Goto Section: 1.1305 | 1.1307 | Table of Contents

FCC 1.1306
Revised as of February 18, 2020
Goto Year:2019 | 2021
  § 1.1306   Actions which are categorically excluded from environmental
processing.

   (a) Except as provided in § 1.1307 (c) and (d), Commission actions not
   covered by § 1.1307 (a) and (b) are deemed individually and cumulatively
   to have no significant effect on the quality of the human environment
   and are categorically excluded from environmental processing.

   (b) Specifically, any Commission action with respect to any new
   application, or minor or major modifications of existing or authorized
   facilities or equipment, will be categorically excluded, provided such
   proposals do not:

   (1) Involve a site location specified under § 1.1307(a) (1)-(7), or

   (2) Involve high intensity lighting under § 1.1307(a)(8).

   (3) Result in human exposure to radiofrequency radiation in excess of
   the applicable safety standards specified in § 1.1307(b).

   (c)(1) Unless § 1.1307(a)(4) is applicable, the provisions of § 1.1307(a)
   requiring the preparation of EAs do not encompass the construction of
   wireless facilities, including deployments on new or replacement poles,
   if:

   (i) The facilities will be located in a right-of-way that is designated
   by a Federal, State, local, or Tribal government for communications
   towers, above-ground utility transmission or distribution lines, or any
   associated structures and equipment;

   (ii) The right-of-way is in active use for such designated purposes;
   and

   (iii) The facilities would not

   (A) Increase the height of the tower or non-tower structure by more
   than 10% or twenty feet, whichever is greater, over existing support
   structures that are located in the right-of-way within the vicinity of
   the proposed construction;

   (B) Involve the installation of more than four new equipment cabinets
   or more than one new equipment shelter;

   (C) Add an appurtenance to the body of the structure that would
   protrude from the edge of the structure more than twenty feet, or more
   than the width of the structure at the level of the appurtenance,
   whichever is greater (except that the deployment may exceed this size
   limit if necessary to shelter the antenna from inclement weather or to
   connect the antenna to the tower via cable); or

   (D) Involve excavation outside the current site, defined as the area
   that is within the boundaries of the leased or owned property
   surrounding the deployment or that is in proximity to the structure and
   within the boundaries of the utility easement on which the facility is
   to be deployed, whichever is more restrictive.

   (2) Such wireless facilities are subject to § 1.1307(b) and require EAs
   if their construction would result in human exposure to radiofrequency
   radiation in excess of the applicable health and safety guidelines
   cited in § 1.1307(b).

   Note 1: The provisions of § 1.1307(a) requiring the preparation of EAs
   do not encompass the mounting of antenna(s) and associated equipment
   (such as wiring, cabling, cabinets, or backup-power), on or in an
   existing building, or on an antenna tower or other man-made structure,
   unless § 1.1307(a)(4) is applicable. Such antennas are subject to
   § 1.1307(b) of this part and require EAs if their construction would
   result in human exposure to radiofrequency radiation in excess of the
   applicable health and safety guidelines cited in § 1.1307(b) of this
   part. The provisions of § 1.1307 (a) and (b) of this part do not
   encompass the installation of aerial wire or cable over existing aerial
   corridors of prior or permitted use or the underground installation of
   wire or cable along existing underground corridors of prior or
   permitted use, established by the applicant or others. The use of
   existing buildings, towers or corridors is an environmentally desirable
   alternative to the construction of new facilities and is encouraged.
   The provisions of § 1.1307(a) and (b) of this part do not encompass the
   construction of new submarine cable systems.

   Note 2: The specific height of an antenna tower or supporting
   structure, as well as the specific diameter of a satellite earth
   station, in and of itself, will not be deemed sufficient to warrant
   environmental processing, see § 1.1307 and § 1.1308, except as required
   by the Bureau pursuant to the Note to § 1.1307(d).

   Note 3: The construction of an antenna tower or supporting structure in
   an established “antenna farm”: (i.e., an area in which similar antenna
   towers are clustered, whether or not such area has been officially
   designated as an antenna farm), will be categorically excluded unless
   one or more of the antennas to be mounted on the tower or structure are
   subject to the provisions of § 1.1307(b) and the additional
   radiofrequency radiation from the antenna(s) on the new tower or
   structure would cause human exposure in excess of the applicable health
   and safety guidelines cited in § 1.1307(b).

   [ 51 FR 15000 , Apr. 22, 1986, as amended at  51 FR 18889 , May 23, 1986;
    53 FR 28393 , July 28, 1988;  56 FR 13414 , Apr. 2, 1991;  64 FR 19061 ,
   Apr. 19, 1999;  77 FR 3952 , Jan. 26, 2012;  80 FR 1268 , Jan. 8, 2015]

   return arrow Back to Top


Goto Section: 1.1305 | 1.1307

Goto Year: 2019 | 2021
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public