Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[ET Docket No. 93-62; FCC 96-487]

Guidelines for Evaluating the Environmental Effects of

Radiofrequency Radiation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This First Memorandum Opinion and Order (``MO&O'') amends the

Commission's Rules to extend the transition period for applicants and

station licensees to determine compliance with our new requirements for

evaluating the environmental effects of radiofrequency (RF)

electromagnetic fields from transmitters regulated by the Federal

Communications Commission (FCC). For most radio services, the

transition period is extended by eight months to September 1, 1997. For

the Amateur Radio Service the transition period is extended to January

1, 1998. The extensions are necessary to allow applicants and licensees

adequate time to understand and implement requirements for ensuring

compliance with RF exposure guidelines adopted by the FCC in August of

1996.

EFFECTIVE DATES: January 22, 1997.

FOR FURTHER INFORMATION CONTACT: Robert Cleveland or Richard Engelman,

Office of Engineering and Technology, Federal Communications

Commission, (202) 418-2464.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First

Memorandum Opinion and Order (First MO&O) in ET Docket 93-62, FCC 96-

487, adopted December 23, 1996, and released December 24, 1996. The

complete text of the First MO&O is available for inspection and copying

during business hours in the FCC Reference Center (Room 239), 1919 M

Street, N.W., Washington, D.C., and also may be purchased from the

Commission's copy contractor, International Transcription Services,

Inc., (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C.

20037. The text of the First MO&O can also be viewed and downloaded

from the World Wide Web site of the FCC's Office of Engineering and

Technology. The address is: www.fcc.gov/Bureaus/Engineering_

Technology/Orders/fcc96487.txt.

Summary of the First Memorandum Opinion and Order

1. On August 1, 1996, the FCC adopted a Report and Order, 61 FR

41006, August 7, 1996, in this proceeding which amended the FCC's rules

for evaluating the environmental effects of radiofrequency (RF)

electromagnetic fields produced by FCC-regulated transmitters.1

Human exposure to RF electromagnetic fields is one of several

environmental factors considered by the FCC in determining whether its

actions may adversely affect the quality of the human environment as

required by the National Environmental Policy Act (NEPA).2 The

FCC's Report and Order adopted new guidelines and methods for

evaluating human exposure to RF fields based on updated recommendations

from the National Council on Radiation Protection and Measurements

(NCRP) and the American National Standards Institute (ANSI).

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\1\ See Report and Order, ET Docket 93-62, 11 FCC Rcd 15123

(1996).

\2\ National Environmental Policy Act of 1969, 42 U.S.C. Section

4321, et seq.

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2. The Report and Order also provided a transition period for

applicants and stations to come into compliance with the new

guidelines. After considering the comments filed in this proceeding and

the impact of the new requirements, the FCC concluded that the new

requirements would apply to station applications filed after January 1,

1997, as described in the amended 47 CFR 1.1307(b)(4). Also,

recognizing that this relatively short transition period might cause

some difficulties for certain applicants, we gave our Bureaus delegated

authority for one year to address, through the granting of waivers or

similar actions, the specific needs of individual parties that make a

good-cause showing that they require additional time to comply with the

new guidelines.

3. Seventeen petitions for reconsideration and/or clarification, as

well as a motion for extension of the effective date, were filed in

response to the Report and Order. The petitioners ask that we extend

the transition period beyond January 1, 1997, arguing that the existing

transition period does not allow adequate time for affected parties to

achieve compliance with the new requirements. This request is supported

by comments filed by others in response to these petitions. In

addition, the Amateur Radio Relay League, Inc., (ARRL) requests that we

provide a reasonable transition period for compliance with the

requirements adopted in the Report and Order regarding amateur radio

license examinations and question pools.

4. Opposition to the proposals to extend the transition period was

filed by several groups. These latter parties generally argue that an

extension could result in adverse public health risks and would allow

the continued proliferation of facilities that do not comply with the

new requirements.

5. The Commission has decided to grant the petitioners' request to

extend the transition period. We are extending the transition period so

that the new RF guidelines will apply to station applications filed

after September 1,

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1997, as described in Section 1.1307(b)(4) of the rules. When we

adopted the Report and Order, we anticipated that it might cause

difficulties for certain applicants to have to determine compliance

with the new RF guidelines by January 1, 1997. Accordingly, we gave

delegated authority to our Bureaus to extend this transition period on

a case-by-case basis. Based on the petitions and comments we have now

received, it is clear that most station applicants will need additional

time to determine that they comply with the new requirements. An

extension of the transition period would eliminate the need for the

filing and granting of individual waiver requests, and would allow time

for our applicants and licensees to review the results of the decisions

we will be taking in the near future to address the other issues raised

in the petitions. It would also allow applicants to review the revised

Bulletin 65 and to make the necessary measurements or calculations to

determine that they are in compliance.

6. While we concur with petitioners who request that we extend the

transition period, we believe that it would be unnecessary, in most

circumstances, to extend the transition period for a full year or more.

At the same time, we do not concur with petitioners who suggest that

granting any extension of the transition period will have significant

adverse effects on public health. Accordingly, we are extending the

transition period for station applications until September 1, 1997.

7. We are also extending the transition period to January 1, 1998,

for amateur operators to come into compliance with the new

requirements. We see merit in the arguments expressed by the ARRL that,

due to the uniqueness of the Amateur Radio Service, additional time is

needed to ensure compliance. In particular, we note that amateur

stations can use a wide variety of equipment and antennas, and this can

make it very difficult to determine whether excessive RF

electromagnetic fields may be produced by individual stations.

Furthermore, all amateur radio stations in the past had been

categorically exempt from these regulations, and many amateur operators

may not be familiar with the new requirements and may need additional

time to determine how to perform correctly a routine environmental

evaluation.

8. With respect to amateur operator license examination

requirements, we agree with the arguments raised by the ARRL. The

volunteers recently released revised versions of two of the pools which

contain the required questions. Teachers and publishers are currently

incorporating the new material into training manuals and courses for

use by those preparing to take the examinations starting July 1, 1997.

Work is also underway to similarly revise the third and final question

pool for use starting July 1, 1998. We are, therefore, staying the

enforcement of the new examination provisions adopted in the Report and

Order in the amended 47 CFR Sec. 97.503(b) to July 1, 1997, with

respect to Element 2 and 3(A) examinations and to July 1, 1998, with

respect to Element 3(B) examinations. Recognizing that a relatively

short transition period might cause some difficulties for certain

applicants, we are delegating authority, as we did in the Report and

Order, to our Bureaus until July 1, 1998, to address the specific needs

of individual parties that make a good cause showing that they require

additional time to meet the new guidelines. Such relief could come

through waivers of our rules or through other similar actions.

