[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Proposed Rules]
[Pages 18679-18684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7785]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 17, 22, 24, 25, 27, 80, 87, and 90

[WT Docket Nos. 08-61 and 03-187; DA 11-558]


Wireless Telecommunications Bureau Invites Comment on Draft 
Environmental Notice Requirements and Interim Procedures Affecting the 
Antenna Structure Registration Program

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau invites comment, pursuant to the 
rules of the Council on Environmental Quality (CEQ), on draft rules and 
interim procedures designed to ensure that the environmental effects of 
proposed communications towers, including their effects on migratory 
birds, are fully considered prior to construction.

DATES: Submit comments on or before May 5, 2011.

ADDRESSES: All filings should refer to WT Docket Nos. 08-61 and 03-187. 
Comments may be filed using: (1) The Commission's Electronic Comment 
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, 
or (3) by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).

 Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/or 
the Federal eRulemaking Portal: http://www.regulations.gov.
 Paper Filers: Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.

    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    Parties should send a copy of each filing to the Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554, or by e-mail to [email protected]. Parties shall also serve 
one copy with the Commission's copy contractor, Best Copy and Printing, 
Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, (202) 488-5300, or via e-mail to [email protected].
    Filings and comments will be available for public inspection and 
copying during regular business hours at the FCC Reference Information 
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. They may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., Portals II,

[[Page 18680]]

445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone: 
(202) 488-5300, fax: (202) 488-5563, or via e-mail http://www.bcpiweb.com.
    Availability of Documents: Comments and ex parte submissions will 
be available for public inspection during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 445 12th 
Street, SW., CY-A257, Washington, DC 20554. These documents will also 
be available via ECFS. Documents will be available electronically in 
ASCII, Microsoft Word, and/or Adobe Acrobat.

FOR FURTHER INFORMATION CONTACT: Mania K. Baghdadi, Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau, at 
(202) 418-2133 or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in WT Docket Nos. 08-61 and 03-187; DA 11-558, released on March 
25, 2011. In this document, the Bureau invites comment, pursuant to the 
rules of the Council on Environmental Quality (CEQ), on draft rules and 
interim procedures designed to ensure that the environmental effects of 
proposed communications towers, including their effects on migratory 
birds, are fully considered prior to construction. These draft rules 
and procedures are intended to further the Commission's implementation 
of the National Environmental Policy Act (NEPA) while preserving the 
ability of communications providers rapidly to offer innovative and 
valuable services to the public.
    Under CEQ's rules, before adopting procedures implementing NEPA an 
agency must publish its draft procedures in the Federal Register for 
comment, and CEQ must determine that the procedures conform with NEPA 
and CEQ's regulations. The Bureau issues this document in order to seek 
public comment in compliance with those requirements.
    The draft rules and procedures respond to the decision of the Court 
of Appeals for the District of Columbia Circuit in American Bird 
Conservancy v. FCC. In American Bird Conservancy, the court held that 
the Commission's current antenna structure registration (ASR) 
procedures impermissibly fail to offer members of the public a 
meaningful opportunity to request an Environmental Assessment (EA) for 
proposed towers that the Commission considers categorically excluded 
from review under NEPA. The notification process included within the 
draft rules would address that holding of the court. The draft 
procedures also include provisions consistent with a Memorandum of 
Understanding among representatives of communications providers, tower 
companies, and conservation groups.
    Under the draft rules and procedures attached to this document:
     Prior to the filing of an ASR application for a new 
antenna structure, members of the public would be given an opportunity 
to comment on the environmental effects of the proposed construction. 
The applicant would provide notice of the proposal to the local 
community, and the Commission would post information about the proposal 
on its Web site. Commission staff would consider any comments received 
from the public to determine whether an EA is required for the tower.
     EAs for those registered towers that require EAs would be 
filed and considered by the Commission prior to the filing of an ASR 
application. Those EAs are currently filed at the same time as either 
the ASR application or a service-specific license or permit 
application.
     On an interim basis pending completion of the ongoing 
programmatic environmental analysis of the ASR program, an EA would be 
required to be filed for each proposed registered tower more than 450 
feet in height to address its potential impact on migratory birds. 
Staff would review the EA to determine whether the tower would have a 
significant environmental impact.
    Ex Parte Presentations. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making oral ex parte presentations are reminded 
that memoranda summarizing the presentations must contain summaries of 
the substance of the presentations and not merely a listing of the 
subjects discussed. More than a one or two sentence description of the 
views and arguments presented is generally required. Other requirements 
pertaining to oral and written presentations are set forth in Sec.  
1.1206(b) of the Commission's rules.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Environmental impact statements, Federal buildings and 
facilities, Radio, Reporting and recordkeeping requirements, 
Satellites, and Telecommunications.

