FCC Web Documents citing 1.1312

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-804A1.pdf
  • 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 no substantial
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  • File No. EB-07-SE-151 NAL/Acct. No. 200832100022 FRN: 0001665900 ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Caprock Cellular Limited Partnership (``Caprock''). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules (``Rules''). The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist with respect to
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  • No.: EB-09-SE-080 Acct. No.: 201132100035 FRN: 0002701688 Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Airadigm Communications, Inc. dba AirFire Mobile (``Airadigm''). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree
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  • 201232100026 ) ) FRN: 0013457312 Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree
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  • Broadcast Station); FCC Form 340 (Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station). The Commission's rules provide that for facilities that require no Commission authorization prior to construction, the licensee or applicant is to ascertain whether the proposed facility may have a significant environmental impact or is categorically excluded under the Commission's environmental rules. 47 C.F.R. � 1.1312(a). If the proposed facility may have a significant environmental impact, appropriate environmental processing shall be completed prior to construction. See id. � 1.1312(b). If the proposed facility is categorically excluded under the Commission's environmental rules, construction and operation of the facility may proceed in accordance with the applicable licensing rules and procedures. Id. � 1.1312(c). See 47 C.F.R. � 1.1308.
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  • a significant effect on the environment due to bird mortality). The Commission's rules provide that, for facilities that require no Commission authorization prior to construction, the licensee or applicant is to ascertain whether the proposed facility may have a significant environmental impact, and if so, must file and await Commission processing of an EA prior to construction. 47 C.F.R. � 1.1312(a), (b). See, e.g., FCC Form 854 (Application for Antenna Structure Registration), Item 38; FCC Form 601 (Application for Wireless Telecommunications Bureau Radio Service Authorization), General Certification Statement 6; FCC Form 301 (Application for Construction Permit for Commercial Broadcast Station), General Environmental Worksheet; FCC Form 301-CA (Application for Authority to Make Changes in a Class A Television Broadcast Station), Certification Item
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  • in this proceeding and we conclude that granting SCANA's application for authorization would serve the public interest, convenience, and necessity. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 4(i), 309(a), Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. � 470f, Sections 1.1308 and 1.1312 of the Commission's rules, 47 C.F.R. �� 1.1308, 1.1312, and Part 800 of the regulations of the Advisory Council on Historic Preservation, 36 C.F.R. �� 800.1-800.15, that the application for tower construction, filed by SCANA Communications, Inc., IS HEREBY GRANTED, subject to the condition that SCANA will remove the tower if it is no longer in use five years from
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  • applicant or licensee must file an EA. Failure to comply with the Commission's rules may result in enforcement action and sanctions including fines, forfeitures, and suspension or revocation of license. For further information, please call Don Johnson in the Commercial Wireless Division, Policy and Rules Branch at (202) 418-7444. 47 C.F.R. � 1.1307. 47 C.F.R. � 1.1307(a)(4),(5). 47 C.F.R. � 1.1312(d). See 47 U.S.C �� 312, 503. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � � � � � +D�� +D`� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD
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  • grant the Maryland DBM application, and deny the petitions of Dr. Bright and Preservation Howard County. V. Ordering Clauses 26. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 4(i), 309(a), Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. � 470f, Sections 1.1308 and 1.1312, and 17.4 of the Commission's rules, 47 C.F.R. �� 1.1308, 1.1312, 17.4 and Part 800 of the regulations of the Advisory Council on Historic Preservation, 36 C.F.R. �� 800.1-800.16, that the application for antenna structure registration at 3451 Courthouse Drive, Ellicott City, Maryland, filed by Maryland DBM, IS HEREBY GRANTED. 27. IT IS FURTHER ORDERED that the Division finds the
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  • determination of environmental impacts for the construction of facilities where no preconstruction authorization from the Commission is required. Need: These rules implement the National Environmental Policy Act of 1969. Legal Basis: 42 U.S.C. �� 4321-4335. Section Number and Title: 1.1307(b) notes 1, 2, 3 Actions that may have a significant environmental effect for which Environmental Assessments (EAs) must be prepared 1.1312 Facilities for which no preconstruction authorization is required. Brief Description: These rules implement the Anti-Drug Abuse Act of 1988 to determine the eligibility for professional and commercial licenses issued by the Commission with respect to any denials of Federal benefits imposed by Federal or state courts. Need: These rules implement the Anti-Drug Abuse Act of 1988. Legal Basis: 21 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-28A1.txt
  • 470w(18). See 36 C.F.R. � 800.2(c)(2)(ii). See 47 C.F.R. � 1.1307(a)(5)(an EA is required where an undertaking ``may affect Indian religious sites''); see also Public Notice, ``Wireless Telecommunications Bureau Announces that Sprint Spectrum L.P., D/B/A SPRINT PCS Has Voluntarily Relocated a Wireless Telecommunications Tower Constructed on an Indian Burial 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
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  • Historic Preservation and the Piedmont Environmental Council ARE DISMISSED. 16. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.3, 1508.9 and 1508.13, Section 106 of the National Historic Preservation Act, 16 U.S.C. � 470f, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. 17. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(a), and Section 90.149 of the Commission's rules, 47 C.F.R.
