§ 1.1307   Actions that may have a significant environmental effect, for which
Environmental Assessments (EAs) must be prepared.

   (a) Commission actions with respect to the following types of facilities may
   significantly affect the environment and thus require the preparation of EAs
   by  the  applicant  (see  § § 1.1308 and 1.1311) and may require further
   Commission environmental processing (see § § 1.1314, 1.1315 and 1.1317):

   (1) Facilities that are to be located in an officially designated wilderness
   area.

   (2) Facilities that are to be located in an officially designated wildlife
   preserve.

   (3) Facilities that: (i) May affect listed threatened or endangered species
   or  designated critical habitats; or (ii) are likely to jeopardize the
   continued existence of any proposed endangered or threatened species or
   likely to result in the destruction or adverse modification of proposed
   critical habitats, as determined by the Secretary of the Interior pursuant
   to the Endangered Species Act of 1973.

   Note: The list of endangered and threatened species is contained in 50 CFR
   17.11, 17.22, 222.23(a) and 227.4. The list of designated critical habitats
   is contained in 50 CFR 17.95, 17.96 and part 226. To ascertain the status of
   proposed species and habitats, inquiries may be directed to the Regional
   Director of the Fish and Wildlife Service, Department of the Interior.

   (4)(i) Facilities that may affect districts, sites, buildings, structures or
   objects,  significant  in  American history, architecture, archeology,
   engineering or culture, that are listed, or are eligible for listing, in the
   National Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR part 60
   and 800.) To ascertain whether a proposed action may affect properties that
   are listed or eligible for listing in the National Register of Historic
   Places, an applicant shall follow the procedures set forth in the rules of
   the Advisory Council on Historic Preservation, 36 CFR part 800, as modified
   and  supplemented  by  the  Nationwide  Programmatic Agreement for the
   Collocation of Wireless Antennas, Appendix B to Part 1 of this Chapter, and
   the Nationwide Programmatic Agreement Regarding the Section 106 National
   Historic Preservation Act Review Process, Appendix C to Part 1 of this
   Chapter.

   (ii) The requirements in paragraph (a)(4)(i) of this section do not apply
   to:

   (A) The mounting of antennas (including associated equipment such as wiring,
   cabling,  cabinets,  or  backup-power)  on existing utility structures
   (including utility poles and electric transmission towers in active use by a
   “utility” as defined in Section 224 of the Communications Act, 47 U.S.C.
   224, but not including light poles, lamp posts, and other structures whose
   primary purpose is to provide public lighting) where the deployment meets
   the following conditions:

   (1) All antennas that are part of the deployment fit within enclosures (or
   if  the  antennas  are  exposed, within imaginary enclosures) that are
   individually no more than three cubic feet in volume, and all antennas on
   the structure, including any pre-existing antennas on the structure, fit
   within  enclosures  (or  if the antennas are exposed, within imaginary
   enclosures) that total no more than six cubic feet in volume;

   (2) All other wireless equipment associated with the structure, including
   pre-existing enclosures and including equipment on the ground associated
   with antennas on the structure, are cumulatively no more than seventeen
   cubic feet in volume, exclusive of

   (i) Vertical cable runs for the connection of power and other services;

   (ii) Ancillary equipment installed by other entities that is outside of the
   applicant's ownership or control, and

   (iii) Comparable equipment from pre-existing wireless deployments on the
   structure;

   (3) The deployment will involve no new ground disturbance; and

   (4) The deployment would otherwise require the preparation of an EA under
   paragraph  (a)(4)(i)  of this section solely because of the age of the
   structure; or

   (B) The mounting of antennas (including associated equipment such as wiring,
   cabling,  cabinets,  or  backup-power) on buildings or other non-tower
   structures where the deployment meets the following conditions:

   (1) There is an existing antenna on the building or structure;

   (2) One of the following criteria is met:

   (i) Non-Visible Antennas. The new antenna is not visible from any adjacent
   streets or surrounding public spaces and is added in the same vicinity as a
   pre-existing antenna;

   (ii) Visible Replacement Antennas. The new antenna is visible from adjacent
   streets or surrounding public spaces, provided that

   (A) It is a replacement for a pre-existing antenna,

   (B) The new antenna will be located in the same vicinity as the pre-existing
   antenna,

   (C)  The  new  antenna  will be visible only from adjacent streets and
   surrounding  public  spaces that also afford views of the pre-existing
   antenna,

   (D)  The new antenna is not more than 3 feet larger in height or width
   (including all protuberances) than the pre-existing antenna, and