47 CFR Part 17

    Aviation safety, Communications equipment, and Reporting and 
recordkeeping requirements.

47 CFR Part 22

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, and Rural areas.

47 CRF Part 24

    Administrative practice and procedure, Communications common 
carriers, Communications equipment, Radio, Reporting and recordkeeping 
requirements, and Telecommunications.

47 CFR Part 25

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Satellites, Securities, and 
Telecommunications.

47 CFR Part 27

    Communications common carriers and Radio.

47 CFR Part 80

    Communications equipment, Great Lakes, Marine safety, Radio, 
Reporting and recordkeeping requirements, Telegraph, Telephone, and 
Vessels.

47 CFR Part 87

    Air transportation, Communications equipment, Defense 
communications, Radio, and Reporting and recordkeeping requirements.

47 CFR Part 90

    Administrative practice and procedure, Common carriers, 
Communications equipment, Radio, and Reporting and recordkeeping 
requirements.

Federal Communications Commission
Ruth Milkman,
Chief. Wireless Telecommunications Bureau.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 17, 22, 24, 
25, 27, 80, 87, and 90 as follows:

PART 1--PRACTICE AND PROCEDURE

    1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.

    2. Section 1.61 is amended by revising paragraph (a)(2) to read as 
follows:

[[Page 18681]]

Sec.  1.61  Procedures for handling applications requiring special 
aeronautical study.

    (a) * * *
    (2) In accordance with Sec.  1.1307 and Sec.  17.4(c) of this 
chapter, the Bureau will address any environmental concerns prior to 
processing the registration.
* * * * *
    3. Section 1.923 is amended by revising paragraphs (d) and (e) to 
read as follows:


Sec.  1.923  Content of applications.

* * * * *
    (d) Antenna Structure Registration. Owners of certain antenna 
structures must notify the Federal Aviation Administration and register 
with the Commission as required by part 17 of this chapter. 
Applications proposing the use of one or more new or existing antenna 
structures must contain the FCC Antenna Structure Registration 
Number(s) of each structure for which registration is required. To 
facilitate frequency coordination or for other purposes, the Bureau 
shall accept for filing an application that does not contain the FCC 
Antenna Structure Registration Number so long as;
    (1) The antenna structure owner has filed an antenna structure 
registration application (FCC Form 854);
    (2) The antenna structure owner has provided local notice and the 
Commission has posted notification of the proposed construction on its 
Web site pursuant to Sec.  17.4(c)(3) and (4) of this chapter; and
    (3) The antenna structure owner has obtained a Determination of No 
Hazard to Aircraft Navigation from the Federal Aviation Administration. 
In such instances, the applicant shall provide the FCC Form 854 File 
Number on its application. Once the antenna structure owner has 
obtained the Antenna Structure Registration Number, the applicant shall 
amend its application to provide the Antenna Structure Registration 
Number, and the Commission shall not grant the application before the 
Antenna Structure Registration Number has been provided. If 
registration is not required, the applicant must provide information in 
its application sufficient for the Commission to verify this fact.
    (e) Environmental Concerns.
    (1) Environmental processing shall be completed pursuant to the 
process set forth in Sec.  17.4(c) of this chapter for any facilities 
that use one or more new or existing antenna structures for which a new 
or amended registration is required by part 17 of this chapter. 
Environmental review by the Commission must be completed prior to 
construction.
    (2) For applications that propose any facilities that are not 
subject to the process set forth in Sec.  17.4(c) of this chapter, the 
applicant is required to indicate at the time its application is filed 
whether or not a Commission grant of the application for those 
facilities may have a significant environmental effect as defined by 
Sec.  1.1307. If the applicant answers affirmatively, an Environmental 
Assessment, required by Sec.  1.1311, must be filed with the 
application and environmental review by the Commission must be 
completed prior to construction.
* * * * *
    4. Section 1.929 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  1.929  Classification of filings as major or minor.