9. The rules we are adopting temporarily relieve existing

restrictions. Pursuant to 5 U.S.C. Secs. 553(d)(1) and 553(d)(3), we

find that good cause exists to make these rules effective immediately

rather than to follow the normal practice of making them effective 30

days after publication in the Federal Register. This will permit all

parties filing applications during the next 30 days to take advantage

of the extension of the transition periods. Accordingly, pursuant to

the authority contained in Sections 4(i), 7(a), 303(c), 303(f), 303(g),

303(r) and 332(c)(7) of the Communications Act of 1934, as amended, 47

U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), 303(r) and

332(c)(7), it is ordered that, effective upon adoption, Part 1 of the

Commission's Rules and Regulations, 47 CFR Part 1, is amended as

specified in rule changes.

10. It is further ordered that, to the extent discussed above and

as reflected in the new rules, certain aspects of the various petitions

and motions filed in this proceeding are granted. It is also ordered

that motions filed by the Ad-hoc Association of Parties Concerned about

the Federal Communications Commission's Radiofrequency Health and

Safety Rules (``Ad-hoc Association'') to accept a late-filed petition

for reconsideration, by the Ad-hoc Association to accept a late filed

reply to an opposition to a petition for reconsideration, and by the

Cellular Phone Taskforce to accept a late-filed opposition to petition

for reconsideration and clarification are granted. Because the

decisions we are taking in this proceeding relate specifically to

important public health issues, we believe that it is in the public

interest to consider these late-filed documents along with all of the

other timely petitions and comments in this proceeding. It is also

ordered that enforcement of the amendments to 47 CFR Secs. 97.503(b)(1)

and 97.503(b)(2) adopted in the Report and Order are stayed until July

1, 1997, and enforcement of the amendments to 47 CFR Sec. 97.503(b)(3)

is stayed until July 1, 1998.

Final Regulatory Flexibility Analysis

11. As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. Sec. 603 (RFA), an Initial Regulatory Flexibility Analysis

(IRFA) was incorporated in the Notice of Proposed Rule Making (Notice),

58 FR 19393, March 14, 1993.3 The Commission sought written public

comments on the proposals in the Notice, including on the IRFA. In the

Report and Order in this proceeding, the Commission adopted a Final

Regulatory Flexibility Analysis (FRFA).4 Petitions for

reconsideration were filed in response to the Report and Order by

seventeen parties. Several technical and legal issues have been raised

in the petitions and subsequent comments. In addition, several

petitions have raised questions about the original FRFA. This First

Memorandum Opinion and Order addresses those petitions and comments

requesting extension of the transition period specified in the Report

and Order. We intend to address the other issues raised in the

petitions in a separate action in the very near future. This FRFA

addresses the impact of the extension of the transition period as well

as the comments that were made on the original FRFA contained in the

Report and Order. The FRFA conforms to the RFA, as amended by the

Contract With America Advancement Act of 1996 (CWAAA), Public Law No.

104-121, 110 Stat. 847 (1996).5

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\3\ See Notice of Proposed Rule Making, ET Docket No. 93-62, 8

FCC Rcd 2849 (1993).

\4\ See Appendix A to Report and Order, ET Docket 93-62, 11 FCC

Rcd 15123 (1996), 61 FR 41006 (August 7, 1996).

\5\ Subtitle II of the CWAAA is ``The Small Business Regulatory

Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.

Sec. 601 et seq.

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12. Need for and Purpose of This Action

The National Environmental Policy Act (NEPA) of 1969 requires

agencies of the Federal Government to evaluate the effects of their

actions on the quality of the human environment. To meet its

responsibilities under NEPA, the Commission has adopted revised

[[Page 3234]]

radiofrequency (RF) exposure guidelines for purposes of evaluating

potential environmental effects of RF electromagnetic fields produced

by FCC-regulated facilities. The new guidelines reflect more recent

scientific studies of the biological effects of RF electromagnetic

fields. Based on the petitions and comments received in response to the

Report and Order, it is clear that most station applicants need

additional time to understand the new requirements and determine that

they comply with them. This First Memorandum Opinion and Order

addresses those needs.

13. Summary of Issues Raised by the Public Comments in Response to the

Initial Regulatory Flexibility Analysis

No comments were filed in direct response to the IRFA. In general

comments on the Notice, however, some commenters raised issues that

might affect small entities. These issues were discussed in the FRFA

contained in the Report and Order in this proceeding.

14. Summary of Issues Raised Regarding the Final Regulatory Flexibility

Analysis (FRFA) by the Petitions, Motions, and Comments in Response to

the Report and Order

The American Radio Relay League, Inc. (ARRL), points out that we

did not consider in the original FRFA the impact that new amateur

operator license examination requirements would have on the ARRL and

other Volunteer Examiner Coordinators (VEC), which the ARRL alleges

should be treated as small business entities. 6 The ARRL expresses

particular concern that the new rules, which were effective

immediately, required that additional questions be added to the amateur

operator license examinations. The ARRL indicates that the examinations

now in circulation do not contain the requisite number of questions,

and it would be impossible for the thousands of volunteer examiners

(VEs) to comply with the new requirements unless they are given time to

implement them. The ARRL requests that the implementation dates for the

new examination requirements be extended to July 1, 1997, for certain

examinations and to July 1, 1998, for other examinations. The ARRL

maintains that such an extension would permit the VECs to make the

required changes as they are routinely revising the existing

examinations.

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\6\ See ARRL ``Motion for Extension of Effective Date of

Rules,'' filed on November 7, 1996, at 1-6.

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15. Paging Network, Inc. (PageNet) and the Personal Communications

Industry Association (PCIA) maintain that the original FRFA

underestimates the number of transmitters that will require a

determination of compliance with the new rules and the associated

burden on communications carriers.7 PCIA notes that the original

FRFA indicates that we receive only 10,000 paging applications a year,

and calculates that only 1176 will be subject to routine environmental

evaluation. According to PCIA, however, many paging facilities can be

constructed without prior Commission authorization and, therefore,

significant numbers of facilities are built annually that are not

included in the 10,000 total. Further, PCIA continues, some of those

10,000 applications are renewal applications that may cover hundreds of

sites, and the assumption that only 11% will require evaluation does

not appear to be accurate. PCIA notes that initial feedback from

carriers indicates that a substantially higher number of applications

will require routine evaluation. PCIA also calls our estimate of one

burden hour per routine evaluation ``unrealistic.'' Instead, PCIA

maintains, the process of evaluation may possibly involve a site visit

and field measurements, which can take 24 hours.

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\7\ PageNet Petition at 2-3, PCIA Petition at 11.