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  • the Commission's Rules, 47 C.F.R. �� 1.939(b) and 1.1313(a), the Petition to Deny filed by Petitioners on June 19, 2003 IS DENIED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.3, 1508.9 and 1508.13, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(a), and Section 90.149 of the Commission's rules, 47 C.F.R. �
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  • 3060-1034. FM licensees must excite all radiating elements of their authorized antennas with both analog and digital signals. The Commission has not authorized interim operations that employ separate radiating elements for analog and digital signals. The notification procedures announced in this Public Notice may not be used to authorize such operations. See 47 C.F.R. � 73.99. See 47 C.F.R. � 1.1312(b). See IBOC Order, 17 FCC Rcd at 20000. Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, MM Docket No. 99-325, First Report and Order (October 11, 2002). $ � D � D � F F � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2019A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2019A1.txt
  • Service, IS GRANTED and the Comments and Letter ARE DISMISSED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.3, 1508.9 and 1508.13, Section 106 of the National Historic Preservation Act, 16 U.S.C. � 470f, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i) and 309(a), and Section 1.929(a)(4) of the Commission's rules, 47 C.F.R. �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2990A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2990A1.txt
  • the Application for Antenna Structure Registration (FCC Form 854), filed by the State of Ohio Department of Administrative Services, IS GRANTED. 18. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.3, 1508.9 and 1508.13, and Sections 1.1308 and 1.1312 of the Commission's Rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. 19. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(i) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R.�� 1501.4(i) and 1506.6, and Section 1.1308 of the 48 See EA at
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  • power. STA requests must be accompanied by the required fee payment (except for noncommercial licensees) and a certification pursuant to the Anti-drug Abuse Act of 1988 (except for governmental entities) See 47 C.F.R. � 1.2002. For fee payment and filing instructions, refer to the Application Fee Filing Guide for Media Bureau, available for download at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225457A1.pdf. See 47 C.F.R. � 1.1312(b). $ $ $ � & g � F % & d g � � F F ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2848A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2848A1.txt
  • Preservation, to Federal Communications Commission, State Historic Preservation Officer and Tribal Historic Preservation Officers, dated August 21, 2000, regarding Delegation of Authority for the Section 106 Review of Telecommunications Projects. In general, the Commission requires its applicants to undertake the steps necessary to determine whether an undertaking will have an adverse effect on historic properties. See 47 C.F.R. �� 1.1307(a)(4), 1.1312. Due to the unique circumstances of this case, the Division is directly requesting the SCSHPO's views. 36 C.F.R. � 800.5(c). Petition for Writ of Mandamus, In re: Tennant, No. 02-1060 (D.C. Cir.). See Letter from SCSHPO to R.S. Webb Associates (consultant for BellSouth Mobility, Inc.), dated September 10, 1996. See Letter from Jeffrey Steinberg, Esq., Deputy Chief, Commercial Wireless Division
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2848A1_Erratum.doc
  • Preservation, to Federal Communications Commission, State Historic Preservation Officer and Tribal Historic Preservation Officers, dated August 21, 2000, regarding Delegation of Authority for the Section 106 Review of Telecommunications Projects. In general, the Commission requires its applicants to undertake the steps necessary to determine whether an undertaking will have an adverse effect on historic properties. See 47 C.F.R. �� 1.1307(a)(4), 1.1312. Due to the unique circumstances of this case, the Division is directly requesting the SCSHPO's views. 36 C.F.R. � 800.5(c). Petition for Writ of Mandamus, In re: Tennant, No. 02-1060 (D.C. Cir.). See Letter from SCSHPO to R.S. Webb Associates (consultant for BellSouth Mobility, Inc.), dated September 10, 1996. See Letter from Jeffrey Steinberg, Esq., Deputy Chief, Commercial Wireless Division
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  • See 16 U.S.C. � 470f. See 16 U.S.C. � 470w(7)(C) (emphasis added). See 36 C.F.R. � 800.14(b) (``The Council and the agency official may negotiate a programmatic agreement to govern the implementation of a particular program or the resolution of adverse effects from certain complex project situations or multiple undertakings''). See 47 C.F.R. �� 1.1301-1.1319. See 47 C.F.R. �� 1.1307(a)(4), 1.1312. See 36 C.F.R. � 800.14(b). See Sprint Petition at 1-3. See Sprint Petition at 4. 47 C.F.R. �1.1307(a)(4). See 36 C.F.R. Part 800, Subpart B. Nationwide Programmatic Agreement Regarding the Section 106 Historic Preservation Act Review Process, WT Docket No. 03-128, Report and Order, FCC 04-222 (released October 5, 2004) (NPA Report and Order), 70 Fed. Reg. 55 (January 5,
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  • requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. �� 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. �� 4321-4335. 47 C.F.R. � 1.1307. See 47 C.F.R. � 1.1311. See 47 C.F.R. � 1.1308. 47 C.F.R. � 1.1312. 16 USC �� 1531 et seq. See 47 C.F.R. � 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16
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  • class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. � 1.1307(a)(4). 42 U.S.C. �� 4321-4335. 47 C.F.R. � 1.1307. See 47 C.F.R. � 1.1311. See 47 C.F.R. � 1.1308. 47 C.F.R. � 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) (``Collocation Agreement''). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, WT Docket No. 03-128, 20 FCC Rcd
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  • Jameely Moore and Johnnie and Susan Walker ARE DISMISSED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. Sections 1501.3, 1508.9 and 1508.13, Section 106 of the National Historic Preservation Act, 16 U.S.C. � 470f, and Sections 1.1308 and 1.1312 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Division finds grant of the Application will have no significant impact on the environment. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(i) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.4(i) and 1506.6, and Section 1.1308 of the Commission's rules, 47 C.F.R.
