and grantees of the September 1, 2000, RF compliance requirement. For more information, see Public Notice, ``Year 2000 Deadline for Compliance with Commission's Regulations Regarding Human Exposure to Radiofrequency Emissions,'' originally released February 25, 2000; re-released as Public Notice, DA 00-912, April 27, 2000.
• 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
  • level), must contain a statement explaining why FAA notification is not required. (e) Environmental concerns. Each applicant is required to indicate at the time its application is filed whether or not a Commission grant of the application may have a significant environmental effect, as defined by Sec. 1.1307 of this chapter. If answered affirmatively, an Environmental Assessment, required by Sec. 1.1311 of this chapter, must be filed with the application and environmental review by the Commission must be completed prior to construction. (f) Quiet zones. Quiet zones are those areas where it is necessary to restrict radiation so as to minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to radio frequency interference. Applications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000821.doc
  • Opposition at 25, Exhibit D. Id. at 22, Exhibit B at 4. See Tennant Petition at 5-7. Question 28 of Form 854 provided, ``Would a Commission grant of this application be an action which may have a significant environmental effect as defined by Section 1.1307(a) of the Commission's Rules? If ``yes,'' submit the statement as required by Section 1.1308 and 1.1311.'' See ``Application for Antenna Structure Registration'' (FCC 854) June 1996. This form was amended in 1999. Question 38 (the equivalent of Question 28 on the old form) now states, ``Would a Commission grant of Authorization for this location be an action which may have a significant environmental effect? See Section 1.1307 of 47 CFR. If ``yes,'' submit an environmental assessment
• http://www.fcc.gov/Forms/Form301/301.pdf
  • be relevant are antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65. Applicants satisfying the RIF requirements on the basis of such non-worksheet factors should submit a detailed explanation demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R. Section 1.1311, explaining the environmental consequences of the proposed station's operation. A. GENERAL ENVIRONMENTAL WORKSHEET Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment (EA), if you answer "Yes" to any of the following 8 items: No Yes involves high intensity white lighting located in residential neighborhoods. is located in an officially designated wilderness area
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • be relevant are antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65. Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R. § 1.1311, explaining the environmental consequences of the proposed operation. 14 RF EXPOSURE COMPLIANCE WORKSHEET/INSTRUCTIONS Who may use these worksheets? 1. A directional AM station (i.e., one using a multiple tower array) that does not share its towers with any other non-excluded RF sources (including, but not limited to FM or TV transmitting antennas) and is located more than 315 meters (1.034
• http://www.fcc.gov/Forms/Form312/312Fill.pdf
  • of Communication (satellites & countries) j -- authorization for facilities for which environmental assessment and radiation hazard reporting is required k -- Other (Please Specify) 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. §§ 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard Study must accompany all applications as an exhibit for new transmitting facilities, major modifications, or major amendments. Refer to OET Bulletin 65. FCC 312, Main Form - Page 2 February, 1998 CLEAR ALL PAGES ALIEN OWNERSHIP BASIC QUALIFICATIONS YES NO YES
• http://www.fcc.gov/Forms/Form327/327.pdf
  • 47 C.F. R. § 17.7.) If such a notification was made and the construction or alteration is proposed, attach as Exhibit C-3 a copy of such notification or FCC Form 854. If this application may have a significant environmental effect as defined in 47 C.F.R. § 1.1307, attach as Exhibit C4 an Environmental Assessment prescribed by 47 C.F. R. § 1.1311. FCC 327 Approved by OMB 3060-0055 Schedule C Instructions Structure Codes: Enter the code for the type of structure on which the antenna is or will be mounted from the following choices: Code Definitions Code Definitions B BANT BMAST BPIPE BPOLE BRIDG BTWR MAST NNTANN* NTOWER** Building with a side mounted antenna Building with antenna on top Building with mast/antenna
• http://www.fcc.gov/Forms/Form340/340.pdf
  • be relevant are antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65. Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R. Section 1.1311, explaining the environmental consequences of the proposed station's operation. A. GENERAL ENVIRONMENTAL WORKSHEET Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment (EA), if you answer ''Yes'' to any of the following 8 items: involves high intensity white lighting located in residential neighborhoods. is located in an officially designated wilderness area or wildlife
• http://www.fcc.gov/Forms/Form854/854.pdf
  • grounds in the local community. 4) A discussion of environmental and other considerations which led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of unavoidable adverse environmental effects, and any alternative sites or facilities which have been or might reasonably be considered. Further details may be found in Sections 1.1308 and 1.1311 of the Commission's Rules. oing do will trigger new national notice, ITEMS 49-50 Environmental Review Compliance Certification. Prior to an application being approved, an applicant must certify that the proposed antenna structure will not have a significant effect on the environment and state the basis for that determination. If an applicant cannot so certify, an Environmental Impact Stateme local notice
