Goto Section: 1.1305 | 1.1307 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1306 Actions which are categorically excluded from environmental
(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,
(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;
(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]
Goto Section: 1.1305 | 1.1307
Goto Year: 2020 |
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