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  • 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 no substantial
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  • File No. EB-07-SE-151 NAL/Acct. No. 200832100022 FRN: 0001665900 ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Caprock Cellular Limited Partnership (``Caprock''). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules (``Rules''). The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, we conclude that no substantial or material questions of fact exist with respect to
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  • No.: EB-09-SE-080 Acct. No.: 201132100035 FRN: 0002701688 Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Airadigm Communications, Inc. dba AirFire Mobile (``Airadigm''). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree
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  • 307, 309, and 332. Section 25.113 is amended by revising paragraph (a) to read as follows: � 25.113 Station licenses and launch authority (a) Construction permits are not required for satellite earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 C.F.R. � 1.1312 relating to environmental processing prior to commencing construction. Applicants filing applications that propose the use of one or more new or existing antenna structures requiring registration under Part 17 of this chapter must also comply with any applicable environmental notification process specified in � 17.4(c) of this chapter. Section 25.115 is amended by revising paragraph (c)(2)(vi)(A)(4) to read as follows:
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  • 303, 307, 309, and 332. 2.Section 25.113 is amendedby revising paragraph (a) to read as follows: � 25.113 Station licenses and launch authority (a) Construction permits are not required for satellite earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 C.F.R. � 1.1312 relating to environmental processing prior to commencing construction. Applicants filing applications that propose the use of one or more new or existing antenna structures requiring registration under Part 17 of this chapter must also comply with any applicable environmental notification process specified in � 17.4(c) of this chapter. 3.Section 25.115 is amended by revising paragraph (c)(2)(vi)(A)(4) to read as follows:
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  • 201232100026 ) ) FRN: 0013457312 Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree
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  • Preservation, to Federal Communications Commission, State Historic Preservation Officer and Tribal Historic Preservation Officers, dated August 21, 2000, regarding Delegation of Authority for the Section 106 Review of Telecommunications Projects. In general, the Commission requires its applicants to undertake the steps necessary to determine whether an undertaking will have an adverse effect on historic properties. See 47 C.F.R. �� 1.1307(a)(4), 1.1312. Due to the unique circumstances of this case, the Division is directly requesting the SCSHPO's views. 36 C.F.R. � 800.5(c). Petition for Writ of Mandamus, In re: Tennant, No. 02-1060 (D.C. Cir.). See Letter from SCSHPO to R.S. Webb Associates (consultant for BellSouth Mobility, Inc.), dated September 10, 1996. See Letter from Jeffrey Steinberg, Esq., Deputy Chief, Commercial Wireless Division
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  • construction, environmental assessments called for by NEPA. See NPA Order, 20 F.C.C.R. at 1083-84 � 26. Where a facility "may have a significant environmental impact," the FCC's regulations require that an environmental assessment "shall be submitted by the [owner] and ruled on by the Commission . . . prior to the initiation of construction of the facility." 47 C.F.R. � 1.1312(b) (emphasis added); see NPA Order, 20 F.C.C.R. at 1083 n.52. The environmental assessment "is a document [that] explain[s] the environmental consequences of the proposal and set[s] forth sufficient analysis for . . . the Commission to reach 18 a determination that the proposal will or will not have a significant environmental effect." 47 C.F.R. � 1.1308(b). Where a proposal, such
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  • revising the section name, revising paragraph (a), and removing and reserving paragraph (b), to read as follows: � 25.113 Station licenses and launch authority. (a) Construction permits are not required for satellite earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 CFR 1.1312 relating to environmental processing prior to commencing construction. (b) [Reserved]. * * * * * 7. Amend � 25.115 by revising paragraphs (a) and (c) to read as follows: � 25.115 Application for earth station authorizations. (a) Transmitting earth stations. Commission authorization must be obtained for authority to operate a transmitting earth station. Applications shall be filed on FCC Form
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  • review and after review by the Council for conformity with the Act and these regulations''). See 1986 Order, supra n. 61. This order, in which the Commission adopted its categorical exclusions, makes it clear that the ``new rules have been coordinated with CEQ to assure compliance with their regulations.'' Id. at 14, para. 3. Comments at ii. 47 C.F.R. � 1.1312 (environmental processing procedures for facilities that do not require a pre-construction license). These rules apply in the case of both site-specific licenses and geographic or blanket licenses. Thus, a geographic license holder must obtain specific Commission approval of sites within its licensing area that require environmental review. 47 C.F.R. � 63.01(b) (requiring domestic common carriers constructing new lines to comply
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  • environmental impact statements); 1507.3(b)(2)(ii) (agency shall identify typical classes of action not requiring either an environmental impact statement or an environmental assessment); 1507.3(b)(2)(iii) (agency shall identify typical classes of action requiring environmental assessments but not necessarily environmental impact statements). In the Matter of Public Employees for Environmental Responsibility, 16 FCC Rcd 21439, 21445 (2001) (``PEER''); see also 47 C.F.R. � 1.1312 (a) (in the case of facilities for which no preconstruction authorization is required, the licensee or applicant must initially ascertain whether or not the proposed facility may have a significant environmental impact as defined in 47 C.F.R. � 1.1307). 47 C.F.R. �� 1.1307(b), 1.1310. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets, 15 FCC Rcd 22983,
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  • licenses], as defined in � 1.929 of [the Rules] . . . , require prior Commission approval.'' Section 1.929(a) classifies the following as a ``major'' modification for all services: ``[a]pplication or amendment requesting authorization for a facility that would have a significant environmental effect as defined by �� 1.1301 through 1.1319 of the rules . . . .'' Under Section 1.1312(b) of the Rules, an EA must be submitted to and ruled on by the Commission prior to the initiation of construction if a proposed facility that is not otherwise subject to pre-construction authorization ``may have a significant environmental impact.'' Section 1.1307(a)(4) specifies as one criterion of potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects,
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  • Broadcast Station); FCC Form 340 (Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station). The Commission's rules provide that for facilities that require no Commission authorization prior to construction, the licensee or applicant is to ascertain whether the proposed facility may have a significant environmental impact or is categorically excluded under the Commission's environmental rules. 47 C.F.R. � 1.1312(a). If the proposed facility may have a significant environmental impact, appropriate environmental processing shall be completed prior to construction. See id. � 1.1312(b). If the proposed facility is categorically excluded under the Commission's environmental rules, construction and operation of the facility may proceed in accordance with the applicable licensing rules and procedures. Id. � 1.1312(c). See 47 C.F.R. � 1.1308.