   (E) No new equipment cabinets are visible from the adjacent streets or
   surrounding public spaces; or

   (iii) Other Visible Antennas. The new antenna is visible from adjacent
   streets or surrounding public spaces, provided that

   (A) It is located in the same vicinity as a pre-existing antenna,

   (B)  The  new  antenna  will be visible only from adjacent streets and
   surrounding  public  spaces that also afford views of the pre-existing
   antenna,

   (C) The pre-existing antenna was not deployed pursuant to the exclusion in
   this subsection (§ 1.1307(a)(4)(ii)(B)(2)(iii)),

   (D) The new antenna is not more than three feet larger in height or width
   (including all protuberances) than the pre-existing antenna, and

   (E) No new equipment cabinets are visible from the adjacent streets or
   surrounding public spaces;

   (3)  The  new antenna complies with all zoning conditions and historic
   preservation conditions applicable to existing antennas in the same vicinity
   that directly mitigate or prevent effects, such as camouflage or concealment
   requirements;

   (4) The deployment of the new antenna involves no new ground disturbance;
   and

   (5) The deployment would otherwise require the preparation of an EA under
   paragraph (a)(4) of this section solely because of the age of the structure.

   Note to paragraph (a)(4)(ii): A non-visible new antenna is in the “same
   vicinity” as a pre-existing antenna if it will be collocated on the same
   rooftop, façade or other surface. A visible new antenna is in the “same
   vicinity” as a pre-existing antenna if it is on the same rooftop, façade, or
   other surface and the centerpoint of the new antenna is within ten feet of
   the centerpoint of the pre-existing antenna. A deployment causes no new
   ground disturbance when the depth and width of previous disturbance exceeds
   the proposed construction depth and width by at least two feet.

   (5) Facilities that may affect Indian religious sites.

   (6) Facilities to be located in a flood Plain (See Executive Order 11988.)

   (7) Facilities whose construction will involve significant change in surface
   features (e.g., wetland fill, deforestation or water diversion). (In the
   case of wetlands on Federal property, see Executive Order 11990.)

   (8) Antenna towers and/or supporting structures that are to be equipped with
   high  intensity  white  lights  which are to be located in residential
   neighborhoods, as defined by the applicable zoning law.

   (b) In addition to the actions listed in paragraph (a) of this section,
   Commission actions granting construction permits, licenses to transmit or
   renewals thereof, equipment authorizations or modifications in existing
   facilities, require the preparation of an Environmental Assessment (EA) if
   the particular facility, operation or transmitter would cause human exposure
   to levels of radiofrequency radiation in excess of the limits in § § 1.1310
   and 2.1093 of this chapter. Applications to the Commission for construction
   permits, licenses to transmit or renewals thereof, equipment authorizations
   or modifications in existing facilities must contain a statement confirming
   compliance with the limits unless the facility, operation, or transmitter is
   categorically excluded, as discussed below. Technical information showing
   the  basis for this statement must be submitted to the Commission upon
   request. Such compliance statements may be omitted from license applications
   for transceivers subject to the certification requirement in § 25.129 of this
   chapter.

   (1) The appropriate exposure limits in § § 1.1310 and 2.1093 of this chapter
   are generally applicable to all facilities, operations and transmitters
   regulated by the Commission. However, a determination of compliance with the
   exposure limits in § 1.1310 or § 2.1093 of this chapter (routine environmental
   evaluation),  and  preparation of an EA if the limits are exceeded, is
   necessary only for facilities, operations and transmitters that fall into
   the categories listed in table 1, or those specified in paragraph (b)(2) of
   this  section.  All  other facilities, operations and transmitters are
   categorically excluded from making such studies or preparing an EA, except
   as indicated in paragraphs (c) and (d) of this section. For purposes of
   table  1,  building-mounted antennas means antennas mounted in or on a
   building structure that is occupied as a workplace or residence. The term
   power  in  column  2 of table 1 refers to total operating power of the
   transmitting operation in question in terms of effective radiated power
   (ERP), equivalent isotropically radiated power (EIRP), or peak envelope
   power  (PEP),  as defined in § 2.1 of this chapter. For the case of the
   Cellular Radiotelephone Service, subpart H of part 22 of this chapter; the
   Personal Communications Service, part 24 of this chapter and the Specialized
   Mobile Radio Service, part 90 of this chapter, the phrase total power of all
   channels in column 2 of table 1 means the sum of the ERP or EIRP of all
   co-located simultaneously operating transmitters owned and operated by a
   single licensee. When applying the criteria of table 1, radiation in all
   directions should be considered. For the case of transmitting facilities
   using sectorized transmitting antennas, applicants and licensees should
   apply the criteria to all transmitting channels in a given sector, noting
   that  for  a  highly  directional  antenna  there is relatively little
   contribution to ERP or EIRP summation for other directions.