* * * * *
    (a) * * *
    (4) Application or amendment requesting authorization for a 
facility that may have a significant environmental effect as defined in 
Sec.  1.1307, unless the facility has been determined not to have a 
significant environmental effect through the process set forth in Sec.  
17.4(c) of this chapter.
* * * * *
    5. Section 1.934 is amended by adding paragraph (g) to read as 
follows:


Sec.  1.934  Defective applications and dismissal.

* * * * *
    (g) Dismissal for failure to pursue environmental review. The 
Commission may dismiss license applications (FCC Form 601) associated 
with proposed antenna structure(s) subject to Sec.  17.4(c) of this 
chapter, if pending more than 60 days and awaiting submission of an 
Environmental Assessment or other environmental information from the 
applicant, unless the applicant has provided an affirmative statement 
reflecting active pursuit during the previous 60 days of environmental 
review for the proposed antenna structure(s). To avoid potential 
dismissal of its license application, the license applicant must 
provide updates every 60 days unless or until the applicant has 
submitted the material requested by the Bureau.
    6. Section 1.1307 is amended by adding a note to paragraph (d) to 
read as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (d) * * *

    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 more than 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 
Section I(C)(1)-(3) of Appendix B to Part 1 of this chapter; or (3) 
addition of lighting or adoption of a less preferred FAA Lighting 
Style as defined in Sec.  17.4(c)(1)(C) of this chapter. The Bureau 
shall consider whether to require an EA for other antenna structures 
subject to Sec.  17.4(c) of this chapter in accordance with Sec.  
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 
Sec.  17.4(c) of this chapter.

PART 17--CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES

    7. The authority citation for part 17 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303, Interpret or apply secs. 301, 309, 48 Stat. 1081, 
1085, as amended; 47 U.S.C. 301, 309.

    8. Section 17.4 is amended by revising paragraph (c) to read as 
follows:


Sec.  17.4  Antenna structure registration.

* * * * *
    (c) Each prospective applicant must complete the environmental 
notification process described in this paragraph, except as specified 
in paragraph (c)(1) of this section.
    (1) Exceptions from the environmental notification process. 
Completion of the environmental notification process is not required 
when FCC Form 854 is submitted solely for the following purposes:
    (i) For notification only, such as to report a change in ownership 
or contact information, or the dismantlement of an antenna structure;
    (ii) For a reduction in height of an antenna structure or an 
increase in

[[Page 18682]]