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  • 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 construct
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A1_Erratum.doc
  • 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 construct
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  • 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].'' 16 U.S.C. � 470f. 47
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  • revising the section heading and paragraph (a), and removing and reserving paragraph (b) to read as follows: � 25.113 Station licenses and launch authority. (a) Construction permits are not required for satellite earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 CFR 1.1312 relating to environmental processing prior to commencing construction. (b) [Reserved]. * * * * * 4. Amend � 25.115 by revising paragraphs (a)(1) and (c)(1) to read as follows: � 25.115 Application for earth station authorizations. (a)(1) Transmitting earth stations. Commission authorization must be obtained for authority to operate a transmitting earth station. Applications shall be filed electronically on FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-63A1_Erratum.doc
  • revising the section heading and paragraph (a), and removing and reserving paragraph (b) to read as follows: � 25.113 Station licenses and launch authority. (a) Construction permits are not required for satellite earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 CFR 1.1312 relating to environmental processing prior to commencing construction. (b) [Reserved]. * * * * * 4. Amend � 25.115 by revising paragraphs (a)(1) and (c)(1) to read as follows: � 25.115 Application for earth station authorizations. (a)(1) Transmitting earth stations. Commission authorization must be obtained for authority to operate a transmitting earth station. Applications shall be filed electronically on FCC
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  • a significant effect on the environment due to bird mortality). The Commission's rules provide that, for facilities that require no Commission authorization prior to construction, the licensee or applicant is to ascertain whether the proposed facility may have a significant environmental impact, and if so, must file and await Commission processing of an EA prior to construction. 47 C.F.R. � 1.1312(a), (b). See, e.g., FCC Form 854 (Application for Antenna Structure Registration), Item 38; FCC Form 601 (Application for Wireless Telecommunications Bureau Radio Service Authorization), General Certification Statement 6; FCC Form 301 (Application for Construction Permit for Commercial Broadcast Station), General Environmental Worksheet; FCC Form 301-CA (Application for Authority to Make Changes in a Class A Television Broadcast Station), Certification Item
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  • Process, WT Docket No. 03-128, Petition for Reconsideration, filed February 3, 2005 (TSPA Petition). The TSPA included, at the time the Petition was filed, American Tower Corporation, Cingular Wireless LLC, SBA Communications, Inc., and T-Mobile USA, Inc. 16 U.S.C. � 470f. The NPA is codified at 47 C.F.R. Part 1, App. C. 16 U.S.C. � 470f. See 47 C.F.R. � 1.1312(a) (requiring licensee or applicant to initially ascertain whether proposed facility may have significant environmental impact prior to initiation of construction in cases where no pre-construction Commission authorization is otherwise required). 47 C.F.R. � 1.1307(a)(4). If a proposed facility may significantly affect the environment, either due to its effect on historic properties or for any other reason specified in the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-110A1_Rcd.pdf
  • amendments to the NPA shall be subject to appropriate notice and comment and shall be signed by the Commission, the ACHP, and NCSHPO.12 5. In its petition seeking reconsideration of certain provisions of the NPA Report and Order, 316 U.S.C. � 470f. The NPA is codified at 47 C.F.R. Part 1, App. C. 416 U.S.C. � 470f. 5See47 C.F.R. � 1.1312(a) (requiring licensee or applicant to initially ascertain whether proposed facility may have significant environmental impact prior to initiation of construction in cases where no pre-construction Commission authorization is otherwise required). 647 C.F.R. � 1.1307(a)(4). If a proposed facility may significantly affect the environment, either due to its effect on historic properties or for any other reason specified in the Commission's
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  • the Fries Friends for Intelligent Tower Siting IS DISMISSED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. Sections 1501.3, 1508.9 and 1508.13, Section 106 of the National Historic Preservation Act, 16 U.S.C. � 470f, and Sections 1.1308 and 1.1312 of the Commission's rules, 47 C.F.R. �� 1.1308 and 1.1312, that the Commission finds the tower constructed by United States Cellular Corporation in Fries, Virginia, has no significant impact on the environment. IT IS FURTHER ORDERED, pursuant to Sections 1501.4(e)(1) and 1506.6 of the regulations of the Council on Environmental Quality, 40 C.F.R. �� 1501.4(e)(1) and 1506.6, and Section 1.1308
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  • USCC contends the FFFITS petition should be dismissed for failure to meet procedural requirements ofSection 1.939 of the Commission's rules.44Specifically, USCC argues, the petition does not offer substantial evidence, supported by affidavit, that FFFITS is an interested party in 36 Id. at 3, �13. 37Id. at 3, �14. 38 SeeConsent Orderat 1, �3. 39 See47 C.F.R. �� 1.929(a)(4), 1.1307(a)(4), 1.1308(a), 1.1312(a), 22.165(c). Previously, on February 23, 2007 the Wireless Telecommunications Bureau had granted USCC Special Temporary Authority (STA) to operate from the site pending the completion of environmental review, in order to prevent the loss of service due to other technical changes in USCC's system. The STA was extended August 9, 2007, and January 25, 2008. 40 SeePublic Notice, Report 2960,
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  • 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 on