   Table  1—Transmitters,  Facilities  and  Operations Subject to Routine
   Environmental Evaluation
   Service (title 47 CFR rule part) Evaluation required if:
   Experimental Radio Services (part 5) Power >100 W ERP (164 W EIRP).
   Commercial Mobile Radio Services (part 20) Non-building-mounted antennas:
   height above ground level to lowest point of antenna < 10 m and power > 1000
   W ERP (1640 W EIRP). Building-mounted antennas: power > 1000 W ERP (1640 W
   EIRP).
       Consumer Signal Booster equipment grantees under the Commercial Mobile
   Radio Services provisions in part 20 are required to attach a label to Fixed
   Consumer Booster antennas that:
       (1) Provides adequate notice regarding potential radiofrequency safety
   hazards, e.g., information regarding the safe minimum separation distance
   required between users and transmitting antennas; and
       (2) references the applicable FCC-adopted limits for radiofrequency
   exposure specified in § 1.1310.
   Paging   and   Radiotelephone   Service   (subpart   E   of  part  22)
   Non-building-mounted antennas: height above ground level to lowest point of
   antenna <10 m and power >1000 W ERP (1640 W EIRP).
       Building-mounted antennas: power >1000 W ERP (1640 W EIRP).
   Cellular Radiotelephone Service (subpart H of part 22) Non-building-mounted
   antennas: height above ground level to lowest point of antenna <10 m and
   total power of all channels >1000 W ERP (1640 W EIRP).
       Building-mounted antennas: total power of all channels >1000 W ERP (1640
   W EIRP).
   Personal Communications Services (part 24) (1) Narrowband PCS (subpart D):
          Non-building-mounted antennas: height above ground level to lowest
   point of antenna <10 m and total power of all channels >1000 W ERP (1640 W
   EIRP).
          Building-mounted antennas: total power of all channels >1000 W ERP
   (1640 W EIRP).
       (2) Broadband PCS (subpart E):
          Non-building-mounted antennas: height above ground level to lowest
   point of antenna <10 m and total power of all channels >2000 W ERP (3280 W
   EIRP).
          Building-mounted antennas: total power of all channels >2000 W ERP
   (3280 W EIRP).
   Satellite Communications Services (part 25) All included.
       In addition, for NGSO subscriber equipment, licensees are required to
   attach a label to subscriber transceiver antennas that:
          (1) provides adequate notice regarding potential radiofrequency
   safety hazards, e.g., information regarding the safe minimum separation
   distance required between users and transceiver antennas; and
          (2) references the applicable FCC-adopted limits for radiofrequency
   exposure specified in § 1.1310 of this chapter.
   Miscellaneous Wireless Communications Services (part 27 except subpart M)
   (1) For the 1390-1392 MHz, 1392-1395 MHz, 1432-1435 MHz, 1670-1675 MHz, and
   2385-2390 MHz bands:
          Non-building-mounted antennas: height above ground level to lowest
   point of antenna <10 m and total power of all channels >2000 W ERP (3280 W
   EIRP).
          Building-mounted antennas: total power of all channels >2000 W ERP
   (3280 W EIRP).
       (2) For the 698-746 MHz, 746-764 MHz, 776-794 MHz, 2305-2320 MHz, and
   2345-2360 MHz bands:
          Total power of all channels >1000 W ERP (1640 W EIRP).
   Broadband Radio Service and Educational Broadband Service (subpart M of part
   27) Non-building-mounted antennas: height above ground level to lowest point
   of antenna <10 m and power >1640 W EIRP.
       Building-mounted antennas: power >1640 W EIRP.
       BRS and EBS licensees are required to attach a label to subscriber
   transceiver or transverter antennas that:
       (1) provides adequate notice regarding potential radiofrequency safety
   hazards, e.g., information regarding the safe minimum separation distance
   required between users and transceiver antennas; and
       (2) references the applicable FCC-adopted limits for radiofrequency
   exposure specified in § 1.1310.
   Radio Broadcast Services (part 73) All included.
   Auxiliary and Special Broadcast and Other Program Distributional Services
   (part 74) Subparts G and L: Power >100 W ERP.
   Stations in the Maritime Services (part 80) Ship earth stations only.
   Private Land Mobile Radio Services Paging Operations (subpart P of part 90)
   Non-building-mounted antennas: height above ground level to lowest point of
   antenna <10 m and power >1000 W ERP (1640 W EIRP).
       Building-mounted antennas: power >1000 W ERP (1640 W EIRP).
   Private Land Mobile Radio Services Specialized Mobile Radio (subpart S of
   part 90) Non-building-mounted antennas: height above ground level to lowest
   point of antenna <10 m and total power of all channels >1000 W ERP (1640 W
   EIRP).
       Building-mounted antennas: Total power of all channels >1000 W ERP (1640
   W EIRP).
   Amateur Radio Service (part 97) Transmitter output power >levels specified
   in § 97.13(c)(1) of this chapter.
   Local Multipoint Distribution Service (subpart L of part 101) and 24 GHz
   (subpart G of part 101) Non-building-mounted antennas: height above ground
   level to lowest point of antenna <10 m and power >1640 W EIRP.
       Building-mounted antennas: power >1640 W EIRP.
       LMDS and 24 GHz Service licensees are required to attach a label to
   subscriber transceiver antennas that:
          (1) provides adequate notice regarding potential radiofrequency
   safety hazards, e.g., information regarding the safe minimum separation
   distance required between users and transceiver antennas; and
          (2) references the applicable FCC-adopted limits for radiofrequency
   exposure specified in § 1.1310.
   70/80/90 GHz Bands (subpart Q of part 101) Non-building-mounted antennas:
   height above ground level to lowest point of antenna <10 m and power >1640 W
   EIRP.
       Building-mounted antennas: power >1640 W EIRP.
       Licensees are required to attach a label to transceiver antennas that:
          (1) provides adequate notice regarding potential radiofrequency
   safety hazards, e.g., information regarding the safe minimum separation
   distance required between users and transceiver antennas; and
          (2) references the applicable FCC-adopted limits for radiofrequency
   exposure specified in § 1.1310.

