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Environmental Compliance for Tower Siting
National Environmental Policy Act |
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The National Environmental Policy Act (NEPA) requires all Federal agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. As a licensing agency, the Commission complies with NEPA by requiring Commission licensees and applicants to review their proposed actions for environmental consequences. FCC 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. If a licensee's proposed action falls within one of the categories listed in section 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 review. The Commission solicits public comment on the EAs and assists its licensees in working with the appropriate local, state, and federal agencies to reach agreement on the mitigation of potential adverse effects. The filing of an EA is required when a proposed facility may have a significant impact on historic properties.
Compliance Information
U.S. Fish & Wildlife Service Issues |
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Section 1.1307(a)(3) of the Commissions rules, 47 C.F.R. §1.1307(a)(3),
requires applicants, licensees, and tower owners (Applicants) to consider
the impact of proposed facilities under the Endangered Species Act (ESA),
16 U.S.C. s. 1531 et seq. Applicants must determine whether any proposed
facilities may affect listed, threatened or endangered species or designated
critical habitats, or are likely to jeopardize the continued existence
of any proposed threatened or endangered species or designated critical
habitats. Applicants are also required to notify the FCC and file an environmental
assessment if any of these conditions exist. The U.S.
Fish and Wildlife Service (FWS) provides information that Applicants
may find useful regarding compliance with the ESA.
In addition, FWS has formulated and published voluntary guidelines for
the siting of towers intended to address potential effects on migratory
birds. These guidelines and an accompanying tower site evaluation form
are posted at U.S.
Fish and Wildlife Service, Bird Issues. According to FWS, the guidelines
reflect FWS judgment of the most prudent and effective measures
for avoiding bird strikes at towers.
Non-Federal Representative Status |
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On July 9th, 2003, the Commission sent a designation letter to the Director,
U.S. Fish and Wildlife Service (FWS), allowing Commission licensees, applicants,
tower companies and their representatives to act as non-federal representatives
for purposes of consultation under Section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. §§ 1531-1543). This designation
was made pursuant to 50 C.F.R. § 402.08.
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Last reviewed/updated on 4/5/2011.
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