§  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) 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 54 U.S.C. 300308; 36
   CFR parts 60 and 800), and that are subject to review pursuant to
   section 1.1320 and have been determined through that review process to
   have adverse effects on identified historic properties.

   (5) Facilities that may affect Indian religious sites.

   (6) Facilities to be located in floodplains, if the facilities will not
   be placed at least one foot above the base flood elevation of the
   floodplain.

   (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)(1) Requirements. (i) With respect to the limits on human exposure
   to RF provided in § 1.1310 of this chapter, applicants to the Commission
   for the grant or modification of construction permits, licenses or
   renewals thereof, temporary authorities, equipment authorizations, or
   any other authorizations for radiofrequency sources must either:

   (A) Determine that they qualify for an exemption pursuant to
   § 1.1307(b)(3);

   (B) Prepare an evaluation of the human exposure to RF radiation
   pursuant to § 1.1310 and include in the application a statement
   confirming compliance with the limits in § 1.1310; or

   (C) Prepare an Environmental Assessment if those RF sources would cause
   human exposure to levels of RF radiation in excess of the limits in
   § 1.1310.

   (ii) Compliance with these limits for fixed RF source(s) may be
   accomplished by use of mitigation actions, as provided in
   § 1.1307(b)(4). Upon request by the Commission, the party seeking or
   holding such authorization must electronically submit technical
   information showing the basis for such compliance, either by exemption
   or evaluation. Notwithstanding the preceding requirements, in the event
   that RF sources cause human exposure to levels of RF radiation in
   excess of the limits in § 1.1310 of this chapter, such RF exposure
   exemptions and evaluations are not deemed sufficient to show that there
   is no significant effect on the quality of the human environment or
   that the RF sources are categorically excluded from environmental
   processing.

   (2) Definitions. For the purposes of this section, the following
   definitions shall apply.

   Available maximum time-averaged power for an RF source is the maximum
   available RF power (into a matched load) as averaged over a
   time-averaging period;

   Category One is any spatial region that is compliant with the general
   population exposure limit with continuous exposure or source-based
   time-averaged exposure;

   Category Two is any spatial region where the general population
   exposure limit is exceeded but that is compliant with the occupational
   exposure limit with continuous exposure;

   Category Three is any spatial region where the occupational exposure
   limit is exceeded but by no more than ten times the limit;

   Category Four is any spatial region where the exposure is more than ten
   times the occupational exposure limit or where there is a possibility
   for serious injury on contact.

   Continuous exposure refers to the maximum time-averaged exposure at a
   given location for an RF source and assumes that exposure may take
   place indefinitely. The exposure limits in § 1.1310 of this chapter are
   used to establish the spatial regions where mitigation measures are
   necessary assuming continuous exposure as prescribed in § 1.1307(b)(4)
   of this chapter.

   Effective Radiated Power (ERP) is the product of the maximum antenna
   gain which is the largest far-field power gain relative to a dipole in
   any direction for each transverse polarization component, and the
   maximum delivered time-averaged power which is the largest net power
   delivered or supplied to an antenna as averaged over a time-averaging
   period; ERP is summed over two polarizations when present;

   Exemption for (an) RF source(s) is solely from the obligation to
   perform a routine environmental evaluation to demonstrate compliance
   with the RF exposure limits in § 1.1310 of this chapter; it is not
   exemption from the equipment authorization procedures described in part
   2 of this chapter, not exemption from general obligations of compliance
   with the RF exposure limits in § 1.1310 of this chapter, and not
   exemption from determination of whether there is no significant effect
   on the quality of the human environment under § 1.1306 of this chapter.

   Fixed RF source is one that is physically secured at one location, even
   temporarily, and is not able to be easily moved to another location
   while radiating;

   Mobile device is as defined in § 2.1091(b) of this chapter;

   Plane-wave equivalent power density is the square of the
   root-mean-square (rms) electric field strength divided by the impedance
   of free space (377 ohms).

   Portable device is as defined in § 2.1093(b) of this chapter;

   Positive access control is mitigation by proactive preclusion of
   unauthorized access to the region surrounding an RF source where the
   continuous exposure limit for the general population is exceeded.
   Examples of such controls include locked doors, ladder cages, or
   effective fences, as well as enforced prohibition of public access to
   external surfaces of buildings. However, it does not include natural
   barriers or other access restrictions that did not require any action
   on the part of the licensee or property management.

