FCC NEPA Checklists Reports and Related Compliance Issues  

The National Environmental Policy Act (NEPA) of 1969 is the recognized national charter for environmental protection. It requires all Federal agencies to implement procedures to make environmental consideration a necessary part of an agency's decision-making process. The FCC requires 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 ( CFR Title 47).  

AEC will determine if the proposed wireless telecommunication installations will have the potential to impact any of the eight categories identified within sections 1.1307 and listed below:  

• Wilderness Areas/Wildlife Preserves
• Threatened/Endangered Species
• Historic Properties
• Native American Religious Sites
• Flood Plains
• Wetlands and Surface Features
• High-Intensity White Lights
• Radio Frequency Radiation (RF)

Based on AEC’s site reconnaissance, agency and documentation review, and interviews, AEC will complete a FCC NEPA checklist screening report with AEC’s findings and recommendations. AEC’s standard scope of work related to these categories is listed below:  

1.  AEC will conduct a site reconnaissance and review wilderness information on the National Wilderness Preservation System website as provided on-line at http://www.wilderness.net/nwps.   

2. AEC will review information from the United States Fish & Wildlife Service (USFWS) website as provided on-line at http://refuges.fws.gov.  In addition, AEC will review relevant maps indicating federally protected wildlife preserves/refuges including state road maps and ADC county maps.  

3. AEC will conduct a site reconnaissance and contact the appropriate USFWS field office and determine if there is potential to impact any federally listed (or proposed) threatened, or endangered species or federally designated critical habitats.  

4. AEC will initiate consultation, compile information, and coordinate any necessary studies to assist The Client with compliance with Section 106, 36 CFR 800 of the National Historic Preservation Act of 1966. AEC will prepare information for the Section 106 submittal to the State Historic Preservation Office (SHPO) review and provide The Client with the SHPO’s evaluation of AEC’s determination. The three possible determinations include a “no effect”, “no adverse effect”, or an “adverse effect” ruling. It should be noted that before the Section 106 requirements can be fulfilled, the SHPO typically requests additional studies including completions of Determinations of Eligibility (DOE) forms, Phase II archeological studies, photosimulations, and/or balloon tests.  AEC has the capabilities to assist the Client with these additional services.  

5. AEC will review information on Native American tribal lands provided by local or state Native American organizations, THPO, and/or on-line at http://web.cast.uark.edu/other/nps/nacd. 

6.  AEC will conduct a site reconnaissance and will review information provided on a Federal Emergency Management Act (FEMA) Flood Insurance Rate Map ( FIRM ) and/or information provided online at http://www.esri.com/hazards/makemap.html to determine if the Site is potentially located within a 100-year or 500-year flood plain.  

7.  AEC will conduct a site reconnaissance, review the United States Department of Fish and Wildlife (USFWS) National Wetlands Inventory Maps and/or information provided online at http://ecos.fws.gov/nwi mapplet/area selection.html, and will review soil information provided by the local county soil conservation service to assess the potential for the The Client’s proposed installation to impact wetlands.   

 8. AEC will review the proposed height and design of the installation and work with the Client to provide a statement on whether the use of high-intensity white lights will be required for the proposed installation.  

In addition, as noted on the FCC website (www.fcc.gov) FCC actions granting construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilities, require the preparation of an Environmental Assessment (EA) if the particular facility, operation or transmitter would cause human exposure to levels of radiofrequency radiation in excess of the limits in Sections 1.1310 and Sections 2.1093. Applications to the FCC for construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilities must contain a statement confirming compliance with the limits unless the facility, operation, or transmitter is categorically excluded. The Client will provide AEC with a statement indicating that the proposed installation will comply with all FCC-mandated radio frequency limit requirements.  

AEC can also assist with the following FCC NEPA related services: Environmental Assessments (EAs), wetland delineations, balloon tests, photosimulations, Determinations of Eligibility (DOE), archeological surveys (associated with Section 106), and Informal Biological Assessments (IBAs).

SHPO Screening (Co-locates and Non-tower Structures)  

For collocation sites, AEC typically conducts a preliminary SHPO Screen at the SHPO office to determine if the Client’s proposed construction design meets the relevant stipulations listed in the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, dated March 16, 2001 , as executed by the FCC, National Conference of SHPOs, and the Advisory Council on Historic Preservation. Based on the information obtained, AEC can recommend if additional investigation is necessary to comply with Section 106 requirements.