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  • may be subject to additional restrictions if you operate your Personal Radio Services transmitter: (1) Near an FCC field office or in a quiet zone. See�1.924 of this chapter. (2) In an area subject to an international treaty or agreement. (3) At an environmentally sensitive site, or in such a manner as to raise environmental problems. See ��1.1307, 1.1311 and 1.1312 of this chapter. (4) In an area administered by the United States Government. For example, the Department of Defense may impose restrictions on a station transmitting on its land. Before placing a station at such a point, a licensee should consult with the commanding officer in charge of the land.Anyone intending to operate a Personal Radio Services transmitter on the
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  • 6. In � 25.113, revise paragraph (a) and remove and reserve paragraph (c) to read as follows: � 25.113 Station licenses and launch authority. (a) Construction permits are not required for earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 CFR � 1.1312 relating to environmental processing prior to commencing construction. * * * * * (c) [removed and reserved]. 7. In � 25.115, revise paragraph (a)(2), remove paragraph (a)(3), and redesignate current paragraph (a)(4) as paragraph (a)(3), to read as follows: � 25.115 Application for earth station authorizations. (a)(1) * * * (2) Applicants for licenses for transmitting earth station facilities are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-21A1_Rcd.pdf
  • 6. In � 25.113, revise paragraph (a) and remove and reserve paragraph (c) to read as follows: � 25.113 Station licenses and launch authority. (a) Construction permits are not required for earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 CFR � 1.1312 relating to environmental processing prior to commencing construction. * * * * * (c) [removed and reserved]. 7. In � 25.115, revise paragraph (a)(2), remove paragraph (a)(3), and redesignate current paragraph (a)(4) as paragraph (a)(3), to read as follows: � 25.115 Application for earth station authorizations. (a)(1) * * * (2) Applicants for licenses for transmitting earth station facilities are
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  • 307, 309, and 332. Section 25.113 is amended by revising paragraph (a) to read as follows: � 25.113 Station licenses and launch authority (a) Construction permits are not required for satellite earth stations. Construction of such stations may commence prior to grant of a license at the applicant's own risk. Applicants must comply with the provisions of 47 C.F.R. � 1.1312 relating to environmental processing prior to commencing construction. Applicants filing applications that propose the use of one or more new or existing antenna structures requiring registration under Part 17 of this chapter must also comply with any applicable environmental notification process specified in � 17.4(c) of this chapter. ***** Section 25.115 is amended by revising paragraph (c)(2)(vi)(A)(4) to read as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • (including a renewal of a license to transmit), equipment authorization, or modification in existing facilities requires preparation of an EA if the proposed facility, operation, or transmitter would cause human exposure to radiofrequency radiation in excess of the limits specified in 47 C.F.R. �� 1.1310 and 2.1093. 47 C.F.R. � 1.1307(b). 3947 C.F.R. � 1.1308. See also 47 C.F.R. � 1.1312 (requiring Commission applicants and licensees to perform environmental review of proposed actions requiring no other preconstruction Commission authorization). 40We note, however, that licensees and applicants must consider effects on migratory birds that are listed or proposed as endangered or threatened species under the ESA. 47 C.F.R. � 1.1307(a)(3). In American Bird Conservancy, the court vacated the Commission's refusal to initiate
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  • any new major common carrier facility project between the United States and all international points that it is authorized to serve on a facilities basis. This paragraph shall not authorize the carrier to engage in any construction or extension of lines that may have a significant effect on the environment as defined in � 1.1307 of this chapter. See � 1.1312 of this chapter. The carrier must seek specific Section 214 authority and comply with the Commission's environmental rules before any such construction or extension. (f) Except as otherwise ordered by the Commission, the carrier may provide facilities-based service to a market served by an affiliate that terminates U.S. international switched traffic only if that affiliate has in effect a settlement
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  • Commission staff unless the applicant amends its application so as to comply with the Commission's adopted RF guidelines. See 47 C.F.R. �� 1.1311; see also 47 C.F.R. ��1.1308, 1.1309, 1.1314-1.1317. 15. If no pre-construction Commission authorization is required (as is the case for PCS and cellular licenses, for example, where the Commission authorizes blanket licenses that are not site-specific), Section 1.1312 of the Commission's environmental processing rules requires that the licensee conduct the appropriate calculations and determine whether the 1 National Environmental Policy Act of 1969, 42 U.S.C. Section 4321, et seq. 2 See 47 CFR � 1.1301, et seq. 6 Federal Communications Commission FCC 97-303 facility will comply with the Commission's adopted RF guidelines in effect at that time (i.e.,
• http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, 47 U.S.C. �� 4321-4335, require "blanket" licensees to initially ascertain whether a proposed facility may have a significant environmental impact and, if so, the licensee must file required information and environmental processing (if invoked) must be completed prior to the initiation of construction. See 47 C.F.R. � 1.1312. Similarly, 47 C.F.R. Part 17 contains rules concerning the construction, marking, and lighting of antenna structures. Moreover, all 700 MHz stations will be subject to any power limitations imposed by international agreements, see, e.g., 47 C.F.R. � 24.132(g), as well as Quiet Zone protection requirements, see, e.g., 47 C.F.R. � 22.369. 458 Herein, we are only addressing the 8.8 megahertz
