FCC’s NEPA ProcessFCC’s NEPA Process

• Overview of NEPAOverview of NEPA• Overview of FCC’s NEPA rules Overview of FCC’s NEPA rules

and proceduresand procedures• Nuts and bolts of how to comply Nuts and bolts of how to comply

with our ruleswith our rules

NEPA (42 U.S.C. 4321-NEPA (42 U.S.C. 4321-4335 )4335 )

• Requires agencies to consider and disclose the environmental effects of their actions to improve decision-making and encourage transparency, public participation, and accountability.

• Requires agencies to integrate environmental considerations into their decisions.

NEPA and CEQ NEPA and CEQ regulationsregulations

• Define effects broadly to include ecological, aesthetic, historic, social, and cumulative and indirect.

• Define actions broadly to include programs, rules, funding, licensing, permitting

• NEPA sets out a process—no mandated outcome

NEPANEPAThree levels of review: • Environmental Impact Statements (EIS’s)• Environmental Assessments (EA) Finding of No Significant Impact (FONSI)•Categorical exclusions (CE, CX, CatEx)

“Extraordinary circumstances”

ENVIRONMENTAL REVIEWSENVIRONMENTAL REVIEWS

Environmental Compliance Environmental Compliance RegulationsRegulations

The FCC is responsible for The FCC is responsible for ensuring that its actions comply ensuring that its actions comply

with environmental laws and with environmental laws and regulations, including NEPA. regulations, including NEPA.

NEPA compliance rests with NEPA compliance rests with FCC.FCC.

FCC’s NEPA PROCEDURESFCC’s NEPA PROCEDURESAgency actions that trigger NEPA:Agency actions that trigger NEPA:Licensing Spectrum (for associated facility construction)Licensing Spectrum (for associated facility construction)Registering TowersRegistering Towers

To meet NEPA obligations, FCC imposes enforceable duties on To meet NEPA obligations, FCC imposes enforceable duties on licensees and applicantslicensees and applicants

FCC has delegated initial assessment of whether proposed facility FCC has delegated initial assessment of whether proposed facility is CatExed and EA preparation to applicants and licenseesis CatExed and EA preparation to applicants and licensees

FCC has CatExed all agency actions associated with construction FCC has CatExed all agency actions associated with construction of facilities but for those in certain categories (our extraordinary of facilities but for those in certain categories (our extraordinary circumstances)circumstances)

FCC Extraordinary CircumstancesFCC Extraordinary Circumstances-- -- Triggers Triggers for EA for EA

• High intensity white lights in residential neighborhoodsHigh intensity white lights in residential neighborhoods• Radiofrequency exposure in excess of FCC guidelines Radiofrequency exposure in excess of FCC guidelines • Located in designated wilderness area or wildlife Located in designated wilderness area or wildlife

preservepreserve• Presence of sensitive species or their habitatPresence of sensitive species or their habitat• Historic districts and properties, Indian religious sites Historic districts and properties, Indian religious sites • FloodplainFloodplain• Significant change in surface features (e.g., wetland fill, Significant change in surface features (e.g., wetland fill,

water diversion, deforestation)water diversion, deforestation)• Structure over 450 feet tall (migratory birds)Structure over 450 feet tall (migratory birds)

Who needs to Comply?Who needs to Comply?• RegistrantsRegistrants

Tower owners needing to register for aircraft Tower owners needing to register for aircraft navigation safetynavigation safety

- non-licensee tower owners wanting towers - non-licensee tower owners wanting towers available for collocatorsavailable for collocators

• Licensees and spectrum lessees Licensees and spectrum lessees Commercial licensees, utilities, broadcasters, Commercial licensees, utilities, broadcasters,

RR, mining cos…RR, mining cos… site specific (e.g. public safety) and geographicsite specific (e.g. public safety) and geographic

How to Comply: How to Comply: FCC Form 854/Form 601FCC Form 854/Form 601

• Prior to an application being granted, an applicant must certify that the proposed antenna structure will not have a significant effect on the environment.

