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Wireless Telecommunications Bureau | |
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Compliance with Commission's Rules Implementing the National Environmental Policy Act of 1969This document is prepared by the Wireless Telecommunications Bureau's Commercial Wireless Division to assist wireless service carriers understand the Commission's Rules implementing the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. This document is intended to serve as an informal guide only, and is NOT INTENDED to revise or replace the rules contained in Subpart I, Part 1 of the Commission's Rules, 47 C.F.R. §§ 1.1301 to 1.1319. Attached are answers to some frequently asked questions received by the Commercial Wireless Division. These answers are general in nature, and do not necessarily represent the opinions of the Commission or any individual Commissioner. Furthermore, the Bureau's positions reflected in these general responses may not apply to your individual factual circumstance. Please contact the Bureau's Commercial Wireless Division at (202) 418-0620 for more questions on these compliance issues. National Environmental Policy Act (NEPA)NEPA is the basic national charter for protection of the environment. It requires all Federal agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. Specifically, NEPA and the regulatory guidelines established by the Council on Environmental Quality which implemented the Act, 40 C.F.R. §§ 1500 et seq., require all Federal agencies to take into account environmental consequences when making decisions which could be considered "major federal actions." As a licensing agency, the Commission complies with NEPA by requiring our licensees to review their proposed actions for environmental consequences. Our rules implementing NEPA are found at Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. Section 1.1305 of these rules state that the Commission "has found no common pattern which would enable it to specify" any particular Commission action as a "major action" under NEPA. Thus, section 1.1306 of the Rules "categorically excluded from environmental processing" all Commission actions except for those specifically identified in section 1.1307. If a licensee's proposed action falls within one of the categories of 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the Commission for our review. Section 1.1307 is divided into four parts:
Wireless Telecommunications Bureau's EA Review ProcessIf, after consulting the NEPA rules, a wireless service provider determines that its proposed service facility project does not fall under any of the listed categories in section 1.1307, section 1.1306 states that the licensee may proceed with the project without providing any documentation to the Bureau. Both FCC Form 601 (Application for Radio Service Authorization) and FCC Form 854 (Application for Antenna Structure Registration) contain question 38, which asks whether the licensee's proposed action may have a significant environmental effect requiring an EA. If the licensee indicates "NO" to this question, no environmental documentation is required to be filed with the Commission. However, the licensee should maintain all pertinent records and be ready to provide documentation supporting its determination that an EA was not required for the site, in the event that such information is requested by the Bureau pursuant to section 1.1307(d). If, after consulting the NEPA rules, a licensee determines that its proposed construction does fall under one of the listed categories in section 1.1307(a) or (b), the licensee is required to notify that fact to the Bureau. The licensee must answer "YES" to question 38 on either FCC Forms 601 or 854, and attach an EA to the form filing. Once this question is answered "YES," the filing is treated as a "major environmental action." Questions on how to file an FCC Form 601 should be addressed to Keith Harper, (202) 418-2759. Questions on how to file an FCC Form 854 should be addressed to Irene Griffith, (202) 418-1315, of the Spectrum and Competition Policy Division. The Bureau's review of a major environmental action consists of the following stages:
Last reviewed/updated on 5/21/2009. |
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