height that does not constitute a substantial increase in size as 
defined in Section I(C)(1)-(3) of Appendix B to part 1 of this chapter, 
provided that there is no construction or excavation more than 30 feet 
beyond the existing antenna structure property;
    (iii) For removal of lighting from an antenna structure or adoption 
of a more preferred FAA Lighting Style. For this purpose FAA Lighting 
Styles are ranked as follows (with the most preferred lighting style 
listed first and the least preferred listed last): FAA Style B (L-856), 
FAA Style D (L-865), FAA Style E (L-864/L-865/L-810), FAA Style C (L-
856/L-865), FAA Style F (L-856 Day/L-864 Night and L-810) and FAA Style 
A (L-864/L-810). A complete description of each FAA Style and the 
manner in which it is to be deployed can be found at FAA, U.S. Dept. of 
Transportation, Advisory Circular: Obstruction Marking and Lighting, AC 
70/7460-1K (Feb. 1, 2007);
    (iv) For replacement of an existing antenna structure at the same 
geographic location that does not require an Environmental Assessment 
(EA) under Sec.  1.1307(a) through (d) of this chapter, provided the 
new structure will not use lights if the previous structure was 
unlighted, the new structure will not use a less preferred FAA Lighting 
Style, there will be no substantial increase in size as defined in 
Section I(C)(1)-(3) of Appendix B to part 1 of this chapter, and there 
will be no construction or excavation more than 30 feet beyond the 
existing antenna structure property;
    (v) For any other change that does not alter the physical 
structure, lighting, or geographic location of an existing structure; 
or
    (vi) For construction, modification, or replacement of an antenna 
structure on Federal land where another Federal agency has assumed 
responsibility for evaluating the potentially significant environmental 
effect of the proposed antenna structure on the quality of the human 
environment and for invoking any required environmental impact 
statement process, or for any other structure where another Federal 
agency has assumed such responsibilities pursuant to a written 
agreement with the Commission. See Sec.  1.1311(e) of this chapter.
    (2) Commencement of the environmental notification process. The 
prospective applicant shall commence the environmental notification 
process by filing information about the proposed antenna structure with 
the Commission. This information shall include, at a minimum, all of 
the information required on FCC Form 854 regarding ownership and 
contact information, geographic location, and height, as well as the 
type of structure and anticipated lighting. The Wireless 
Telecommunications Bureau may utilize a partially completed FCC Form 
854 to collect this information.
    (3) Local notice. The prospective applicant must provide local 
notice of the proposed new antenna structure or modification of an 
existing antenna structure through publication in a newspaper of 
general circulation or other appropriate means, such as through the 
public notification provisions of the relevant local zoning process. 
The local notice shall contain all of the descriptive information as to 
geographic location, configuration, height and anticipated lighting 
specifications reflected in the submission required pursuant to 
paragraph (c)(2) of this section. It must also provide information as 
to the procedure for interested persons to file Requests for 
environmental processing pursuant to Sec. Sec.  1.1307(c) and 1.1313(b) 
of this chapter, including any assigned file number.
    (4) National notice. On or after the local notice date provided by 
the prospective applicant, the Commission shall post notification of 
the proposed construction on its Web site. This posting shall include 
the information contained in the initial filing with the Commission or 
a link to such information. The posting shall remain on the 
Commission's Web site for a period of 30 days.
    (5) Requests for environmental processing. Any Request filed by an 
interested person pursuant to Sec. Sec.  1.1307(c) and 1.1313(b) of 
this chapter must be received by the Commission no later than 30 days 
after the proposed antenna structure goes on notice pursuant to 
paragraph (c)(4) of this section. The Wireless Telecommunications 
Bureau shall establish by public notice the process for filing Requests 
for environmental processing and responsive pleadings consistent with 
the following provisions.
    (1) Service and pleading cycle. The interested person or entity 
shall serve a copy of its Request on the prospective ASR applicant 
pursuant to Sec.  1.47 of this chapter. Oppositions may be filed no 
later than 10 days after the time for filing Requests has expired. 
Replies to oppositions may be filed no later than 5 days after the time 
for filing oppositions has expired. Oppositions shall be served upon 
the Requester, and replies shall be served upon the prospective 
applicant.
    (2) Content. An Environmental Request must state why the interested 
person or entity believes that the proposed antenna structure or 
physical modification of an existing antenna structure may have a 
significant impact on the quality of the human environment for which an 
Environmental Assessment must be considered by the Commission as 
required by Sec.  1.1307 of this chapter, or why an Environmental 
Assessment submitted by the prospective ASR applicant does not 
adequately evaluate the potentially significant environmental effects 
of the proposal. The Request must be submitted as a written petition 
filed either electronically or by hard copy setting forth in detail the 
reasons supporting Requester's contentions.
    (6) Amendments. The prospective applicant must file an amendment to 
report any substantial change in the information provided to the 
Commission. An amendment will not require further local or national 
notice if the only reported change is a reduction in the height of the 
proposed new or modified antenna structure; if proposed lighting is 
removed or changed to a more preferred FAA Lighting Style as set forth 
in paragraph (c)(1)(iii) of this section; or if the amendment reports 
only administrative changes that are not subject to the requirements 
specified in this paragraph. All other changes to the physical 
structure, lighting, or geographic location data for a proposed 
registered antenna structure require additional local and national 
notice and a new period for filing Requests pursuant to paragraphs 
(c)(3), (c)(4), and (c)(5) of this section.
    (7) Environmental Assessments. If an Environmental Assessment (EA) 
is required under Sec.  1.1307 of this chapter, the antenna structure 
registration applicant shall attach the EA to its environmental 
submission, regardless of any requirement that the EA also be attached 
to an associated service-specific license or construction permit 
application. The EA may be provided either with the initial 
environmental submission or as an amendment. If the EA is submitted as 
an amendment, the Commission shall post notification on its Web site 
for another 30 days pursuant to paragraph (c)(4) of this section and 
accept additional Requests pursuant to paragraph (c)(5) of this 
section. However, additional local notice pursuant to paragraph (c)(3) 
of this section shall not be required unless information has changed 
pursuant to paragraph (c)(6) of this section. The applicant shall serve 
a copy of the EA