   (2)(i)  Mobile  and  portable transmitting devices that operate in the
   Commercial Mobile Radio Services pursuant to part 20 of this chapter; the
   Cellular Radiotelephone Service pursuant to part 22 of this chapter; the
   Personal Communications Services (PCS) pursuant to part 24 of this chapter;
   the Satellite Communications Services pursuant to part 25 of this chapter;
   the Miscellaneous Wireless Communications Services pursuant to part 27 of
   this chapter; the Maritime Services (ship earth stations only) pursuant to
   part 80 of this chapter; the Specialized Mobile Radio Service, the 4.9 GHz
   Band Service, or the 3650 MHz Wireless Broadband Service pursuant to part 90
   of this chapter; the Wireless Medical Telemetry Service (WMTS), or the
   Medical Device Radiocommunication Service (MedRadio) pursuant to part 95 of
   this chapter; or the Citizens Broadband Radio Service pursuant to part 96 of
   this chapter are subject to routine environmental evaluation for RF exposure
   prior to equipment authorization or use, as specified in § § 2.1091 and 2.1093
   of this chapter.

   (ii) Unlicensed PCS, unlicensed NII and millimeter wave devices are also
   subject  to  routine environmental evaluation for RF exposure prior to
   equipment authorization or use, as specified in § § 15.253(f), 15.255(g),
   15.257(g), 15.319(i), and 15.407(f) of this chapter.

   (iii)  Portable transmitting equipment for use in the Wireless Medical
   Telemetry Service (WMTS) is subject to routine environment evaluation as
   specified in § § 2.1093 and 95.1125 of this chapter.

   (iv) Equipment authorized for use in the Medical Device Radiocommunication
   Service (MedRadio) as a medical implant device or body-worn transmitter (as
   defined in Appendix 1 to subpart E of part 95 of this chapter) is subject to
   routine  environmental  evaluation  for RF exposure prior to equipment
   authorization, as specified in § § 2.1093 and 95.1221 of this chapter by
   finite difference time domain (FDTD) computational modeling or laboratory
   measurement techniques. Where a showing is based on computational modeling,
   the  Commission  retains  the  discretion  to  request that supporting
   documentation and/or specific absorption rate (SAR) measurement data be
   submitted.

   (v) All other mobile, portable, and unlicensed transmitting devices are
   categorically excluded from routine environmental evaluation for RF exposure
   under § § 2.1091, 2.1093 of this chapter except as specified in paragraphs (c)
   and (d) of this section.