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16. These comments have been considered during the preparation of

this revised FRFA, as indicated in Section IV below. In addition, as

discussed in Section V, we have taken certain steps to address the

concerns raised regarding the amount of burden imposed by these rules.

17. Description and Estimate of the Small Entities Subject to the

Rules.

The rules being adopted in this First Memorandum Opinion and Order

apply to the following eleven industry categories and services. The RFA

generally defines the term ``small business'' as having the same

meaning as the term ``small business concern'' under the Small Business

Act, 15 U.S.C. Sec. 632. Based on that statutory provision, we will

consider a small business concern one which (1) is independently owned

and operated; (2) is not dominant in its field of operation; and (3)

satisfies any additional criteria established by the Small Business

Administration (SBA). The RFA SBREFA provisions also apply to nonprofit

organizations and to governmental organizations. Since the Regulatory

Flexibility Act amendments were not in effect until the record in this

proceeding was closed, the Commission was unable to request information

regarding the number of small business within each of these services or

the number of small business that would be affected by this action. We

have, however, made estimates based on our knowledge about applications

that have been submitted in the past. To the extent that a government

entity may be a licensee or an applicant, the impact on those entities

is included in the estimates for small businesses below.

18. Under the new rules adopted in the Report and Order, many radio

services are categorically excluded from having to determine compliance

with the new RF exposure limits. This exclusion is based on a

determination that there is little potential for these services causing

exposures in excess of the limits. Within the following services that

are not categorically excluded in their entirety, many transmitting

facilities are categorically excluded based on antenna location and

power. These categorical exclusions significantly reduce the burden

associated with these rules, and may reduce the impact of these rules

on small businesses. Furthermore, the extension of the transition

periods contained in this First Memorandum Opinion and Order will

reduce the impact on applicants, particularly small businesses, by

allowing them adequate time to understand the new requirements and

ensure that their facilities are in compliance with them in a orderly

and reasonable manner.

A. Cellular Radio Telephone Service

19. The Commission has not developed a definition of small entities

applicable to cellular licensees. Therefore, the applicable definition

of small entity is the definition under the Small Business

Administration (SBA) rules applicable to radiotelephone companies. This

definition provides that a small entity is a radiotelephone company

employing fewer than 1,500 persons.8 Since the Regulatory

Flexibility Act amendments were not in effect until the record in this

proceeding was closed, the Commission was unable to request information

regarding the number of small cellular businesses and is unable at this

time to make a precise estimate of the number of cellular firms which

are small businesses.

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\8\ 13 CFR Sec. 121.201, Standard Industrial Classification

(SIC) Code 4812.

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20. The size data provided by the SBA does not enable us to make a

meaningful estimate of the number of cellular providers which are small

entities because it combines all radiotelephone

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companies with 500 or more employees.9 We therefore used the 1992

Census of Transportation, Communications, and Utilities, conducted by

the Bureau of the Census, which is the most recent information

available. That census shows that only 12 radiotelephone firms out of a

total of 1,178 such firms which operated during 1992 had 1,000 or more

employees.10 Therefore, even if all 12 of these large firms were

cellular telephone companies, all of the remainder were small

businesses under the SBA's definition. We assume that, for purposes of

our evaluations and conclusions in the Final Regulatory Flexibility

Analysis, all of the current cellular licensees are small entities, as

that term is defined by the SBA. Although there are 1,758 cellular

licenses, we do not know the number of cellular licensees, since a

cellular licensee may own several licenses.

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\9\ U.S. Small Business Administration 1992 Economic Census

Employment Report, Bureau of the Census, U.S. Department of

Commerce, SIC Code 4812 (radiotelephone communications industry data

adopted by the SBA Office of Advocacy).

\10\ U.S. Bureau of the Census, U.S. Department of Commerce,

1992 Census of Transportation, Communications, and Utilities, UC92-

S-1, Subject Series, Establishment and Firm Size, Table 5,

Employment Size of Firms: 1992, SIC Code 4812 (issued May 1995).

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21. We assume that all of the current rural cellular licensees are

small businesses. Two small business associations filed comments in our

proceeding on ``Revision of the Commission's Rules to Ensure

Compatibility with Enhanced 911 Emergency Calling Systems'' of

relevance. The Organization for the Protection and Advancement of Small

Telephone Companies (OPASTCO) states that 2/3 of its 440 members

provide cellular service.11 The Rural Cellular Association (RCA)

states that its members serve 80 cellular service areas.12 We

recognize that these numbers represent only part of the current rural

cellular licensees because there might be other rural companies not

represented by either association.

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\11\ OPASTCO Comments at 1-2, CC Docket No. 94-102, filed

January 9, 1995.

\12\ RCA Comments at 2, CC Docket No. 94-102, filed January 9,

1995.

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22. The Commission processes roughly 700 applications for cellular

transmitters facilities, involving 7,000 site locations, per year.

Because we do not require licensees to provide us with site

information, we cannot predict precisely how many of these applications

will exceed our categorical exclusion criteria. However, we estimate

that approximately 2,800 transmitting facilities will exceed the

categorical exclusion criteria and will require a determination of

compliance with the new RF exposure limits, based on calculations or

measurements.

B. Personal Communications Service (PCS)

23. The broadband PCS spectrum is divided into six frequency blocks

designated A through F. Pursuant to 47 CFR Sec. 24.720(b), the

Commission has defined ``small entity'' for Blocks C and F licensees as

firms that had average gross revenues of less than $40 million in the

three previous calendar years. This regulation defining ``small

entity'' in the context of broadband PCS auctions has been approved by

the SBA. 13

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\13\ See Implementation of Section 309(j) of the Communications

Act--Competitive Bidding, PP Docket No. 93-253, Fifth Report and

Order, 9 FCC Rcd 5532, 5581-84 (1994).

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24. The Commission has auctioned broadband PCS licenses in Blocks

A, B, and C. We do not have sufficient data to determine how many small

businesses under the Commission's definition bid successfully for

licenses in Blocks A and B. As of now, there are approximately 90 non-

defaulting winning bidders that qualify as small entities in the Block

C auctions. Based on this information, we conclude that the number of

broadband PCS licensees affected by the rule adopted in this Report and

Order includes the 90 non-defaulting winning bidders that qualify as

small entities in the Block C broadband PCS auction.

25. At present, no licenses have been awarded for Blocks D, E, and

F for spectrum. Therefore, there are no small businesses currently

providing these services. However, a total of 1,479 licenses will be

awarded in the D, E, and F Block broadband PCS auctions, which have

started. Eligibility for the 493 F Block licensees is limited to

``entrepreneurs'' with the average gross revenues of less than $125

million in the last two years. However, we cannot estimate how many

small businesses under the Commission's definition will win F Block

licenses, or D and E Block licenses. Given the fact that nearly all

radiotelephone companies have fewer than 1,000 employees and that no

reliable estimate of the number of prospective D, E, and F Block

licensees can be made, we assume, for purposes of our evaluations and

conclusions in this FRFA, that all of the licenses will be awarded to

small entities, as that term is defined by the SBA.