[[Page 18683]]

upon any party that has previously filed a Request pursuant to 
paragraph (c)(5) of this section.
    (8) Disposition. The processing Bureau shall resolve all 
environmental issues before the tower owner, or the first tenant 
licensee acting on behalf of the owner, may complete the antenna 
structure registration application. In a case where no EA is submitted, 
the Bureau shall notify the applicant whether an EA is required under 
Sec.  1.1307(c) or (d) of this chapter. In a case where an EA is 
submitted, the Bureau shall either grant a Finding of No Significant 
Impact (FONSI) or notify the applicant that the proposal may have a 
significant environmental impact and further environmental processing 
is required pursuant to Sec.  1.1308 of this chapter. Upon filing the 
completed antenna structure registration application, the applicant 
shall certify that the construction will not have a significant 
environmental impact, unless an Environmental Impact Statement is 
prepared pursuant to Sec.  1.1314 of this chapter.
    (9) Transition rule. An antenna structure registration application 
that is pending with the Commission as of [EFFECTIVE DATE OF FINAL 
RULE] shall not be required to complete the environmental notification 
process set forth in this paragraph. However, if such an application is 
amended in a manner that would require additional notice pursuant to 
paragraph (c)(6) of this section, then such notice shall be required.
* * * * *

PART 22--PUBLIC MOBILE SERVICES

    9. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309 and 332.

    10. Section 22.143 is amended by revising paragraph (d)(4) to read 
as follows:


Sec.  22.143  Construction prior to grant of application.

* * * * *
    (d) * * *
    (4) For any construction or alteration that would exceed the 
requirements of Sec.  17.7 of this chapter, the licensee has notified 
the appropriate Regional Office of the Federal Aviation Administration 
(FAA Form 7460-1), secured a valid FAA determination of ``no hazard,'' 
and received antenna height clearance and obstruction marking and 
lighting specifications (FCC Form 854R) from the FCC for the proposed 
construction or alteration.
* * * * *

PART 24--PERSONAL COMMUNICATION SERVICES

    11. The authority citation for part 24 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.

    12. Section 24.2 is amended by revising paragraphs (b) and (f) to 
read as follows:


Sec.  24.2  Other applicable rule parts.

* * * * *
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental requirements that, together with the procedures specified 
in Sec.  17.4(c) of this chapter, if applicable, must be complied with 
prior to the initiation of construction. Subpart F includes the rules 
for the Wireless Telecommunications Services and the procedures for 
filing electronically via the ULS.
* * * * *
    (f) Part 17. This part contains requirements for the construction, 
marking and lighting of antenna towers, and the environmental 
notification process that must be completed before filing certain 
antenna structure registration applications.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

    13. The authority citation for part 25 continues to read as 
follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, and 332, 
unless otherwise noted.

    14. Section 25.113 is amended by revising paragraph (a) to read as 
follows:


Sec.  25.113  Station licenses and launch authority

    (a) Construction permits are not required for satellite earth 
stations. Construction of such stations may commence prior to grant of 
a license at the applicant's own risk. Applicants must comply with the 
provisions of 47 CFR 1.1312 relating to environmental processing prior 
to commencing construction. Applicants filing applications that propose 
the use of one or more new or existing antenna structures requiring 
registration under part 17 of this chapter must also comply with any 
applicable environmental notification process specified in Sec.  
17.4(c) of this chapter.
* * * * *
    15. Section 25.115 is amended by revising paragraph 
(c)(2)(vi)(A)(4) to read as follows:


Sec.  25.115  Applications for earth station authorizations.