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • wireless licenses], as defined in 1.929 of [the Rules] . . . , require prior Commission approval.''33 Section 1.929(a) classifies the following as a ``major'' modification for all services: ``[a]pplication or amendment requesting authorization for a facility that would have a significant environmental effect as defined by 1.1301 through 1.1319 of the rules . . . .''34 12. Under Section 1.1312(b) of the Rules, an EA must be submitted to and ruled on by the Commission prior to the initiation of construction if a proposed facility that is not otherwise subject to pre-construction authorization ``may have a significant environmental impact.''35 Section 1.1307(a)(4) specifies as one criterion of potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects,
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • 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. 747 C.F.R. 1.1307(a)(4). The
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. SS 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. 16 USC SS 1531 et seq. See 47 C.F.R. S 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. S 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement"). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, WT Docket No. 03-128, 20 FCC Rcd
• http://transition.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • 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 conclude that
• http://transition.fcc.gov/eb/Orders/2008/DA-08-561A1.html
  • Cellular Limited Partnership ) FRN: 0001665900 ) ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Caprock Cellular Limited Partnership ("Caprock"). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules ("Rules"). 2. The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of fact exist with
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1586A1.html
  • ) FRN: 0002701688 ) ) ORDER Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Airadigm Communications, Inc. dba AirFire Mobile ("Airadigm"). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the
• http://transition.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • ) FRN: 0013457312 ORDER Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the
• 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
  • 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. of the Commission's Rules. See � 1.1312. � 24.814 [Reserved] � 24.815 Technical content of applications; maintenance of list of station locations.
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • the name and address of each partner, each partner's citizenship and the share or interest participation in the partnership. This information must be provided for all partners, regardless of their respective ownership interests in the partnership. (b) Each application for a broadband PCS license must: (1) Submit the information required by the must be completed prior to construction. See � 1.1312 of Commission's Rules, requests and application forms; this chapter. All broadband PCS licensees are subject to (2) Be maintained by the applicant substantially a continuing obligation to determine whether subsequent accurate and complete in all significant respects in construction may have a significant environmental impact accordance with the provisions of � 1.65 of this chapter; prior to undertaking such construction
• 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
  • 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 this chapter. See � 1.1312 of this chapter. � 26.308 Technical content of applications; maintenance of list of station locations. 81 All
• http://wireless.fcc.gov/siting/fact1.html http://wireless.fcc.gov/siting/fact1.pdf
  • Assessment (EA), as outlined in section 1.1311, prior to constructing a tower. The applicant is required to consult section 1.1307 to determine if its proposed antenna structure will fall under any of the listed categories that may significantly affect the environment. If it does, the applicant must provide an EA prior to proceeding with the tower construction and. under section 1.1312, must await FCC approval before commencing any such construction even if FCC approval is not otherwise required for such construction. The FCC places all proposals that may significantly impact the environment on public notice for a period of 30 days, seeking any public comments on the proposed structures. The categories set forth in section 1.1307 include: Wilderness Area Wildlife Preserve
• http://wireless.fcc.gov/siting/fact2.pdf
  • 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 all interested parties are afforded a 30-day period in which to file comments on the proposed effects
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000035.doc
  • environmental regulations, at 47 C.F.R � 1.1301 et seq., require, among other things, that the carrier ``initially ascertain whether the proposed facility may have a significant environmental impact'' and, if so, prepare an Environmental Assessment (EA). The regulations specify actions that are excluded from environmental processing and actions for which EAs must be prepared. 47 C.F.R �� 1.1306, 1.1307, and 1.1312. On September 8, 1999, the Advisory Council On Historic Preservation submitted a letter to the Commission asking for assistance in determining whether the Commission has met its requirements under the Advisor Council's regulations regarding this project. On September 9, 1999, in response to a telephone request from the Commission, the office of the Rhode Island State Historic Preservation Officer (SHPO)
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
  • 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 96-326 _________________________________________
• 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
  • Commission staff unless the applicant amends its application so as to comply with the Commission's adopted RF guidelines. See 47 C.F.R. �� 1.1311; see also 47 C.F.R. ��1.1308, 1.1309, 1.1314-1.1317. 15. If no pre-construction Commission authorization is required (as is the case for PCS and cellular licenses, for example, where the Commission authorizes blanket licenses that are not site-specific), Section 1.1312 of the Commission's environmental processing rules requires that the licensee conduct the appropriate calculations and determine whether the 1 National Environmental Policy Act of 1969, 42 U.S.C. Section 4321, et seq. 2 See 47 CFR � 1.1301, et seq. 6 Federal Communications Commission FCC 97-303 facility will comply with the Commission's adopted RF guidelines in effect at that time (i.e.,
