FCC Web Documents citing 1.1313

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

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  • of any identified person. The Licensing and Technical Analysis Branch will evaluate the pending EAs and either grant or deny the applications or request supplemental information as set forth in Section 1.1308(b) of the Commission's rules. V. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and section 1.1313 of the Commission's Rules, 47 C.F.R. § 1.1313, the 29 Objections/Petitions to Deny, jointly filed by the Friends of Earth and the Forest Conservation Council against 29 Applications for Antenna Structure Registrations, ARE DISMISSED. Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. §§ 1.1301-1.1319. 47 C.F.R. § 17.7(a) (``....of more than 60.96 meters (200 feet)
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  • 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. In light of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 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. In light of the
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  • that allowing Albemarle to construct a tower needed for public safety radio communications on Peter's Mountain, Albemarle County, Virginia, would serve the public interest, convenience, and necessity. Accordingly, we grant Albemarle's application. V. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §154(i), and Sections 1.939(b) and 1.1313(a) of the Commission's Rules, 47 C.F.R. §§ 1.939(b) and 1.1313(a), the Objection and Comments filed by the National Trust for 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. §§
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  • the environment. Therefore, we deny the Petition to Deny, issue the FONSI, grant the Application, dismiss as moot Mr. Kane's petition to require an EA, and rescind the June 2002 order to stop work. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §154(i), and Sections 1.939(b) and 1.1313(a) of 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
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  • the Club Petition. We also dismiss as moot the Petition for Environmental Assessment, filed by HFC, dated July 16, 2002, and the State's Petition for Reconsideration of the Division's May 8, 2003 Letter. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §154(i), and Sections 1.939(b) and 1.1313(a) of the Commission's Rules, 47 C.F.R. §§ 1.939(b) and 1.1313(a), the separate Petitions to Deny, filed by the Harpers Ferry Conservancy and the Potomac Trail Club, ARE DENIED. IT IS FURTHER ORDERED, pursuant to Section 1.935 of the Commission's Rules, 47 C.F.R. §1.935, that the Request for Acknowledgement of Withdrawal of ATPO Comments and Letter, filed by the Appalachian Trail
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2990A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2990A1.txt
  • conclude that allowing the State to construct a tower needed for public safety radio communications near Deersville, Ohio, will serve the public interest, convenience, and necessity. Accordingly, we grant the State's application. V. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §154(i), and Sections 1.939(b) and 1.1313(a) of the Commission's Rules, 47 C.F.R. §§ 1.939(b) and 1.1313(a), the Petition to Deny filed by the Forest Conservation Council and the American Bird Conservancy IS DENIED. 17. IT IS FURTHER ORDERED, pursuant to Section 303 of the Communications Act of 1934, as amended, 47 U.S.C. §303(a), and Section 17.4 of the Commission's rules, 47 C.F.R. § 17.4, that the
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  • 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). In the Matter of
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  • by American Tower discussed herein will have no significant impact on the human environment within the meaning of NEPA and Section 1.1307 of the Commission's Rules. Accordingly, we grant American Tower's application. V. Ordering ClauseS Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.939(h) and 1.1313(a) of the Commission's rules, 47 C.F.R. §§ 1.939(h) and 1.1313(a), the Petitions to deny filed by Rosalie Crouch, 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
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  • 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 . . .'' 47 U.S.C. § 161
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  • the relevant local zoning process. The local notice shall contain all of the descriptive information as to geographic location, configuration, height and anticipated lighting specifications reflected in the submission required pursuant to paragraph (c)(2) of this section. It must also provide information as to the procedure for interested persons to file Requests for environmental processing pursuant to §§ 1.1307(c) and 1.1313(b) of this chapter, including any assigned file number. (4) National notice. On or after the local notice date provided by the prospective applicant, the Commission shall post notification of the proposed construction on its website. This posting shall include the information contained in the initial filing with the Commission or a link to such information. The posting shall remain on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1_Rcd.pdf
  • the relevant local zoning process. The local notice shall contain all of the descriptive information as to geographic location, configuration, height and anticipated lighting specifications reflected in the submission required pursuant to paragraph (c)(2) of this section. It must also provide information as to the procedure for interested persons to file Requests for environmental processing pursuant to §§ 1.1307(c) and 1.1313(b) of this chapter, including any assigned file number. (4) National notice. On or after the local notice date provided by the prospective applicant, the Commission shall post notification of the proposed construction on its website. This posting shall include the information contained in the initial filing with the Commission or a link to such information. The posting shall remain on
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  • 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 at 10-14; CTIA
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  • a finding that USCC's violation is not likely to recur. Under all the circumstances, we affirm the Enforcement Bureau's finding on the character issue, affirm the Consent Decree, and deny the Application for Review. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.939(h) and 1.1313(a) of the Commission's rules, 47 C.F.R. §§ 1.939(h) and 1.1313(a), that the Petition to Deny filed by the Fries Friends for Intelligent Tower Siting IS DISMISSED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), the regulations of the Council on Environmental Quality, 40 C.F.R. Sections 1501.3, 1508.9 and
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  • finding that USCC's violation is not likely to recur.82Under all the circumstances, we affirm the Enforcement Bureau's finding on the character issue, affirm the Consent Decree, and deny the Application for Review. IV. ORDERING CLAUSES 29. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.939(h) and 1.1313(a) of the Commission's rules, 47 C.F.R. §§ 1.939(h) and 1.1313(a), that the Petition to Deny filed by the Fries Friends for Intelligent Tower Siting IS DISMISSED. 30. ITIS 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
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  • do not require FAA notification but that are registered as the vehicle for filing an EA. We note, however, that towers that are not subject to registration under Part 17 of the rules must comply with the Commission's environmental rules. Objections based on environmental considerations to such non-ASR applications remain subject to the petition to deny standard specified in Section 1.1313(a). We will also continue to entertain informal objections to such construction based on environmental considerations pursuant to Section 1.1313(b). Timing of Environmental Notice Applicants will be required to complete environmental notification before filing their completed ASR applications, and may do so before receiving the FAA's No Hazard Determination. Thus, the environmental notification process constitutes a notification, not a certification, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • that do not require FAA notification but that are registered as the vehicle for filing an EA.153We note, however, that towers that are not subject to registration under Part 17 of the rules must comply with the Commission's environmental rules. Objections based on environmental considerations to such non-ASR applications remain subject to the petition to deny standard specified in Section 1.1313(a).154We will also continue to entertain informal objections to such construction based on environmental considerations pursuant to Section 1.1313(b).155 2. Timing of Environmental Notice 58. Applicants will be required to complete environmental notification before filing their completed ASR applications, and may do so before receiving the FAA's No Hazard Determination.156 Thus, the environmental notification process constitutes a notification, not a certification,
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  • 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 of Implementation of
• http://wireless.fcc.gov/siting/fact2.pdf
  • in paragraphs (c) and (d) of this section. (c) If an interested person alleges that a particular action, otherwise categorically excluded, will have a significant environmental effect, the person shall submit to the Bureau responsible for processing that action a written petition setting forth in detail the reasons justifying or circumstances necessitating environmental consideration in the decision-making process. (See § 1.1313). The Bureau shall review the petition and consider the environmental concerns that have been raised. If the Bureau determines that the action may have a significant environmental impact, the Bureau will require the applicant to prepare an EA (see §§ 1.1308 and 1.1311), which will serve as the basis for the determination to proceed with or terminate environmental processing. (d)