• http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • resolve the problem after construction and operation of the Medora tower, has no bearing on the underlying violation in this case, which occurred before any such cooperative efforts and has continued since. In particular, we note that the Zoning Board's approval of Western's application is irrelevant to whether the tower has a significant environmental effect under the Commission's rules. Section 1.1311(c) of the Rules states that an EA should be accompanied with evidence of site approval obtained from local or Federal land use authorities, thus recognizing that such zoning approval does not preclude the need for an EA (or, in appropriate cases, an EIS).47 Further, Section 1.1311(e) provides that an EA need not be submitted if another Federal Government agency has
• http://www.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • these mandatory steps going forward. Accordingly, I expect to consider the existence of this revised rule in assessing whether, and the amount in which, a forfeiture is appropriate in the event of future rule violations. _________________________ 1Western Wireless Corporation and WWC Holding Co., Inc., 18 FCC Rcd 10319 (2003). 247 U.S.C. 301. 347 C.F.R. 1.1307. 4See 47 C.F.R. 1.1308 and 1.1311. 5See 47 C.F.R. 1.1312; see also 47 C.F.R. 22.165(c). 616 U.S.C. 470-470w. In particular, Section 106 of the NHPA requires Federal agencies, such as the Commission ``prior to the issuance of any license ... [to] take into account the effect of the undertaking on any district, site, building, structure or object that [qualifies as a Historic Property].'' 16 U.S.C. 470f.
• http://www.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • by first class mail and certified mail return receipt requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. SS 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. 16 USC SS 1531 et seq. See 47 C.F.R. S 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to
• http://www.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • Apparent Liability for Forfeiture shall be sent by first class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. S 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement"). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report
• http://www.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • ) FRN: 0008308199 ORDER Adopted: February 23, 2007 Released: February 26, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the Consent Decree entered into between the Enforcement Bureau ("Bureau") and United States Cellular Corporation ("US Cellular"). The Consent Decree terminates an investigation into US Cellular's compliance with the environmental regulations set forth in Sections 1.1307, 1.1308, 1.1311 and 1.1312 of the Commission's Rules ("Rules") with respect to its construction of a wireless base station near Fries, Virginia. 2. The Bureau and US Cellular have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we
• http://www.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • 1.1312(a). See supra note 2. 47 C.F.R. S: 1.1307. Id. S: 1.1312(a) ("In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations, the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in S: 1.1307 of this part."). Id. S: 1.1311. See id. S:S: 1.1308, 1.1312(b). Id. S: 1.1307(a)(6). See File No. A0593807 (filed May 9, 2008). See File No. A0616634 (filed Dec. 16, 2008). See id. Memorandum from Barry Friedman, Esq., Thompson Hine, LLP, Counsel for Horvath Towers, LLC, to Ricardo Durham, Senior Deputy Division Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Feb. 14, 2011) (on file in EB-11-SE-030). See
• http://www.fcc.gov/fcc-bin/audio/DA-03-831A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-831A1.pdf
  • that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; and if applicable, any power reduction in an AM station's primary digital carriers. A copy of the notification letter shall be posted next to the station license and a copy retained in the station's public inspection file. Digital notifications shall be sent to the following
• http://www.fcc.gov/fcc-bin/audio/DA-04-3554A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3554A1.pdf
  • any specific factual allegations regarding how the three modification application fail to meet NEPA requirements. See Area Christian Television, Inc., 60 RR 2d 862, 864 (1986). Second, with respect to CARE's argument regarding RFR exposure, we have evaluated each of the subject proposals and find that each complies with the Commission's current RFR exposure rules. See 47 C.F.R. §§ 1.1307(b), 1.1311. Finally, with respect to CARE's NHPA-based objection regarding the effects of the towers on the historic Lariat Trail and the National Register-listed Buffalo Bill's Grave and Museum and the Pahaska Teepee, we believe that the instant proposals do implicate the NHPA. We are unaware of any current authority supporting the contention that the replacement of an existing structure is not
• http://www.fcc.gov/fcc-bin/audio/DA-04-712A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-712A1.pdf