26. After all PCS licenses have been issued, the Commission expects

to receive approximately 1,000 applications per year involving 10,000

sites. Because we do not require licensees to provide us with site

information, we cannot predict precisely how many of these applications

will exceed our categorical exclusion criteria. However, we estimate

that approximately 3000 sites will not meet the categorical exclusion

criteria and will involve a determination of compliance with the RF

exposure guidelines.

C. Private Land Mobile Radio Services, Specialized Mobile Radio (SMR)

27. Pursuant to 47 CFR Sec. 90.814(b)(1), the Commission has

defined ``small entity'' for geographic area 800 MHz and 900 MHz SMR

licenses as firms that had average gross revenues of less than $15

million in the three previous calendar years. This regulation defining

``small entity'' in the context of 800 MHz and 900 MHz SMR has been

approved by the SBA.14

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\14\ See Amendment of Parts 2 and 90 of the Commission's Rules

to Provide for the Use of 200 Channels Outside the Designated Filing

Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the

Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Order on

Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2693-

702 (1995); Amendment of Part 90 of the Commission's Rules to

Facilitate Future Development of SMR Systems in the 800 MHz

Frequency Band, PR Docket No. 93-144, First Report and Order, Eighth

Report and Order, and Second Further Notice of Proposed Rulemaking,

11 FCC Rcd 1463 (1995).

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28. The rule adopted in the Report and Order applied only to

certain ``covered'' SMR providers in the 800 MHz and 900 MHz bands that

either hold geographic area licenses or have obtained extended

implementation authorizations. We do not know how many firms provide

800 MHz or 900 MHz geographic area SMR service pursuant to extended

implementation authorizations, nor how many of these providers have

average gross revenues of less than $15 million. Since the Regulatory

Flexibility Act amendments were not in effect until the record in this

proceeding was closed, the Commission was unable to request information

regarding the number of small businesses in this category. We do know

that one of these firms has over $15 million in average gross revenues.

We assume, for purposes of our evaluations and conclusions in this

FRFA, that the remaining existing extended implementation

authorizations may be held by small entities, as that term is defined

by the SBA.

29. The Commission recently held auctions for geographic area

licenses in the 900 MHz SMR band. There were 60

[[Page 3236]]

winning bidders who qualified as small entities under the Commission's

definition in the 900 MHz auction. Based on this information, we

conclude that the number of geographic area SMR licensees affected by

the rule adopted in the Report and Order includes these 60 small

entities.

30. No auctions have been held for 800 MHz geographic area SMR

licenses. Therefore, no small entities currently hold these licenses. A

total of 525 licenses will be awarded for the upper 200 channels in the

800 MHz geographic area SMR auction. However, the Commission has not

yet determined how many licenses will be awarded for the lower 230

channels in the 800 MHz geographic area SMR auction. There is no basis

to estimate, moreover, how many small entities within the SBA's

definition will win these licenses. Given the facts that nearly all

radiotelephone companies have fewer than 1,000 employees and that no

reliable estimate of the number of prospective 800 MHz licensees can be

made, we assume, for purposes of our evaluations and conclusions in

this FRFA, that all of the licenses will be awarded to small entities,

as that term is defined by the SBA.

31. The Commission receives about 3,000 applications for covered

SMR transmitters facilities per year. We do not have adequate

information to predict precisely how many of these applications will

exceed our categorical exclusion criteria. However, we estimate that

approximately 1,000 transmitters will exceed categorical exclusion

criteria and will require a determination of compliance.

D. Satellite Communications Services

32. The Commission has not developed a definition of small entities

applicable to satellite communications licensees. Therefore, the

applicable definition of small entity is the definition under the Small

Business Administration (SBA) rules applicable to Communications

Services, Not Elsewhere Classified. This definition provides that a

small entity is expressed as one with $11.0 million or less in annual

receipts.15

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\15\ 13 CFR Sec. 121.201, Standard Industrial Classification

(SIC) Code 4899.

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33. Because the Regulatory Flexibility Act amendments were not in

effect until the comment period for this proceeding was closed, the

Commission was unable to request information regarding the number of

licensees in the international services discussed below that meet this

definition of a small business. Thus, we are providing an estimate of

licensees that constitute a small business.

34. Fixed Satellite Earth Stations. Fixed satellite earth stations

include international and domestic earth stations operating in the 4/6

GHz AND 11/12/14 GHz bands. There are approximately 4200 earth station

authorizations, a portion of which are Fixed Satellite Earth Stations.

Although we were unable to request the revenue information, we estimate

that some of the licensees of these earth stations would constitute a

small business under the SBA definition.

35. Fixed Satellite Small Earth Stations. Small transmit/receive

earth stations operate in the 4/6 GHz frequency bands with antennas

that are two meters or less in diameter. There are 4200 earth station

authorizations, a portion of which are Fixed Satellite Small Earth

Stations. Although we were unable to request the revenue information,

we estimate that some of the fixed satellite small earth stations would

constitute a small business under the SBA definition.

36. Fixed Satellite Very Small Aperture Terminal (VSAT) Systems.

VSAT systems operate in the 12/14 GHz frequency bands. Although various

size small earth stations may be used, all stations of a particular

size must be technically identical. Because these stations operate on a

primary basis, frequency coordination with terrestrial microwave

systems is not required. Thus, a single ``blanket'' application may be

filed for a specified number of small antennas and one or more hub

stations. The Commission has processed 377 applications for fixed

satellite VSAT systems. At this time, we are unable to make a precise

estimate of the number of small businesses that are VSAT system

licensees and could be impacted by this action.

37. Mobile Satellite Earth Stations. Mobile satellite earth

stations are intended to be used while in motion or during halts at

unspecified points. These stations operate as part of a network that

includes a fixed hub station or stations. The network may provide a

variety of land, maritime and aeronautical voice and data services.

There are 2 mobile satellite licensees. At this time, we are unable to

make a precise estimate of the number of small businesses that are

mobile satellite earth station licensees and could be impacted by this

action.

38. Radio Determination Satellite Earth Stations. A radio

determination satellite earth station is used in conjunction with a

radio determination satellite service (rdss) system for the purpose of

providing position location information. These stations operate as part

of a network that includes a fixed hub station or stations and operate

in the frequency bands (1610-1626.5 MHz and 2483.5-2500 MHz) allocated

to rdss. There are 4 licensees. At this time, we are unable to make a

precise estimate of the number of small businesses that are radio

determination satellite earth station licensees and could be impacted

by the forfeiture guidelines.