• http://www.fcc.gov/Bureaus/International/Notices/1998/fcc98149.pdf
  • any new major common carrier facility project between the United States and all international points that it is authorized to serve on a facilities basis. This paragraph shall not authorize the carrier to engage in any construction or extension of lines that may have a significant effect on the environment as defined in � 1.1307 of this chapter. See � 1.1312 of this chapter. The carrier must seek specific Section 214 authority and comply with the Commission's environmental rules before any such construction or extension. (f) Except as otherwise ordered by the Commission, the carrier may provide facilities-based service to a market served by an affiliate that terminates U.S. international switched traffic only if that affiliate has in effect a settlement
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • the Commission's rules implementing the National Environmental Policy Act of 1969, as amended, 47 U.S.C. �� 4321-4335, require "blanket" licensees to initially ascertain whether a proposed facility may have a significant environmental impact and, if so, the licensee must file required information and environmental processing (if invoked) must be completed prior to the initiation of construction. See 47 C.F.R. � 1.1312. Similarly, 47 C.F.R. Part 17 contains rules concerning the construction, marking, and lighting of antenna structures. Moreover, all 700 MHz stations will be subject to any power limitations imposed by international agreements, see, e.g., 47 C.F.R. � 24.132(g), as well as Quiet Zone protection requirements, see, e.g., 47 C.F.R. � 22.369. 458 Herein, we are only addressing the 8.8 megahertz
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000821.doc
  • in this proceeding and we conclude that granting SCANA's application for authorization would serve the public interest, convenience, and necessity. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 4(i), 309(a), Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. � 470f, Sections 1.1308 and 1.1312 of the Commission's rules, 47 C.F.R. �� 1.1308, 1.1312, and Part 800 of the regulations of the Advisory Council on Historic Preservation, 36 C.F.R. �� 800.1-800.15, that the application for tower construction, filed by SCANA Communications, Inc., IS HEREBY GRANTED, subject to the condition that SCANA will remove the tower if it is no longer in use five years from
• http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
  • wireless licenses], as defined in 1.929 of [the Rules] . . . , require prior Commission approval.''33 Section 1.929(a) classifies the following as a ``major'' modification for all services: ``[a]pplication or amendment requesting authorization for a facility that would have a significant environmental effect as defined by 1.1301 through 1.1319 of the rules . . . .''34 12. Under Section 1.1312(b) of the Rules, an EA must be submitted to and ruled on by the Commission prior to the initiation of construction if a proposed facility that is not otherwise subject to pre-construction authorization ``may have a significant environmental impact.''35 Section 1.1307(a)(4) specifies as one criterion of potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects,
• http://www.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
  • 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. 747 C.F.R. 1.1307(a)(4). The
• http://www.fcc.gov/eb/Orders/2006/DA-06-2063A1.html
  • requested to Marjorie Spivak, Esq., counsel for Panhandle Telecommunications, Inc., Bennet & Bennet PLLC, 10 G Street, NE, Washington, DC 20002. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. SS 1.1307(a)(3) and 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. 16 USC SS 1531 et seq. See 47 C.F.R. S 1.1307(a)(3) and Note. Alternatively, licensees may use other sufficient means to determine that species and habitats protected under the ESA would not be affected. See FCC Environmental Checklist, http://wireless.fcc.gov/siting/environmental-assessment.html. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16
• http://www.fcc.gov/eb/Orders/2006/DA-06-2065A1.html
  • class mail and certified mail return receipt requested to Shannon Reilly Kraus, Esq., T-Mobile USA, Inc., 129290 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau 47 C.F.R. S 1.1307(a)(4). 42 U.S.C. SS 4321-4335. 47 C.F.R. S 1.1307. See 47 C.F.R. S 1.1311. See 47 C.F.R. S 1.1308. 47 C.F.R. S 1.1312. See Wireless Telecommunications Bureau Announces Execution of Programmatic Agreement with respect to Collocating Wireless Antennas on Existing Structures, Public Notice, 16 FCC Rcd 5574 (WTB 2001), recon. denied, 20 FCC Rcd 4084 (WTB 2005) ("Collocation Agreement"). See Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, Report and Order, WT Docket No. 03-128, 20 FCC Rcd
• http://www.fcc.gov/eb/Orders/2007/DA-07-804A1.html
  • 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 conclude that
• http://www.fcc.gov/eb/Orders/2008/DA-08-561A1.html
  • Cellular Limited Partnership ) FRN: 0001665900 ) ORDER Adopted: March 13, 2008 Released: March 17, 2008 By the Deputy Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Caprock Cellular Limited Partnership ("Caprock"). The Consent Decree terminates the Bureau's investigation into Caprock's compliance with Sections 1.1307, 1.1308, and 1.1312 of the Commission's Rules ("Rules"). 2. The Enforcement Bureau and Caprock have negotiated the terms of a Consent Decree that would resolve these matters and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, we conclude that no substantial or material questions of fact exist with
• http://www.fcc.gov/eb/Orders/2011/DA-11-1586A1.html
  • ) FRN: 0002701688 ) ) ORDER Adopted: September 30, 2011 Released: September 30, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Airadigm Communications, Inc. dba AirFire Mobile ("Airadigm"). The Consent Decree resolves and terminates the Bureau's investigation into Airadigm's compliance with sections 1.1307(a)(4) and 1.1312(a) of the Commission's Rules concerning Airadigm's obligation to assess the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Airadigm have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the
• http://www.fcc.gov/eb/Orders/2012/DA-12-867A1.html