   Radiating structure is an unshielded RF current-carrying conductor that
   generates an RF reactive near electric or magnetic field and/or
   radiates an RF electromagnetic wave. It is the component of an RF
   source that transmits, generates, or reradiates an RF fields, such as
   an antenna, aperture, coil, or plate.

   RF source is Commission-regulated equipment that transmits or generates
   RF fields or waves, whether intentionally or unintentionally, via one
   or more radiating structure(s). Multiple RF sources may exist in a
   single device.

   Separation distance (variable R in Table 1) is the minimum distance in
   any direction from any part of a radiating structure and any part of
   the body of a nearby person;

   Source-based time averaging is an average of instantaneous exposure
   over a time-averaging period that is based on an inherent property or
   duty-cycle of a device to ensure compliance with the continuous
   exposure limits;

   Time-averaging period is a time period not to exceed 30 minutes for
   fixed RF sources or a time period inherent from device transmission
   characteristics not to exceed 30 minutes for mobile and portable RF
   sources;

   Transient individual is an untrained person in a location where
   occupational/controlled limits apply, and he or she must be made aware
   of the potential for exposure and be supervised by trained personnel
   pursuant to § 1.1307(b)(4) of this chapter where use of time averaging
   is required to ensure compliance with the general population exposure
   limits in § 1.1310 of this chapter.

   (3) Determination of exemption. (i) For single RF sources (i.e., any
   single fixed RF source, mobile device, or portable device, as defined
   in paragraph (b)(2) of this section): A single RF source is exempt if:

   (A) The available maximum time-averaged power is no more than 1 mW,
   regardless of separation distance. This exemption may not be used in
   conjunction with other exemption criteria other than those in paragraph
   (b)(3)(ii)(A) of this section. Medical implant devices may only use
   this exemption and that in paragraph (b)(3)(ii)(A);

   (B) Or the available maximum time-averaged power or effective radiated
   power (ERP), whichever is greater, is less than or equal to the
   threshold Pth (mW) described in the following formula. This method
   shall only be used at separation distances (cm) from 0.5 centimeters to
   40 centimeters and at frequencies from 0.3 GHz to 6 GHz (inclusive).
   Pth is given by:
   eCFR graphic er01ap20.004.gif

   View or download PDF

   (C) Or using Table 1 and the minimum separation distance (R in meters)
   from the body of a nearby person for the frequency (f in MHz) at which
   the source operates, the ERP (watts) is no more than the calculated
   value prescribed for that frequency. For the exemption in Table 1 to
   apply, R must be at least λ/2π, where λ is the free-space operating
   wavelength in meters. If the ERP of a single RF source is not easily
   obtained, then the available maximum time-averaged power may be used in
   lieu of ERP if the physical dimensions of the radiating structure(s) do
   not exceed the electrical length of λ/4 or if the antenna gain is less
   than that of a half-wave dipole (1.64 linear value).

   Table 1 to § 1.1307(b)(3)(i)(C)—Single RF Sources Subject to Routine
   Environmental Evaluation
   RF Source
   frequency
   (MHz) Threshold ERP
   (watts)
         0.3-1.34      1,920 R^2.
         1.34-30       3,450 R^2/f^2.
         30-300        3.83 R^2.
         300-1,500     0.0128 R^2f.
         1,500-100,000 19.2R^2.

   (ii) For multiple RF sources: Multiple RF sources are exempt if:

   (A) The available maximum time-averaged power of each source is no more
   than 1 mW and there is a separation distance of two centimeters between
   any portion of a radiating structure operating and the nearest portion
   of any other radiating structure in the same device, except if the sum
   of multiple sources is less than 1 mW during the time-averaging period,
   in which case they may be treated as a single source (separation is not
   required). This exemption may not be used in conjunction with other
   exemption criteria other than those is paragraph (b)(3)(i)(A) of this
   section. Medical implant devices may only use this exemption and that
   in paragraph (b)(3)(i)(A).

   (B) in the case of fixed RF sources operating in the same
   time-averaging period, or of multiple mobile or portable RF sources
   within a device operating in the same time averaging period, if the sum
   of the fractional contributions to the applicable thresholds is less
   than or equal to 1 as indicated in the following equation.
   eCFR graphic er01ap20.005.gif

   View or download PDF

   Where:

   a = number of fixed, mobile, or portable RF sources claiming exemption
   using paragraph (b)(3)(i)(B) of this section for Pth, including
   existing exempt transmitters and those being added.

   b = number of fixed, mobile, or portable RF sources claiming exemption
   using paragraph (b)(3)(i)(C) of this section for Threshold ERP,
   including existing exempt transmitters and those being added.

   c = number of existing fixed, mobile, or portable RF sources with known
   evaluation for the specified minimum distance including existing
   evaluated transmitters.

