§ 1.1312   Facilities for which no preconstruction authorization is required.

   (a) In the case of facilities for which no Commission authorization
   prior to construction is required by the Commission's rules and
   regulations the licensee or applicant shall initially ascertain whether
   the proposed facility may have a significant environmental impact as
   defined in § 1.1307 of this part or is categorically excluded from
   environmental processing under § 1.1306 of this part.

   (b) If a facility covered by paragraph (a) of this section may have a
   significant environmental impact, the information required by § 1.1311
   of this part shall be submitted by the licensee or applicant and ruled
   on by the Commission, and environmental processing (if invoked) shall
   be completed, see § 1.1308 of this part, prior to the initiation of
   construction of the facility.

   (c) If a facility covered by paragraph (a) of this section is
   categorically excluded from environmental processing, the licensee or
   applicant may proceed with construction and operation of the facility
   in accordance with the applicable licensing rules and procedures.

   (d) If, following the initiation of construction under this section,
   the licensee or applicant discovers that the proposed facility may have
   a significant environmental effect, it shall immediately cease
   construction which may have that effect, and submit the information
   required by § 1.1311 of this part. The Commission shall rule on that
   submission and complete further environmental processing (if invoked),
   see § 1.1308 of this part, before such construction is resumed.

   (e) Paragraphs (a) through (d) of this section shall not apply:

   (1) To the construction of mobile stations; or

   (2) Where the deployment of facilities meets the following conditions:

   (i) The facilities are mounted on structures 50 feet or less in height
   including their antennas as defined in § 1.1320(d), or the facilities
   are mounted on structures no more than 10 percent taller than other
   adjacent structures, or the facilities do not extend existing
   structures on which they are located to a height of more than 50 feet
   or by more than 10 percent, whichever is greater;

   (ii) Each antenna associated with the deployment, excluding the
   associated equipment (as defined in the definition of antenna in
   § 1.1320(d)), is no more than three cubic feet in volume;

   (iii) All other wireless equipment associated with the structure,
   including the wireless equipment associated with the antenna and any
   pre-existing associated equipment on the structure, is no more than 28
   cubic feet in volume; and

   (iv) The facilities do not require antenna structure registration under
   part 17 of this chapter; and

   (v) The facilities are not located on tribal lands, as defined under 36
   CFR 800.16(x); and

   (vi) The facilities do not result in human exposure to radiofrequency
   radiation in excess of the applicable safety standards specified in
   § 1.1307(b).

   [ 55 FR 20396 , May 16, 1990, as amended at  56 FR 13414 , Apr. 2, 1991;  83 FR 19458 , May 3, 2018]

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