39. It should be noted that in most of the satellite areas

discussed above, the Commission issues one license to an entity but

generally issues blanket license authority for thousands or even

hundreds of thousands of earth stations or hand held transceivers.

Overall, the Commission receives about 600 applications for satellite

facilities per year. All applicants for satellite earth stations

(except for receive-only stations) must make a determination of

compliance with the limits, based on calculations or measurements.

E. Radio Broadcast Service

40. The extension of the transition period contained in this First

Memorandum Opinion and Order will apply to television broadcasting

licensees, radio broadcasting licensees and potential licensees of

either service. The Small Business Administration defines a television

broadcasting station that has no more than $10.5 million in annual

receipts as a small business.16 Television broadcasting stations

consist of establishments primarily engaged in broadcasting visual

programs by television to the public, except cable and other pay

television services.17 Included in this industry are commercial,

religious, educational, and other television stations.18 Also

included are establishments primarily engaged in television

broadcasting and which produce taped television program

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materials.19 Separate establishments primarily engaged in

producing taped television program materials are classified under

another SIC number.20 There were 1,509 television stations

operating in the nation in 1992.21 That number has remained fairly

constant as indicated by the approximately 1,550 operating television

broadcasting stations in the nation as of August, 1996.22 For 1992

23 the number of television stations that produced less than $10.0

million in revenue was 1,155 establishments.24

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\16\ 13 CFR Sec. 121.201, Standard Industrial Code (SIC) 4833

(1996).

\17\ Economics and Statistics Administration, Bureau of Census,

U.S. Department of Commerce, 1992 ``CENSUS OF TRANSPORTATION,

COMMUNICATIONS AND UTILITIES, ESTABLISHMENT AND FIRM SIZE,'' Series

UC92-S-1, Appendix A-9 (1995).

\18\ Id. See Executive Office of the President, Office of

Management and Budget, Standard Industrial Classification Manual

(1987), at 283, which describes ``Television Broadcasting Stations

(SIC Code 4833) as:

Establishments primarily engaged in broadcasting visual programs

by television to the public, except cable and other pay television

services. Included in this industry are commercial, religious,

educational and other television stations. Also included here are

establishments primarily engaged in television broadcasting and

which produce taped television program materials.

\19\ Economics and Statistics Administration, Bureau of Census,

U.S. Department of Commerce, 1992 ``CENSUS OF TRANSPORTATION,

COMMUNICATIONS AND UTILITIES, ESTABLISHMENT AND FIRM SIZE,'' Series

UC92-S-1, Appendix A-9 (1995).

\20\ Id. SIC 7812 (Motion Picture and Video Tape Production);

SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services

(producers of live radio and television programs).

\21\ FCC News Release No. 31327, Jan. 13, 1993; Economics and

Statistics Administration, Bureau of Census, U.S. Department of

Commerce, supra. note 78, Appendix A-9.

\22\ FCC News Release No. 64958, Sept. 6, 1996.

\23\ Census for Communications' establishments are performed

every five years ending with a ``2'' or ``7''. See Economics and

Statistics Administration, Bureau of Census, U.S. Department of

Commerce, supra. note 78, III.

\24\ The amount of $10 million was used to estimate the number

of small business establishments because the relevant Census

categories stopped at $9,999,999 and began at $10,000,000. No

category for $10.5 million existed. Thus, the number is as accurate

as it is possible to calculate with the available information.

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41. Additionally, the Small Business Administration defines a radio

broadcasting station that has no more than $5 million in annual

receipts as a small business.25 A radio broadcasting station is an

establishment primarily engaged in broadcasting aural programs by radio

to the public.26 Included in this industry are commercial

religious, educational, and other radio stations.27 Radio

broadcasting stations which primarily are engaged in radio broadcasting

and which produce radio program materials are similarly

included.28 However, radio stations which are separate

establishments and are primarily engaged in producing radio program

material are classified under another SIC number.29 The 1992

Census indicates that 96 percent (5,861 of 6,127) radio station

establishments produced less than $5 million in revenue in 1992.30

Official Commission records indicate that 11,334 individual radio

stations were operating in 1992.31 As of August, 1996, official

Commission records indicate that 12,088 radio stations were

operating.32

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\25\ 13 CFR Sec. 121.201, SIC 4832.

\26\ Economics and Statistics Administration, Bureau of Census,

U.S. Department of Commerce, supra. note 78, Appendix A-9.

\27\ Id.

\28\ Id.

\29\ Id.

\30\ The Census Bureau counts radio stations located at the same

facility as one establishment. Therefore, each co-located AM/FM

combination counts as one establishment.

\31\ FCC News Release No. 31327, Jan. 13, 1993.

\32\ FCC News Release No. 64958, Sept. 6, 1996.

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42. Thus, the proposed rules will affect approximately 1,550

television stations; approximately 1,194 of those stations are

considered small businesses.33 Additionally, the proposed rules

will affect 12,088 radio stations, approximately 11,605 of which are

small businesses.34 These estimates may overstate the number of

small entities since the revenue figures on which they are based do not

include or aggregate revenues from non-television or non-radio

affiliated companies. We recognize that the proposed rules may also

impact minority and women owned stations, some of which may be small

entities. In 1995, minorities owned and controlled 37 (3.0%) of 1,221

commercial television stations and 293 (2.9%) of the commercial radio

stations in the United States.35 According to the U.S. Bureau of

the Census, in 1987 women owned and controlled 27 (1.9%) of 1,342

commercial and non-commercial television stations and 394 (3.8%) of

10,244 commercial and non-commercial radio stations in the United

States.36 We recognize that the numbers of minority and women

broadcast owners may have changed due to an increase in license

transfers and assignments since the passage of the 1996 Act.

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\33\ We use the 77 percent figure of TV stations operating at

less than $10 million for 1992 and apply it to the 1996 total of

1550 TV stations to arrive at 1,194 stations categorized as small

businesses.

\34\ We use the 96% figure of radio station establishments with

less than $5 million revenue from the Census data and apply it to

the 12,088 individual station count to arrive at 11,605 individual

stations as small businesses.

\35\ ``Minority Commercial Broadcast Ownership in the United

States'', U.S. Dep't of Commerce, National Telecommunications and

Information Administration, The Minority Telecommunications

Development Program (``MTDP'') (April 1996). MTDP considers minority

ownership as ownership of more than 50% of a broadcast corporation's

stock, voting control in a broadcast partnership, or ownership of a

broadcasting property as an individual proprietor. Id. The minority

groups included in this report are Black, Hispanic, Asian, and

Native American.