   Pi = the available maximum time-averaged power or the ERP, whichever is
   greater, for fixed, mobile, or portable RF source i at a distance
   between 0.5 cm and 40 cm (inclusive).

   Pth,i = the exemption threshold power (Pth) according to paragraph
   (b)(3)(i)(B) of this section for fixed, mobile, or portable RF source
   i.

   ERPj = the ERP of fixed, mobile, or portable RF source j.

   ERPth,j = exemption threshold ERP for fixed, mobile, or portable RF
   source j, at a distance of at least λ/2π according to the applicable
   formula of paragraph (b)(3)(i)(C) of this section.

   Evaluatedk = the maximum reported SAR or MPE of fixed, mobile, or
   portable RF source k either in the device or at the transmitter site
   from an existing evaluation at the location of exposure.

   Exposure Limitk = either the general population/uncontrolled maximum
   permissible exposure (MPE) or specific absorption rate (SAR) limit for
   each fixed, mobile, or portable RF source k, as applicable from § 1.1310
   of this chapter.

   (4) Mitigation. (i) As provided in paragraphs (b)(4)(ii) through (vi)
   of this section, specific mitigation actions are required for fixed RF
   sources to the extent necessary to ensure compliance with our exposure
   limits, including the implementation of an RF safety plan, restriction
   of access to those RF sources, and disclosure of spatial regions where
   exposure limits are exceeded.

   (ii) Category One—INFORMATION: No mitigation actions are required when
   the RF source does not cause continuous or source-based time-averaged
   exposure in excess of the general population limit in s§ 1.1310 of this
   part. Optionally a green “INFORMATION” sign may offer information to
   those persons who might be approaching RF sources. This optional sign,
   when used, must include at least the following information: Appropriate
   signal word “INFORMATION” and associated color (green), an explanation
   of the safety precautions to be observed when closer to the antenna
   than the information sign, a reminder to obey all postings and
   boundaries (if higher categories are nearby), up-to-date licensee (or
   operator) contact information (if higher categories are nearby), and a
   place to get additional information (such as a website, if no higher
   categories are nearby).

   (iii) Category Two—NOTICE: Mitigation actions are required in the form
   of signs and positive access control surrounding the boundary where the
   continuous exposure limit is exceeded for the general population, with
   the appropriate signal word “NOTICE” and associated color (blue) on the
   signs. Signs must contain the components discussed in paragraph
   (b)(4)(vi) of this section. Under certain controlled conditions, such
   as on a rooftop with limited access, a sign attached directly to the
   surface of an antenna will be considered sufficient if the sign
   specifies a minimum approach distance and is readable at this
   separation distance and at locations required for compliance with the
   general population exposure limit in § 1.1310 of this part. Appropriate
   training is required for any occupational personnel with access to
   controlled areas within restrictive barriers where the general
   population exposure limit is exceeded, and transient individuals must
   be supervised by trained occupational personnel upon entering any of
   these areas. Use of time averaging is required for transient
   individuals to ensure compliance with the general population exposure
   limit.

   (iv) Category Three—CAUTION: Signs (with the appropriate signal word
   “CAUTION” and associated color (yellow) on the signs), controls, or
   indicators (e.g., chains, railings, contrasting paint, diagrams) are
   required (in addition to the positive access control established for
   Category Two) surrounding the area in which the exposure limit for
   occupational personnel in a controlled environment is exceeded by no
   more than a factor of ten. Signs must contain the components discussed
   in paragraph (b)(4)(vi) of this section. If the boundaries between
   Category Two and Three are such that placement of both Category Two and
   Three signs would be in the same location, then the Category Two sign
   is optional. Under certain controlled conditions, such as on a rooftop
   with limited access, a sign may be attached directly to the surface of
   an antenna within a controlled environment if it specifies the minimum
   approach distance and is readable at this distance and at locations
   required for compliance with the occupational exposure limit in § 1.1310
   of this part. If signs are not used at the occupational exposure limit
   boundary, controls or indicators (e.g., chains, railings, contrasting
   paint, diagrams, etc.) must designate the boundary where the
   occupational exposure limit is exceeded. Additionally, appropriate
   training is required for any occupational personnel with access to the
   controlled area where the general population exposure limit is
   exceeded, and transient individuals must be supervised by trained
   personnel upon entering any of these areas. Use of time averaging is
   required for transient individuals to ensure compliance with the
   general population exposure limit. Further mitigation by reducing
   exposure time in accord with six-minute time averaging is required for
   occupational personnel in the area in which the occupational exposure
   limit is exceeded. However, proper use of RF personal protective
   equipment may be considered sufficient in lieu of time averaging for
   occupational personnel in the areas in which the occupational exposure
   limit is exceeded. If such procedures or power reduction, and therefore
   Category reduction, are not feasible, then lockout/tagout procedures in
   29 CFR 1910.147 must be followed.