   (3) In general, when the guidelines specified in § 1.1310 are exceeded in an
   accessible area due to the emissions from multiple fixed transmitters,
   actions  necessary  to  bring  the area into compliance are the shared
   responsibility of all licensees whose transmitters produce, at the area in
   question, power density levels that exceed 5% of the power density exposure
   limit applicable to their particular transmitter or field strength levels
   that, when squared, exceed 5% of the square of the electric or magnetic
   field strength limit applicable to their particular transmitter. Owners of
   transmitter sites are expected to allow applicants and licensees to take
   reasonable steps to comply with the requirements contained in § 1.1307(b)
   and, where feasible, should encourage co-location of transmitters and common
   solutions for controlling access to areas where the RF exposure limits
   contained in § 1.1310 might be exceeded.

   (i)  Applicants  for  proposed  (not otherwise excluded) transmitters,
   facilities or modifications that would cause non-compliance with the limits
   specified in § 1.1310 at an accessible area previously in compliance must
   submit an EA if emissions from the applicant's transmitter or facility would
   result, at the area in question, in a power density that exceeds 5% of the
   power density exposure limit applicable to that transmitter or facility or
   in a field strength that, when squared, exceeds 5% of the square of the
   electric or magnetic field strength limit applicable to that transmitter or
   facility.

   (ii) Renewal applicants whose (not otherwise excluded) transmitters or
   facilities  contribute  to  the  field strength or power density at an
   accessible area not in compliance with the limits specified in § 1.1310 must
   submit an EA if emissions from the applicant's transmitter or facility
   results, at the area in question, in a power density that exceeds 5% of the
   power density exposure limit applicable to that transmitter or facility or
   in a field strength that, when squared, exceeds 5% of the square of the
   electric or magnetic field strength limit applicable to that transmitter of
   facility.

   (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) If the Bureau responsible for processing a particular action, otherwise
   categorically excluded, determines that the proposal may have a significant
   environmental impact, the Bureau, on its own motion, shall require the
   applicant to submit an EA. The Bureau will review and consider the EA as in
   paragraph (c) of this section.

   Note to paragraph (d): Pending a final determination as to what, if any,
   permanent measures should be adopted specifically for the protection of
   migratory birds, the Bureau shall require an Environmental Assessment for an
   otherwise categorically excluded action involving a new or existing antenna
   structure, for which an antenna structure registration application (FCC Form
   854) is required under part 17 of this chapter, if the proposed antenna
   structure will be over 450 feet in height above ground level (AGL) and
   involves either:

   1. Construction of a new antenna structure;

   2. Modification or replacement of an existing antenna structure involving a
   substantial increase in size as defined in paragraph I(C)(1)(3) of Appendix
   B to part 1 of this chapter; or

   3. Addition of lighting or adoption of a less preferred lighting style as
   defined in § 17.4(c)(1)(iii) of this chapter. The Bureau shall consider
   whether to require an EA for other antenna structures subject to § 17.4(c) of
   this  chapter  in  accordance  with  § 17.4(c)(8)  of  this chapter. An
   Environmental Assessment required pursuant to this note will be subject to
   the same procedures that apply to any Environmental Assessment required for
   a proposed tower or modification of an existing tower for which an antenna
   structure registration application (FCC Form 854) is required, as set forth
   in § 17.4(c) of this chapter.

   (e) No State or local government or instrumentality thereof may regulate the
   placement, construction, and modification of personal wireless service
   facilities on the basis of the environmental effects of radio frequency
   emissions to the extent that such facilities comply with the regulations
   contained in this chapter concerning the environmental effects of such
   emissions. For purposes of this paragraph:

   (1) The term personal wireless service means commercial mobile services,
   unlicensed wireless services, and common carrier wireless exchange access
   services;

   (2) The term personal wireless service facilities means facilities for the
   provision of personal wireless services;

   (3)  The  term  unlicensed  wireless  services  means  the offering of
   telecommunications services using duly authorized devices which do not
   require  individual  licenses,  but  does  not  mean  the provision of
   direct-to-home satellite services; and

   (4) The term direct-to-home satellite services means the distribution or
   broadcasting  of  programming or services by satellite directly to the
   subscriber's premises without the use of ground receiving or distribution
   equipment, except at the subscriber's premises or in the uplink process to
   the satellite.

   [ 51 FR 15000 , Apr. 22, 1986]

   Editorial Note: For Federal Register citations affecting § 1.1307, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

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