\36\ See Comments of American Women in Radio and Television,

Inc. in MM Docket No. 94-149 and MM Docket No. 91-140, at 4 n.4

(filed May 17, 1995), citing 1987 Economic Censuses, ``Women-Owned

Business,'' WB87-1, U.S. Dep't of Commerce, Bureau of the Census,

August 1990 (based on 1987 Census). After the 1987 Census report,

the Census Bureau did not provide data by particular communications

services (four-digit Standard Industrial Classification (SIC) Code),

but rather by the general two-digit SIC Code for communications

(#48). Consequently, since 1987, the U.S. Census Bureau has not

updated data on ownership of broadcast facilities by women, nor does

the FCC collect such data. However, we sought comment on whether the

Annual Ownership Report Form 323 should be amended to include

information on the gender and race of broadcast license owners.

``Policies and Rules Regarding Minority and Female Ownership of Mass

Media Facilities,'' Notice of Proposed Rulemaking, 10 FCC Rcd 2788,

2797 (1995).

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43. In addition to owners of operating radio and television

stations, any entity who seeks or desires to obtain a television or

radio broadcast license may be affected by the rules adopted in this

action. The number of entities that may seek to obtain a television or

radio broadcast license is unknown.

44. The Commission receives about 1,800 applications for broadcast

facilities per year. All applicants must make a determination of

compliance with the limits, either by calculation or measurement.

F. Stations in the Maritime Services

45. The Report and Order required licensees and applicants for ship

satellite earth terminals to make a determination of compliance with

the new RF exposure requirements. The Commission has not developed a

definition of small entities applicable to ship satellite earth station

licensees. Therefore, the applicable definition of small entity is the

definition under the Small Business Administration (SBA) rules

applicable to radiotelephone companies. This definition provides that a

small entity is a radiotelephone company employing fewer than 1,500

persons.

46. Ship mobile satellite service (MSS) stations are similar to

mobile satellite earth stations, as discussed above, except that earth

stations are aboard maritime vessels rather than traditional earth

stations in the MSS. In the area of ship MSS, the Commission has two

pending licensees for operation of the satellite service, one of which

can be considered small business.

47. The Commission receives about 272 applications for ship earth

stations per year. All applicants must make a determination of

compliance with the new RF exposure limits.

G. Experimental, Auxiliary, and Special Broadcast and Other Program

Distribution Services

48. This service involves a variety of transmitters, generally used

to relay broadcast programming to the public (through translator and

booster stations) or within the program distribution chain (from a

remote news gathering unit back to the station). It also includes

[[Page 3238]]

Instructional Television Fixed Service stations, which are used to

relay programming to the home or office, similar to that provided by

cable television systems. The Commission has not developed a definition

of small entities applicable to broadcast auxiliary licensees.

Therefore, the applicable definition of small entity is the definition

under the Small Business Administration (SBA) rules applicable to

radiotelephone companies. This definition provides that a small entity

is a radiotelephone company employing fewer than 1,500 persons.

49. Our computer databases show that there are 532 FM translator

and booster stations, 4,152 low power TV, TV translators and TV booster

stations, and 142 Instructional Television Fixed Service (ITFS)

stations which are not categorically excluded from complying with the

new RF exposure requirements adopted in the Report and Order.37

All of these stations would be impacted by the extension of the

transition period being adopted in this action. The FCC does not

collect financial information on any broadcast facility and the

Department of Commerce does not collect financial information on these

auxiliary broadcast facilities. We believe, however, that most, if not

all, of these auxiliary facilities, including Low Power TV stations,

could be classified as small businesses by themselves. We also

recognize that many translators and boosters are owned by a parent

station which, in some cases, would be covered by the revenue

definition of small business entity discussed above. These stations

would likely have annual revenues that exceed the SBA maximum to be

designated as a small business (either $5 million for a radio station

or $10.5 million for a TV station). As we indicated earlier, 96% of

radio stations and 77% of TV stations are designated as small.

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\37\ Low power TV, TV translators and boosters, and FM

translators and boosters are categorically excluded if their power

is less than or equal to 100 watts. ITFS stations are categorically

excluded if their power is less than 1640 watts EIRP or if the

center of their antenna is more than 10 meters above ground and the

antenna is not located on a rooftop. See 47 CFR Sec. 1.1307(b)(1).

Our database records do not indicate how many of the 142 ITFS

stations that are authorized more than 1640 watts operate with non-

rooftop antennas. According to the FCC news release, ``Broadcast

Station Totals as of June 30, 1996'', released July 10, 1996, there

are a total of 2,637 FM translator and booster stations, 4,910 TV

translator and booster stations, and 1,903 low power TV stations.

There are also 2,032 ITFS licensees.

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50. The approximate number of annual applications processed by the

Commission for this service is 1,032. We do not have adequate

information to predict precisely how many of these applications will

exceed our categorical exclusion criteria. However, based on our

existing database records, we would expect that 42% of these

applications would be required to have a determination made regarding

compliance with the new RF exposure limits.

H. Multipoint Distribution Service (MDS)

51. This service involves a variety of transmitters, which are most

commonly used to deliver programming to subscribers of wireless cable

systems, similar to that provided by cable television systems. The

Commission has refined the definition of ``small entity'' for the

auction of MDS as an entity that together with its affiliates has

average gross annual revenues that are not more than $40 million for

the preceding three calendar years.38 This definition of a small

entity in the context of MDS auctions has been approved by the

SBA.39

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\38\ 47 CFR Sec. 21.961(b)(1).

\39\ See ``Amendment of Parts 21 and 74 of the Commission's

Rules With Regard to Filing Procedures in the Multipoint

Distribution Service and in the Instructional Television Fixed

Service and Implementation of Section 309(j) of the Communications

Act--Competitive Bidding,'' MM Docket No. 94-31 and PP Docket No.

93-253, Report and Order, 10 FCC Rcd 9589 (1995).

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52. The Commission completed its MDS auction in March 1996 for

authorizations in 493 basic trading areas (BTAs). Of 67 winning

bidders, 61 qualified as small entities. Five bidders indicated that

they were minority-owned and four winners indicated that they were

women-owned businesses. MDS is a service heavily encumbered with

approximately 1,573 previously authorized and proposed MDS facilities

and information available to us indicates that no MDS facility

generates revenue in excess of $11 million annually. We conclude that

for purposes of this FRFA, there are approximately 1,634 small MDS

providers as defined by the SBA and the Commission's auction rules.

53. The approximate number of annual applications processed by the

Commission for MDS is 900. We do not have adequate information to

predict precisely how many of these applications will exceed our

categorical exclusion criteria. However, we estimate that approximately

113 will not meet the categorical exclusion criteria and have to make a

determination of compliance with the RF exposure limits.