  • that analog effective radiated power remains as authorized; a certification that the interim operation would not cause human exposure to levels of radiofrequency radiation in excess of Section 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to Section 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (EA) pursuant to Section 1.1311 and may not commence interim operation until such EA is ruled upon by the Commission; geographic coordinates, elevation data, and license file number for the auxiliary antenna to be employed for digital transmissions; and for systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits
• http://www.fcc.gov/fcc-bin/audio/DA-07-4383A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4383A1.pdf
  • on historic properties pursuant to Section 106 of the National Historic Preservation Act prior to making an affirmative environmental certification in Section III-B, Item 17, of FCC Form 301 for the Auxiliary Facility site. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Creative Educational Media Corp., Inc. Miller Environmental, Inc. See Application No. BPED-20070727ADB. 47 C.F.R. § 1.1307(a), 1.1311. 47 C.F.R. § 1.1307(a)(4)(5) (emphasis supplied). 16 U.S.C. § 470 et seq., particularly 16 U.S.C. § 470f (``Section 106''). Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, 20 FCC Rcd 1073 (2004), clarified, 20 FCC Rcd 17995 (2005), aff'd, CTIA-The Wireless Ass'n. v. FCC, No. 05-1008 (D.C. Cir. September 26, 2006) (the
• http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.pdf
  • proximity of the proposed KRKO(AM) towers to the Harvey Airfield a private, ``FAA-designated general aviation reliever airport.'' Because the Application proposed to construct the KRKO(AM) towers in a flood plain, the Staff requested S-R to submit an environmental assessment (``EA'') pursuant to Section 1.1307(a)(6) of the Commission's Rules (the ``Rules''). The EA was to contain the information specified in Section 1.1311 of the Rules, and it was to address each of the factors set forth in Section 1.1307 of the rules to support the Licensee's contention that the project is categorically excluded from environmental processing. S-R submitted the EA, prepared by LSI Adapt, Inc., on August 17, 2001. In an amendment to the EA filed on July 13, 2007, at the
• http://www.fcc.gov/fcc-bin/audio/DA-08-2392A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2392A1.pdf
  • area that has been delineated a wetland, Potomac submitted an EA required by Section 1.1307 of the Rules on July 28, 2008. Public Notice of the EA was issued on August 26, 2008. The Commission received no comments in response to the Notice. Upon examination of the EA, we find that the information supplied satisfies the requirements specified in Section 1.1311 of the Rules. Accordingly, pursuant to Section 1.1308 of the Rules, we find that the Station's proposed daytime antenna system will have no significant environmental impact on the quality of the human environment, and no further environmental processing is warranted. Birach Informal Objection Birach asserts that Potomac and its principals, James Weitzman and Edwin Tornberg, have ``developed an unhealthy obsession
• http://www.fcc.gov/fcc-bin/audio/DA-09-660A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-660A1.pdf
  • to be false because White Park did not have a basis for so certifying. Citing the FCC Form 301 Instructions and Worksheet #3 included in those Instructions, Legend states that, in order to make an affirmative environmental certification, an applicant is required to examine eight factors, spelled out on Worksheet #3, and must submit an Environmental Assessment pursuant to Section 1.1311 if it answers ``Yes'' to any of them. Legend continues that, in order to answer each of these questions, applicants are required to perform certain ``due diligence'' with respect to the proposed tower site, which in some cases involves consulting with offices or agencies with expertise in certain areas. Legend states that, in order to make an affirmative certification in
• http://www.fcc.gov/fcc-bin/audio/DA-11-504A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-504A1.pdf
  • that may have significant environmental effects, such as those involving location of facilities in a flood plain, Licensees must prepare and submit to the Commission an EA}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1311. }}}{\rtlch\fcs1 \af0 \ltrch\fcs0 and undergo environmental review and any mandatory consultation with expert agencies, prior to initiating construction.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{ \rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See}{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7 1.1308.}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs26\cf1 The
• http://www.fcc.gov/fcc-bin/audio/FCC-02-286A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-02-286A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-02-286A1.txt
  • 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 carriers. Notifications shall be sent to the Federal Communications Commission, Digital Radio Notification, 445 12th Street SW, Room 2-B450, Washington, DC, 20554. A copy of the notification shall be posted next to
• http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.pdf
  • resolve the problem after construction and operation of the Medora tower, has no bearing on the underlying violation in this case, which occurred before any such cooperative efforts and has continued since. In particular, we note that the Zoning Board's approval of Western's application is irrelevant to whether the tower has a significant environmental effect under the Commission's rules. Section 1.1311(c) of the Rules states that an EA should be accompanied with evidence of site approval obtained from local or Federal land use authorities, thus recognizing that such zoning approval does not preclude the need for an EA (or, in appropriate cases, an EIS). Further, Section 1.1311(e) provides that an EA need not be submitted if another Federal Government agency has