* * * * *
    (c) * * *
    (2) * * *
    (vi) * * *
    (A) * * *
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec.  1.1307 of this 
chapter after complying with any applicable environmental notification 
procedures specified in Sec.  17.4(c) of this chapter.
* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATION SERVICES

    16. The authority citation for part 27 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and 
337 unless otherwise noted.

    17. Section 27.3 is amended by revising paragraphs (b) and (f) to 
read as follows:


Sec.  27.3  Other applicable rule parts.

* * * * *
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; competitive 
bidding procedures; and the environmental requirements that, together 
with the procedures specified in Sec.  17.4(c) of this chapter, if 
applicable, must be complied with prior to the initiation of 
construction. Subpart F includes the rules for the Wireless 
Telecommunications Services and the procedures for filing 
electronically via the ULS.
* * * * *
    (f) Part 17. This part contains requirements for the construction, 
marking and lighting of antenna towers, and the environmental 
notification process that must be completed before filing certain 
antenna structure registration applications.
* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

    18. The authority citation for part 80 continues to read as 
follows:


[[Page 18684]]


    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.

    19. Section 80.3 is amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  80.3  Other applicable rule parts of this chapter.

* * * * *
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental processing requirements that, together with the 
procedures specified in Sec.  17.4(c) of this chapter, if applicable, 
must be complied with prior to the initiation of construction. Subpart 
Q of part 1 contains rules governing competitive bidding procedures for 
resolving mutually exclusive applications for certain initial licenses.
* * * * *
    (e) Part 17. This part contains requirements for the construction, 
marking and lighting of antenna towers, and the environmental 
notification process that must be completed before filing certain 
antenna structure registration applications.
* * * * *

PART 87--AVIATION SERVICES

    20. The authority citation for part 87 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, and 307(e), unless otherwise 
noted.

    21. Section 87.3 is amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  87.3  Other applicable rule parts.

* * * * *
    (b) Part 1 contains rules of practice and procedure for license 
applications, adjudicatory proceedings, rule making proceedings, 
procedures for reconsideration and review of the Commission's actions; 
provisions concerning violation notices and forfeiture proceedings; and 
the environmental processing requirements that, together with the 
procedures specified in Sec.  17.4(c) of this chapter, if applicable, 
must be complied with prior to the initiation of construction.
* * * * *
    (e) Part 17 contains requirements for construction, marking and 
lighting of antenna towers, and the environmental notification process 
that must be completed before filing certain antenna structure 
registration applications.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    22. The authority citation for part 90 continues to read as 
follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    23. Section 90.5 is amended by revising paragraphs (b) and (f) to 
read as follows:


Sec.  90.5  Other applicable rule parts.

* * * * *
    (b) Part 1 includes rules of practice and procedure for the filing 
of applications for stations to operate in the Wireless 
Telecommunications Services, adjudicatory proceedings including hearing 
proceedings, and rule making proceedings; procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental processing requirements that, together with the 
procedures specified in Sec.  17.4(c) of this chapter, if applicable, 
must be complied with prior to initiating construction.
* * * * *
    (f) Part 17 contains requirements for construction, marking and 
lighting of antenna towers, and the environmental notification process 
that must be completed before filing certain antenna structure 
registration applications.
* * * * *
    24. Section 90.129 is amended by revising paragraph (g) to read as 
follows:


Sec.  90.129  Supplemental information to be routinely submitted with 
applications.

* * * * *
    (g) The environmental assessment required by Sec. Sec.  1.1307 and 
1.1311 of this chapter, if applicable. If an application filed under 
this part proposes the use of one or more new or existing antenna 
structures that require registration under part 17 of this chapter, any 
required environmental assessment should be submitted pursuant to the 
process set forth in Sec.  17.4(c) of this chapter rather than with the 
application filed under this part.
* * * * *
[FR Doc. 2011-7785 Filed 4-4-11; 8:45 am]
BILLING CODE 6712-01-P