Wireless Telecommunications Bureau's EA Review Process

If, 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:

1. Initial Review: When an EA is received by the Bureau (attached to either a Form 601 or a Form 854), the appropriate licensing office initially reviews the complete filing to determine whether the proposed antenna facility complies with any FAA height, location, lighting and marking requirements, AM station interference coordination or other engineering requirements, or any other non-environmental concerns.

2. Acceptance Public Notice: The licensing office then places the filing on the Commission's Public Notice (PN) for thirty days, indicating that the application was accepted for filing as a "major environmental action." The PN indicates the licensee's name, call sign, the market, FCC file number, the date on which the application was received, and the specific section of the 1.1307 category invoking the need for an EA.

3. Review: The EA is then reviewed by the Bureau's Enforcement Division, along with any comments, petitions or opposition filed against the EA during the 30-day PN period.

4. Finding of No Significant Impact: If, after consulting with all relevant expert federal and state agencies, the Enforcement Division determines that the proposed project will not have a significant impact upon the environment, the Enforcement Division issues its finding of no significant impact (FONSI). The licensing office then notifies the licensee that the application has been granted and issues another PN announcing the grant of the application.

5. Finding Of Impact: If, after consulting with all appropriate agencies, the Enforcement Division determines that the proposed project will have significant impact upon the environment, it informs the licensee of this finding. Pursuant to section 1.1308(c) of the Commission Rules, the licensee is afforded an opportunity to amend its proposal to reduce, minimize, or eliminate environmental problems. If the licensee's amended application resolves the negative environmental impact, the Enforcement Division issues a FONSI and the application is granted. If the amended application does not eliminate the environmental problem, the Enforcement Division will either recommend the denial of the application or will work with the applicant to proceed with the project upon preparation of an environmental impact statement (EIS). Should the Bureau decide to proceed with the action, sections 1.1314, 1.1315 and 1.1317 require a notice of intent that EISs will be prepared, then a draft and final EISs be prepared and announced in the Federal Register.

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Last reviewed/updated on 5/21/2009.