• Certifying means all statements are “true, complete, correct, and made in good faith.”

• To answer questions and to certify, complete the NEPA Checklist. Must submit EA if might have significant effect. Retain the Checklist for your records.

NEPA ChecklistNEPA Checklist• Will the facility be located in an officially designated wilderness area?• Will it be located in an officially designated wildlife preserve?• Will the facility affect listed or jeopardize proposed threatened or endangered

species (TES) or designated critical habitat?• Will the facility affect districts, sites, buildings, structures or objects significant

in American history, architecture, archaeology, engineering or culture that are listed, or are eligible for listing in the National Register of Historic Places”?

• Will the facility affect Indian religious sites? • Will it be located in a floodplain? • Will construction involve “significant change in surface features (e.g., wetland

fill, deforestation or water diversion)”? • Will the facility be over 450 (so might affect migratory birds)? • High intensity white lights in residentially zoned neighborhood?• Radio Frequency exposure?All other facility deployments, including deployment of new wireless towers, are

categorically excluded.

Form 601 Form 601 Application for WTB Radio Service Authorization Application for WTB Radio Service Authorization

Would a Commission grant of Authorization for this Would a Commission grant of Authorization for this location be an action which may have a significant location be an action which may have a significant environmental effect? (22, 48, depending on Schedule) environmental effect? (22, 48, depending on Schedule) See Section 1.1307 of 47 CFR. See Section 1.1307 of 47 CFR. •If ‘Yes’, submit an EA as required by 47 CFR, Sections 1.1308 and 1.1311.

This item is required for compliance with NEPA. See also This item is required for compliance with NEPA. See also Part 1, Subpart I of the FCC rules (47 CFR 1.1301 - Part 1, Subpart I of the FCC rules (47 CFR 1.1301 - 1.1319). 1.1319).

Form 854 Form 854 Application for Antenna Structure Application for Antenna Structure

RegistrationRegistrationItem 48 Does the applicant certify that authorizations Item 48 Does the applicant certify that authorizations at this location would not have a significant at this location would not have a significant environmental effect pursuant to Section 1.1307? environmental effect pursuant to Section 1.1307?

If “yes” submit an environmental assessment as required If “yes” submit an environmental assessment as required by 47 CFR, Sections 1.1308 and 1.1311.by 47 CFR, Sections 1.1308 and 1.1311.

Look at Section 1.1307 checklist to answer.Look at Section 1.1307 checklist to answer.

Comply with environmental notice requirements.Comply with environmental notice requirements.

Options Once an EA is Options Once an EA is TriggeredTriggered

OR

Begin the EA Process; FCC approval can take 45-90

Days.

Consult with Agencies on changes to eliminate or mitigate triggering effects.

Primary FCC Triggers for Primary FCC Triggers for EA EA

• May affect historic properties or Indian religious sitesMay affect historic properties or Indian religious sites Required if adverse effect found through Section Required if adverse effect found through Section

106 process106 process

• Located in 100-year floodplain or in a wetlandLocated in 100-year floodplain or in a wetland

• May affect threatened or endangered species or May affect threatened or endangered species or critical habitatcritical habitat

Required if USFWS required formal consultation Required if USFWS required formal consultation and Biological Assessmentand Biological Assessment

EA required under two circumstances Action meets one or more of specific criteria

stated in rules (checklist) FCC orders EA in response to petition or on

own motion•EA requirement applies, if triggered, even if Section 106 is excluded

Contents of EAContents of EARequirements outlined in 1.1311Requirements outlined in 1.1311•Must address all factors in 47 CFR Must address all factors in 47 CFR 1.1307(a) and (b) and include info on site 1.1307(a) and (b) and include info on site selection and alternatives sites, impact of O selection and alternatives sites, impact of O and M in sensitive areas…and M in sensitive areas…

•Specific expectations for each factor spelled Specific expectations for each factor spelled out in EA checklistout in EA checklist

Contents of EA – Endangered Contents of EA – Endangered Species Species • Protected species not presentProtected species not present