I. Paging and Radiotelephone Service, and Private Land Mobile Radio

Services, Paging Operations

54. Since the Commission has not yet approved a small entities

definition for paging services, we will utilize the SBA's definition

applicable to radiotelephone companies, i.e., an entity employing less

than 1,500 persons.

55. The Commission anticipates that a total of 16,754 non-

nationwide geographic area licenses will be granted or auctioned. The

geographic area licenses will consist of 2,754 MTA licenses and 14,000

EA licenses. In addition to the 47 Rand McNally MTAs, the Commission is

licensing Alaska as a separate MTA and adding three MTAs for the U.S.

territories, for a total of 51 MTAs. No auctions of paging licenses

have been held yet, and there is no basis to determine the number of

licenses that will be awarded to small entities. Given the fact that

nearly all radiotelephone companies have fewer than 1,000 employees,

and that no reliable estimate of the number of prospective paging

licensees can be made, we assume, for purposes of this FRFA, that all

the 16,754 geographic area paging licenses will be awarded to small

entities, as that term is defined by the Small Business Administration

(SBA).

56. We estimate that the approximately 600 current paging carriers

could take the opportunity to partition and/or disaggregate a license

to obtain an additional license through partitioning or disaggregation.

We estimate that up to 52,062 licensees or potential licensees could

take the opportunity to partition and/or disaggregate a license or

obtain a license through partitioning or disaggregation. This number is

based on the total estimate of paging carriers (approximately 600) and

non-nationwide geographic area licenses to be awarded (16,754) and our

estimate that each license will probably not be partitioned and/or

disaggregated to no more than three parties. Given the fact that nearly

all radiotelephone companies have fewer than 1,000 employees, and that

no reliable estimate of the number of future paging licensees can be

made, we assume for purposes of this FRFA that all of the licensees

will be awarded to small businesses. We believe that it is possible

that a significant number of up to approximately 52,062 licensees or

potential licensees who could take the opportunity to partition and/or

disaggregate a license or who could obtain a license through

partitioning

[[Page 3239]]

and/or disaggregation will be a small business.

57. In our original FRFA, we indicated that we receive about 10,000

applications for paging facilities per year; 1,176 transmitters were

expected to exceed the categorical exclusion. PageNet and PCIA have

commented that these numbers underestimate the impact on paging

carriers. PCIA notes that many paging facilities can be constructed

without prior Commission authorization, and therefore significant

numbers of paging facilities are built annually that are not included

in the 10,000 count. PCIA questions our initial estimate that 11% of

the applications would require routine evaluations, and believes most

of these routine evaluations would involve field measurements that

could take around 24 hours to complete. Although both PageNet and PCIA

question our original analysis, neither party has submitted detailed

information on how many paging facilities they believe would be covered

under the new rules.

58. We have categorically excluded from routine environmental

evaluation all paging stations that operate with an ERP of 1000 watts

or less. We have also categorically excluded paging stations that use

antennas that are not located on a rooftop and are at least 10 meters

above ground. Paging is authorized under both Part 22 and Part 90 of

our rules. For Part 22 paging, we estimate that we receive 10,000

applications for paging stations per year, 2939 of these involve power

more than 1000 watts ERP. We believe that 40% of these would be located

on a rooftop. For Part 90 paging, we estimate that we receive 2,000

applications per year, 200 of which would be above 1000 watts. We

believe that 75% of these would be located on a rooftop. Virtually all

of the non-rooftop installations in both Parts 22 and 90 would use

antennas more that 10 meters above ground and, therefore, would be

categorically excluded.

59. As of January 1995, we have allowed paging licensees to

increase the ERP of their stations to 3500 watts without notifying us

as long as the service contour does not change. In addition, we do

require licensees to file information with respect to transmitters used

for contour fill-in. Therefore, it is impossible to determine precisely

the actual number of paging transmitters for which a routine

environmental evaluation will be required. However, if we presume that:

(1) for every application there are actually 2 transmitting facilities

(in some cases there will be more and in many cases there will only be

one facility); (2) only 10% of the ``fill in'' facilities will use more

than 1000 watts (because they are filling in the service, these

transmitters likely do not need as much power) but 75% of these will be

located on a rooftop; and (3) only 10% of those stations that were

initially 1000 watts or below ultimately increase their power (they

could have originally asked for more power if they needed it); then a

total of 2,643 paging stations per year would be subject to routine

environmental evaluation requirements.

60. We believe that many of the routine environmental evaluations

can be done rather quickly, by reviewing OET Bulletin 65, considering

the station and site configuration, and determining whether anyone

would have access to an area near enough to the antenna that the RF

exposure limits might be exceeded. These studies would take on the

order of 1-3 hours to complete per transmitter site. In some cases,

field measurements or more detailed calculations would be necessary,

especially if more than one transmitter is located in the same area.

The more detailed studies could take 24 hours, as suggested by PCIA.

J. Experimental Radio Service

61. The Commission has not developed a definition of small entities

applicable to experimental licensees. Therefore, the applicable

definition of small entity is the definition under the Small Business

Administration (SBA) rules applicable to radiotelephone companies. This

definition provides that a small entity is a radiotelephone company

employing fewer than 1,500 persons.40 Since the Regulatory

Flexibility Act amendments were not in effect until the record in this

proceeding was closed, the Commission was unable to request information

regarding the number of small experimental radio businesses and is

unable at this time to make a precise estimate of the number of

Experimental Radio Services which are small businesses.

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\40\ 13 CFR Sec. 121.201, Standard Industrial Classification

(SIC) Code 4812.

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62. The majority of experimental licenses are issued to companies

such as Motorola and Department of Defense contractors such as

Northrop, Lockheed and Martin Marietta. Businesses such as these may

have as many as 200 licenses at one time. The majority of these

applications, 70 percent, are from entities such as these. Given this

fact, the remaining 30 percent of applications, we assume, for purposes

of our evaluations and conclusions in this FRFA, will be awarded to

small entities, as that term is defined by the SBA.

63. The Commission processes approximately 1,000 applications a

year for experimental radio operations. About half or 500 of these are

renewals and the other half are for new licenses. We do not have

adequate information to predict precisely how many of these

applications will exceed our categorical exclusion criteria. However,

we estimate that approximately 500 of these applications will be

required to make an initial determination of compliance with our new RF

guidelines.