• http://www.fcc.gov/fcc-bin/audio/FCC-03-125A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-125A1.pdf
  • § 800.2(c)(2); 47 C.F.R. § 1.1308(b) Note (when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe). See Draft Nationwide Agreement at Section III.B. Id. Section IV, Alternatives A and B. 47 C.F.R. § 1.1307(a)(4) Note. Id. § 1.1307(a)(4); see also 47 C.F.R. §§ 1.1308, 1.1311. Id.. §§ 1.1200-1.1216. See Id. § 1.1206(b)(2). See Id. § 1.1206(b). Under the Council's rules, the Council and Conference must be parties to the Nationwide Agreement. Therefore, for purposes of the Commission's ex parte rules, in this proceeding we shall treat presentations from these entities and their staffs as exempt presentations under 47 C.F.R. § 1.1204(a)(5). See Id. § 1.415,
• http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.pdf
  • applicable licensing rules and procedures. Id. § 1.1312(c). See 47 C.F.R. § 1.1308. The Commission's rules provide that if an EA is required to be prepared, it ``shall deal specifically with any feature of the site which has special environmental significance (e.g., . . . natural migration paths for birds and other wildlife . . . ).'' 47 C.F.R. § 1.1311(b). In adopting its initial comprehensive environmental rules in 1974, which have since been amended, see Order Amending Environmental Rules, the Commission stated that the location of antenna towers exceeding 500 feet in height along favored bird migration routes should be avoided, if possible and, if not, should be discussed by the applicant. Implementation of the National Environmental Policy Act of
• http://www.fcc.gov/fcc-bin/audio/FCC-04-222A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A1.pdf
  • this Act for the operation of any station unless a permit for its construction has been granted by the Commission.''). 47 U.S.C. § 319(d). (discussing increased flexibility afforded to licensees to manage their spectrum and reduction in administrative burdens and operating costs where prior approval for construction under a geographic license is not required). See, e.g., 47 C.F.R. §§ 1.1307(a)(4), 1.1311(b), 1.1312(b). Amendment of Environmental Rules, 5 FCC Rcd 2942 (1990) (requiring licensees and applicants to ascertain prior to construction whether proposed facilities may have a significant environmental effect). 47 C.F.R. § 1.1312(b). , 17.7. ; see also State of Maryland Department of Budget and Management, 16 FCC Rcd 17130 (Wireless Tel. Bur 2001) (granting application for antenna structure registration to
• http://www.fcc.gov/ib/pd/pf/214guide.html
  • apply for any or all of the authority (e)(1) through (e)(4) in the same consolidated application. However, applicants may choose to file separate applications for services not subject to streamlined processing. (g) If the applicant is seeking facilities-based authority under 63.18(e)(3) and its facilities are listed in Section 1.1306 of the Commissions rules, an environmental assessment as described in Section 1.1311 of the Commissions rules is required upon filing. (h) The applicant must provide the name, address, citizenship, principal businesses and percentage of the equity held by any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant. The applicant must also disclose any interlocking directorates with a foreign carrier. Applicants should be
• http://www.fcc.gov/ib/pd/pf/telecomrules.html
  • applicant may want to file separate applications for those services not subject to streamlined processing under [120] 63.12 . (g) Where the applicant is seeking facilities-based authority under paragraph (e)(3) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by 1.1306 of this chapter. If answered affirmatively, an environmental assessment as described in 1.1311 of this chapter need not be filed with the application. (h) The name, address, citizenship and principal businesses of any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant, and the percentage of equity owned by each of those entities (to the nearest one percent). The applicant shall also identify any
• http://www.fcc.gov/mb/engineering/coals_order03-55.pdf
  • applicant must provide information in its application sufficient for the Commission to verify this fact. (d) Environmental concerns. Each applicant is required to indicate at the time its application is filed whether a Commission grant of the application may have a significant environmental effect, as defined by § 1.1307 of this part. If yes, an Environmental Assessment, required by § 1.1311 of this part, must be filed with the application and environmental review by the Commission must be completed prior to construction. (e) International coordination. Channel assignments and usage under Part 78 are subject to the applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico. (f) Taxpayer Identification
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SAT-AMD-20031219-00362.pdf
  • applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SAT-ASG-20031219-00361.pdf
  • applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-AMD-20031223-01873.pdf
  • applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031213-01871.pdf
  • applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031223-01870.pdf
  • applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of
• http://www.fcc.gov/transaction/thermo-globalstar/apps/SES-TC-20031223-01872.pdf
  • applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. Yes No 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of