Relevant documentation (typically IPaC Relevant documentation (typically IPaC response)response)

• Protected species present, but not affectedProtected species present, but not affected Determination by USFWS or own qualified Determination by USFWS or own qualified

biologistbiologist• Not likely to Adversely Affect protected speciesNot likely to Adversely Affect protected species

USFWS concurrenceUSFWS concurrence• Likely to Adversely Affect protected species Likely to Adversely Affect protected species

USFWS incidental take statement USFWS incidental take statement

Contents of EA – Historic Contents of EA – Historic Properties/Indian Properties/Indian Religious Sites Religious Sites • TCNS file numberTCNS file number

• List of Tribes contactedList of Tribes contacted• If no adverse effect, SHPO/Tribal Nation If no adverse effect, SHPO/Tribal Nation

concurrences or explanation of why concurrences or explanation of why concurrences not neededconcurrences not needed

• If adverse effect, MOA or FCC decision on If adverse effect, MOA or FCC decision on avoidance/mitigationavoidance/mitigation

• All relevant correspondence All relevant correspondence

Contents of EA – Contents of EA – Floodplain/Wetland Floodplain/Wetland

• 100-year floodplain100-year floodplain FEMA mapFEMA map If in floodplain, showing construction will be If in floodplain, showing construction will be

at least 1 foot above floodplainat least 1 foot above floodplain

• WetlandsWetlands US Army Corps mapUS Army Corps map If not in wetland, indicateIf not in wetland, indicate If wetland fill required, US Army Corps If wetland fill required, US Army Corps

permit or other authorization permit or other authorization

Contents of EA – Other Contents of EA – Other Factors Factors • Migratory BirdsMigratory Birds

• Wilderness area/wildlife preserve (generally on federal land)Wilderness area/wildlife preserve (generally on federal land) Relevant databases, maps, etc. Relevant databases, maps, etc. If in protected area, relevant approvals or permitsIf in protected area, relevant approvals or permits

• High-intensity white lightsHigh-intensity white lights Type of lights Type of lights Location (Will not use high-intensity white lights in Location (Will not use high-intensity white lights in

residentially zoned area) residentially zoned area) • Radiofrequency exposureRadiofrequency exposure

Certification of compliance with Commission Certification of compliance with Commission guidelines guidelines

Processing of EAsProcessing of EAs• Placed on Public Notice within one weekPlaced on Public Notice within one week

• 30-day comment period30-day comment period

• Staff may request additional informationStaff may request additional information Will not delay processing if timely response Will not delay processing if timely response

and no material changeand no material change

• If no issues or petitions to deny, FONSI If no issues or petitions to deny, FONSI ordinarily granted within 45 daysordinarily granted within 45 days

Environmental ReviewEnvironmental Review• If after review, no significant impact, applicant certifies and

if no request for further environmental review (854) or petitions to deny (601) or agency ID’d issues, application granted.

• If an EA was prepared, and no significant issues, the Commission can issue a FONSI.

• If an applicant cannot certify no significant impact, FCC can prepare an EIS prior to approval or the applicant can withdraw the application.

Other AgenciesOther Agencies• No EA needed if another agency has done No EA needed if another agency has done

NEPA NEPA • Federal land management agency EA’s Federal land management agency EA’s

and EIS’s are sufficient, but not CatEx’sand EIS’s are sufficient, but not CatEx’s

RemindersReminders• The height/design of a tower is not relevant in determining that

a proposed tower is subject to the NEPA process – some level of review is required, even for a CatEx

• Antenna Structure Registration requires environmental notice, even without an EA

• The grant of a license is not permission to construct; even with a license , building without following environmental regs can be violation of our rules

• A licensee must consider environmental effects and if necessary complete an EA before constructing facilities not otherwise requiring pre-construction authorization

• Refer to rules (1.1307) throughout process, not form instructions and checklists

NEPA OVERVIEWNEPA OVERVIEW

• Questions?Questions?

• Contact: Contact:

Erica RosenbergErica RosenbergErica.Rosenberg@FCC.gov

202.418.1343202.418.1343