K. Amateur Radio Service Volunteer Examiner Coordinator (VECs)

64. In our original FRFA, we did not analyze the possible impact

and burden on Amateur Radio Service (ARS) VECs. The ARRL has commented

that our original FRFA is flawed because it fails to address the impact

of the rules on small business entities such as itself and one other

VEC.41 The Commission has not developed a definition for a small

business or small organization that is applicable for VECs. The RFA

defines the term ``small organization'' as meaning ``any not-for-profit

enterprise which is independently owned and operated and is not

dominant in its field . . .'' 42 Our rules do not specify the

nature of the entity that may act as a VEC.43 However, all of the

sixteen VEC organizations would appear to meet the RFA definition for

small organization. Consequently, we have now analyzed the burden

associated with this action on VECs.

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\41\ The ARRL/VEC and the W5YI-VEC are components of

organizations that publish materials marketed to persons for the

purpose of preparing for passing the examinations required for the

grant of an amateur operator license. This publishing activity,

however, is separate from their VEC activity.

\42\ 5 U.S.C. Sec. 601(4).

\43\ Our rules, however, require that a VEC be an organization

that has entered into a written agreement with the FCC to coordinate

the examinations for amateur operator licenses. The examinations are

prepared and administered by tens of thousands of amateur operators

who serve as VEs. The VEC organization must exist for the purpose of

furthering the amateur service, be capable of serving as a VEC in at

least one of the thirteen VEC regions, agree to coordinate the

examinations, agree to assure that every examinee is registered

without regard to race, sex, religion, national origin or membership

in any amateur service organization, and cooperate in maintaining

the question pools for the VEs. See 47 CFR Secs. 97.521 and 97.523,

which outline the qualifications for VECs and question pools.

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65. The VECs coordinate the activities of the VEs who prepare and

administer the Commission's amateur operator license examination

system. The administering VEs prepare written examinations using

questions drawn

[[Page 3240]]

from common question pools.44 The VEs also prepare the questions

for the question pools which are maintained by the VECs. The questions

in the pools are updated and revised periodically. In the Report and

Order, we required that new examination questions on RF safety be added

to the examinations. That requirement was made effective immediately.

In response to the Report and Order, the ARRL filed a petition

requesting that we allow the examinations to be modified according to

the VECs' normal revision schedule. We are adopting such an

implementation plan into this First Memorandum Opinion and Order. As a

result, the VECs can proceed with their normal schedule for soliciting

questions from the VEs and revising the question pools. The VECs,

therefore, will have a minimum burden in meeting the new requirements.

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\44\ See 47 CFR Sec. 97.507, which outlines the requirements for

preparing examinations for an amateur operator license.

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66. Summary of Projected Reporting, Recordkeeping and Other Compliance

Requirements

This First Memorandum Opinion and Order extends the transition

period associated with the new RF exposure rules that were adopted in

the Report and Order. There are no reporting, recordkeeping or other

compliance requirements associated with the extension of the transition

period and this action.

67. Steps Taken to Minimize the Economic Impact on Small Entities

We have made every effort to devise ways to minimize the impact of

the new RF exposure requirements on small entities, while protecting

the health and safety of the public. We have incorporated substantial

flexibility in the procedures to make compliance as minimally

burdensome as possible. In particular, we took the following steps in

the Report and Order to ease the impact on small businesses:

68. We created categorical exclusions that require only those

transmitters that appear to have the highest potential to create a

significant environmental effect to perform an environmental

evaluation.

69. We indicated that we would revise OST Bulletin No. 65 in the

near future to provide guidance for determining compliance with FCC-

specified RF limits. This should be of particular assistance to small

businesses since it will provide straightforward information that

should allow a quick understanding of the requirements and a quick

assessment of the potential for compliance problems without the need

for an expensive consultant or measurement.

70. We allowed various methods for ensuring compliance with RF

limits such as fencing, warning signs, labels, and markings, locked

doors in roof-top areas, and the use of personal monitors and RF

protective clothing in an occupational environment.

71. We rejected our initial proposal to adopt induced and contact

currents limits due to the lack of reliable equipment available.

72. We specified a variety of acceptable testing methods and

procedures that may be used to determine compliance. This will allow

each small business to choose a procedure that best meets its needs in

the manner that is least burdensome to it.

73. We have always allowed multiple transmitter sites, i.e.,

antenna farms, to pool their resources and have only one study done for

the entire site. This is very common at sites that have multiple

entities such as TV, FM, paging, cellular, etc. In most circumstances,

rather than each licensee hiring a separate consultant and submitting a

study showing their compliance with the guidelines, one consulting

radio technician or radio engineer can be hired by the group of

licensees. The consultant surveys the entire site for compliance and

gives his recommendations and findings to each of the licensees at the

site. The licensees can then use the findings to show their compliance

with the guidelines. In this way the cost of compliance is minimized as

no one licensee has to pay the entire consulting fee, rather just a

portion of it.

74. In this First Memorandum Opinion and Order, we have also taken

the following additional steps to reduce the burden on small businesses

and organizations:

75. We extended the transition period for station applicants to

come into compliance with the new requirements. This will give

licensees, and applicants for new stations many of which may be small

businesses, more time to learn the nature of the new requirements, make

studies to determine whether they comply, and take steps to come into

compliance if necessary.

76. We decided to permit the required changes in the ARS

examinations to be made as the examinations are being routinely

revised. This ensures that a minimal burden is put on the small

organizations acting as VECs.

77. Report to Congress

The Commission shall send a copy of this Final Regulatory

Flexibility Analysis, along with this Report and Order, in a report to

Congress pursuant to the Small Business Regulatory Enforcement Fairness

Act of 1996, 5 U.S.C. Sec. 801(a)(1)(A).

List of Subjects in 47 CFR Part 1

Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal Regulations, part 1, is amended as

follows:

PART 1--PRACTICE AND PROCEDURE

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

Authority: 47 U.S.C. 151, 154, 303 and 309(j) unless otherwise

noted.

2. Section 1.1307 is amended by revising the introductory text of

paragraph (b)(4) to read as follows:

Sec. 1.1307 Actions which may have a significant environmental effect,

for which Environmental Assessments (EAs) must be prepared.

* * * * *

(b) * * *

(4) Transition Provisions. For applications filed with the

Commission prior to September 1, 1997 (January 1, 1998 for the Amateur

Radio Service only), Commission actions granting construction permits,

licenses to transmit or renewals thereof, equipment authorizations, or

modifications in existing facilities require the preparation of an

Environmental Assessment if the particular facility, operation or

transmitter would cause human exposure to levels of radiofrequency

radiation that are in excess of the requirements contained in

paragraphs (b) (4)(i) through (4)(iii) of this section. These

transition provisions do not apply to applications for equipment

authorization or use of mobile, portable, and unlicensed devices

specified in paragraph (b)(2) of this section.

* * * * *

[FR Doc. 97-1350 Filed 1-21-97; 8:45 am]

BILLING CODE 6712-01-P