   (v) Category Four—WARNING/DANGER: Where the occupational limit could be
   exceeded by a factor of more than ten, “WARNING” signs with the
   associated color (orange), controls, or indicators (e.g., chains,
   railings, contrasting paint, diagrams) are required (in addition to the
   positive access control established for Category Two) surrounding the
   area in which the occupational exposure limit in a controlled
   environment is exceeded by more than a factor of ten Signs must contain
   the components discussed in paragraph (b)(4)(vi) of this section.
   “DANGER” signs with the associated color (red) are required where
   immediate and serious injury will occur on contact, in addition to
   positive access control, regardless of mitigation actions taken in
   Categories Two or Three. If the boundaries between Category Three and
   Four are such that placement of both Category Three and Four signs
   would be in the same location, then the Category Three sign is
   optional. No access is permitted without Category reduction. If power
   reduction, and therefore Category reduction, is not feasible, then
   lockout/tagout procedures in 29 CFR 1910.147 must be followed.

   (vi) RF exposure advisory signs must be viewable and readable from the
   boundary where the applicable exposure limits are exceeded, pursuant to
   29 CFR 1910.145, and include at least the following five components:

   (A) Appropriate signal word, associated color {i.e., {DANGER” (red),
   “WARNING” (orange), “CAUTION,” (yellow) “NOTICE” (blue)};

   (B) RF energy advisory symbol;

   (C) An explanation of the RF source;

   (D) Behavior necessary to comply with the exposure limits; and

   (E) Up-to-date contact information.

   (5) Responsibility for compliance. (i) In general, when the exposure
   limits specified in § 1.1310 of this part are exceeded in an accessible
   area due to the emissions from multiple fixed RF sources, actions
   necessary to bring the area into compliance or preparation of an
   Environmental Assessment (EA) as specified in § 1.1311 of this part are
   the shared responsibility of all licensees whose RF sources produce, at
   the area in question, levels that exceed 5% of the applicable exposure
   limit proportional to power. However, a licensee demonstrating that its
   facility was not the most recently modified or newly-constructed
   facility at the site establishes a rebuttable presumption that such
   licensee should not be liable in an enforcement proceeding relating to
   the period of non-compliance. Field strengths must be squared to be
   proportional to SAR or power density. Specifically, these compliance
   requirements apply if the square of the electric or magnetic field
   strength exposure level applicable to a particular RF source exceeds 5%
   of the square of the electric or magnetic field strength limit at the
   area in question where the levels due to multiple fixed RF sources
   exceed the exposure limit. Site owners and managers are expected to
   allow applicants and licensees to take reasonable steps to comply with
   the requirements contained in paragraph (b)(1) of this section and,
   where feasible, should encourage co-location of RF sources and common
   solutions for controlling access to areas where the RF exposure limits
   contained in § 1.1310 of this part might be exceeded. Applicants and
   licensees are required to share technical information necessary to
   ensure joint compliance with the exposure limits, including informing
   other licensees at a site in question of evaluations indicating
   possible non-compliance with the exposure limits.

   (ii) Applicants for proposed RF sources 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 RF
   source would produce, at the area in question, levels that exceed 5% of
   the applicable exposure limit. Field strengths must be squared if
   necessary to be proportional to SAR or power density.

   (iii) Renewal applicants whose RF sources 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 RF
   source would produce, at the area in question, levels that exceed 5% of
   the applicable exposure limit. Field strengths must be squared if
   necessary to be proportional to SAR or power density.

   (c) If an interested person alleges that a particular action, otherwise
   categorically excluded, will have a significant environmental effect,
   the person shall electronically 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. If an interested person
   is unable to submit electronically or if filing electronically would be
   unreasonably burdensome, such person may submit the petition by mail,
   with a request for waiver under § 1.1304(b). (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 electronically 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.govinfo.gov.