  • ) FRN: 0013457312 ORDER Adopted: June 13, 2012 Released: June 14, 2012 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission and Horvath Towers, LLC (Horvath). The Consent Decree resolves and terminates the Bureau's investigation into Horvath's compliance with Sections 1.1307(a)(6) and 1.1312(a) of the Commission's rules (Rules) pertaining to the required assessment of the potential effect on the environment of the construction of a wireless communications facility. 2. The Bureau and Horvath have negotiated a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the
• http://www.fcc.gov/fcc-bin/audio/DA-03-831A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-831A1.pdf
  • 3060-1034. FM licensees must excite all radiating elements of their authorized antennas with both analog and digital signals. The Commission has not authorized interim operations that employ separate radiating elements for analog and digital signals. The notification procedures announced in this Public Notice may not be used to authorize such operations. See 47 C.F.R. � 73.99. See 47 C.F.R. � 1.1312(b). See IBOC Order, 17 FCC Rcd at 20000. Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, MM Docket No. 99-325, First Report and Order (October 11, 2002). $ � D � D � F F � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J
• http://www.fcc.gov/fcc-bin/audio/DA-04-712A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-712A1.pdf
  • power. STA requests must be accompanied by the required fee payment (except for noncommercial licensees) and a certification pursuant to the Anti-drug Abuse Act of 1988 (except for governmental entities) See 47 C.F.R. � 1.2002. For fee payment and filing instructions, refer to the Application Fee Filing Guide for Media Bureau, available for download at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225457A1.pdf. See 47 C.F.R. � 1.1312(b). $ $ $ � & g � F % & d g � � F F ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i
• 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
  • environmental impact statements); 1507.3(b)(2)(ii) (agency shall identify typical classes of action not requiring either an environmental impact statement or an environmental assessment); 1507.3(b)(2)(iii) (agency shall identify typical classes of action requiring environmental assessments but not necessarily environmental impact statements). In the Matter of Public Employees for Environmental Responsibility, 16 FCC Rcd 21439, 21445 (2001) (``PEER''); see also 47 C.F.R. � 1.1312 (a) (in the case of facilities for which no preconstruction authorization is required, the licensee or applicant must initially ascertain whether or not the proposed facility may have a significant environmental impact as defined in 47 C.F.R. � 1.1307). 47 C.F.R. �� 1.1307(b), 1.1310. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets, 15 FCC Rcd 22983,
• http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.pdf
  • licenses], as defined in � 1.929 of [the Rules] . . . , require prior Commission approval.'' Section 1.929(a) classifies the following as a ``major'' modification for all services: ``[a]pplication or amendment requesting authorization for a facility that would have a significant environmental effect as defined by �� 1.1301 through 1.1319 of the rules . . . .'' Under Section 1.1312(b) of the Rules, an EA must be submitted to and ruled on by the Commission prior to the initiation of construction if a proposed facility that is not otherwise subject to pre-construction authorization ``may have a significant environmental impact.'' Section 1.1307(a)(4) specifies as one criterion of potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects,
• http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.pdf
  • Broadcast Station); FCC Form 340 (Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station). The Commission's rules provide that for facilities that require no Commission authorization prior to construction, the licensee or applicant is to ascertain whether the proposed facility may have a significant environmental impact or is categorically excluded under the Commission's environmental rules. 47 C.F.R. � 1.1312(a). If the proposed facility may have a significant environmental impact, appropriate environmental processing shall be completed prior to construction. See id. � 1.1312(b). If the proposed facility is categorically excluded under the Commission's environmental rules, construction and operation of the facility may proceed in accordance with the applicable licensing rules and procedures. Id. � 1.1312(c). See 47 C.F.R. � 1.1308.
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  • 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 construct
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  • a significant effect on the environment due to bird mortality). The Commission's rules provide that, for facilities that require no Commission authorization prior to construction, the licensee or applicant is to ascertain whether the proposed facility may have a significant environmental impact, and if so, must file and await Commission processing of an EA prior to construction. 47 C.F.R. � 1.1312(a), (b). See, e.g., FCC Form 854 (Application for Antenna Structure Registration), Item 38; FCC Form 601 (Application for Wireless Telecommunications Bureau Radio Service Authorization), General Certification Statement 6; FCC Form 301 (Application for Construction Permit for Commercial Broadcast Station), General Environmental Worksheet; FCC Form 301-CA (Application for Authority to Make Changes in a Class A Television Broadcast Station), Certification Item
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  • � 800.1(c)(1)(ii).1 Alongside these regulations implementing the NHPA was a set of FCC regulations promulgated under the National Environmental Policy Act. Under the NEPA regulations, licensees planning to build facilities for which no separate pre-construction authorization was required from the FCC were charged with ``initially ascertain[ing] whether the pro- posed facility may have a significant environmental impact.'' 47 C.F.R. � 1.1312(a) (1995). A significant environmental impact was defined to include an effect on a site listed in the National Register. Id. � 1.1307(a)(4). If such an effect was possible, the license applicant was required to prepare an environmental assessment and file it with the FCC for a determination of whether the proposed facility would in fact have that effect. Id. ��