Federal Communications Commission DA 15-6 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies Acceleration of Broadband Deployment: Expanding the Reach and Reducing the Cost of Broadband Deployment by Improving Policies Regarding Public Rights of Way and Wireless Facilities Siting 2012 Biennial Review of Telecommunications Regulations ) ) ) ) ) ) ) ) ) ) ) ) ) WT Docket No. 13-238 WC Docket No. 11-59 WT Docket No. 13-32 ERRATUM Released: January 5, 2015 By the Chief, Wireless Telecommunications Bureau: On October 21, 2014, the Commission released a Report and Order, FCC 14-153, in the above- captioned proceeding. This Erratum amends the Report and Order as indicated below: 1. In paragraph 25, replace “as codified in Note 1 and 4 of Section 1.1306 of our rules” with “as codified in Section 1.1306(c) and Note 1 of our rules.” 2. In footnote 35, replace “47 C.F.R. § 1.1306 Note 1, Note 4” with “47 C.F.R. § 1.1306(c) & Note 1.” 3. In paragraph 61, replace “which we incorporate into our rules as Note 4 to Section 1.1306” with “which we incorporate into our rules as Section 1.1306(c).” 4. In paragraph 68, replace “as Notes 1 and 4 make clear” with “as Note 1 and Section 1.1306(c) make clear.” 5. In paragraph 69, replace “Note 4 categorical exclusion” with “Section 1.1306(c) categorical exclusion.” This Erratum also amends Appendix B of the Report and Order as indicated below: 6. Paragraph 2 is corrected to read as follows: Section 1.1306 is amended by adding paragraph (c) and revising the first sentence of Note 1 to read as follows: § 1.1306 Actions which are categorically excluded from environmental processing. * * * * * (c)(1) Unless § 1.1307(a)(4) is applicable, the provisions of § 1.1307(a) requiring the preparation of EAs do not encompass the construction of wireless facilities, including deployments on new or Federal Communications Commission DA 15-6 2 replacement poles, if: (i) The facilities will be located in a right-of-way that is designated by a Federal, State, local, or Tribal government for communications towers, above-ground utility transmission or distribution lines, or any associated structures and equipment; (ii) The right-of-way is in active use for such designated purposes; and (iii) The facilities would not (A) Increase the height of the tower or non-tower structure by more than 10% or twenty feet, whichever is greater, over existing support structures that are located in the right-of-way within the vicinity of the proposed construction; (B) Involve the installation of more than four new equipment cabinets or more than one new equipment shelter; (C) Add an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater (except that the deployment may exceed this size limit if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); or (D) Involve excavation outside the current site, defined as the area that is within the boundaries of the leased or owned property surrounding the deployment or that is in proximity to the structure and within the boundaries of the utility easement on which the facility is to be deployed, whichever is more restrictive. (2) Such wireless facilities are subject to § 1.1307(b) and require EAs if their construction would result in human exposure to radiofrequency radiation in excess of the applicable health and safety guidelines cited in § 1.1307(b). Note 1: The provisions of § 1.1307(a) requiring the preparation of EAs do not encompass the mounting of antenna(s) and associated equipment (such as wiring, cabling, cabinets, or backup- power), on or in an existing building, or on an antenna tower or other man-made structure, unless § 1.1307(a)(4) is applicable. * * * Federal Communications Commission DA 15-6 3 * * * * * Section 1.1307 is amended by redesignating paragraph (a)(4) as (a)(4)(i), and by adding new paragraph (a)(4)(ii) and a Note to paragraph (a)(4)(ii) to read as follows: § 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. (a) * * * (4) * * * (ii) The requirements in paragraph (a)(4)(i) of this section do not apply to: (A) The mounting of antennas (including associated equipment such as wiring, cabling, cabinets, or backup-power) on existing utility structures (including utility poles and electric transmission towers in active use by a “utility” as defined in Section 224 of the Communications Act, 47 U.S.C. 224, but not including light poles, lamp posts, and other structures whose primary purpose is to provide public lighting) where the deployment meets the following conditions: (1) All antennas that are part of the deployment fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that are individually no more than three cubic feet in volume, and all antennas on the structure, including any pre-existing antennas on the structure, fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that total no more than six cubic feet in volume; (2) All other wireless equipment associated with the structure, including pre- existing enclosures and including equipment on the ground associated with antennas on the structure, are cumulatively no more than seventeen cubic feet in volume, exclusive of Federal Communications Commission DA 15-6 4 (i) Vertical cable runs for the connection of power and other services; (ii) Ancillary equipment installed by other entities that is outside of the applicant’s ownership or control, and (iii) Comparable equipment from pre-existing wireless deployments on the structure; (3) The deployment will involve no new ground disturbance; and (4) The deployment would otherwise require the preparation of an EA under paragraph (a)(4)(i) of this section solely because of the age of the structure; or (B) The mounting of antennas (including associated equipment such as wiring, cabling, cabinets, or backup-power) on buildings or other non-tower structures where the deployment meets the following conditions: (1) There is an existing antenna on the building or structure; (2) One of the following criteria is met: (i) Non-Visible Antennas. The new antenna is not visible from any adjacent streets or surrounding public spaces and is added in the same vicinity as a pre-existing antenna; (ii) Visible Replacement Antennas. The new antenna is visible from adjacent streets or surrounding public spaces, provided that (A) It is a replacement for a pre-existing antenna, (B) The new antenna will be located in the same vicinity as the pre- existing antenna, (C) The new antenna will be visible only from adjacent streets and surrounding public spaces that also afford views of the pre-existing antenna, (D) The new antenna is not more than 3 feet larger in height or width (including all protuberances) than the pre-existing antenna, and Federal Communications Commission DA 15-6 5 (E) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces; or (iii) Other Visible Antennas. The new antenna is visible from adjacent streets or surrounding public spaces, provided that (A) It is located in the same vicinity as a pre-existing antenna, (B) The new antenna will be visible only from adjacent streets and surrounding public spaces that also afford views of the pre- existing antenna, (C) The pre-existing antenna was not deployed pursuant to the exclusion in this subsection (§1.1307(a)(4)(ii)(B)(2)(iii)), (D) The new antenna is not more than three feet larger in height or width (including all protuberances) than the pre-existing antenna, and (E) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces; (3) The new antenna complies with all zoning conditions and historic preservation conditions applicable to existing antennas in the same vicinity that directly mitigate or prevent effects, such as camouflage or concealment requirements; (4) The deployment of the new antenna involves no new ground disturbance; and (5) The deployment would otherwise require the preparation of an EA under paragraph (a)(4) of this section solely because of the age of the structure. Note to paragraph (a)(4)(ii): A non-visible new antenna is in the “same vicinity” as a pre-existing antenna if it will be collocated on the same rooftop, façade or other surface. A visible new antenna is in the “same vicinity” as a pre-existing antenna if it is on the same rooftop, façade, or other surface and the centerpoint of the new antenna is within ten feet of the centerpoint of the Federal Communications Commission DA 15-6 6 pre-existing antenna. A deployment causes no new ground disturbance when the depth and width of previous disturbance exceeds the proposed construction depth and width by at least two feet. * * * * * FEDERAL COMMUNICATIONS COMMISSION Roger C. Sherman Chief Wireless Telecommunications Bureau