Streamlining the Antenna Structure Clearance Procedure and Revision of the Rules Concerning Construction, Marking, and Lighting of Antenna Structures

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 17, 21, 22, 23, 25, 73, 74, 78, 80, 87, 90, 94,

95, and 97

[WT Docket No. 95-5, FCC 95-16]

Streamlining the Antenna Structure Clearance Procedure and

Revision of the Rules Concerning Construction, Marking, and Lighting of

Antenna Structures

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has adopted a Notice of Proposed Rule Making

which seeks to streamline the Commission's antenna structure clearance

process by instituting a uniform registration process for structure

owners, revise the current antenna structure painting and lighting

requirements in keeping with updated recommendations by the Federal

Aviation Administration (FAA), and make antenna structure owners

primarily responsible for antenna structures that require painting and/

or lighting. This action stems from the Commission's effort to

streamline regulatory processes and eliminate unnecessary public

burdens as well as the need to update the Commission's Rules to reflect

recent changes in two FAA Advisory Circulars and the Communications Act

of 1934, as amended. Thus, the proposed rules should reduce the number

of Commission filings, expedite the processing authorizations involving

FAA coordination, and clarify rules concerning the painting and

lighting of antenna structures.

DATES: Comments must be filed on or before March 21, 1995, and reply

comments must be filed on or before April 20, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Roger Noel of the Wireless Telecommunications Bureau at (202) 418-0680,

or Robert Greenberg of the Mass Media Bureau at (202) 418-2720.

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

of Proposed Rule Making, WT Docket No. 95-5, FCC 95-16, adopted January

12, 1995, and released, January 20, 1995. The full text of this Notice

of Proposed Rule Making is available for inspection and copying during

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

Street NW., Washington, DC. The complete text may be purchased from the

Commission's copy contractor International Transcription Services, 2100

M Street NW., Washington, DC 20037, telephone (202) 857-3800.

Summary of Notice of Proposed Rule Making

1. The Commission has initiated the instant proceeding to

thoroughly review its antenna structure clearances process, eliminate

unnecessary public burdens, and reduce processing time for Commission

authorizations that require FAA coordination. Presently, the clearance

process requires identifying the coordinates and height of each antenna

structure requiring FAA notification (i.e., each structure exceeding

60.96 meters (200 feet) in height above ground level or within close

proximity to an airport). If the FAA determines that such a structure

is a potential hazard to air navigation because of its height or

location, the FAA may recommend that the antenna structure height be

decreased, recommend painting or lighting specifications, or both.

Thus, the current clearance process requires certain prospective

licensees and permittees to file antenna structure data with the

Commission and the FAA, and upon authorization, holds licensees and

permittees responsible for the painting and lighting of antenna

structures, where required.

2. The Commission proposes three distinct changes to the rules.

First, the Commission proposes to replace the current clearance process

with a streamlined procedure for registering each antenna structure

which requires FAA notification. The registration process would require

the antenna structure owner, not the licensees or permittees using the

structure, to (1) register the antenna structure with the Commission,

(2) maintain the structure's painting and lighting in accordance with

the Commission's Rules, (3) notify the Commission of changes in height,

coordinates, ownership, painting, or lighting of the structure, and (4)

notify the Commission upon dismantling the structure. This proposed

action would not impose a greater net filing burden on the public, but

would instead decrease the number of entities affected by these

requirements.

3. Second, the Commission proposes to incorporate by reference the

recommendations found in the following two FAA Advisory Circulars:

Obstruction Marking and Lighting (AC 70/7460-1H) released August, 1991,

and Specification for Obstruction Lighting Equipment (AC 150/5435-43D)

released July, 1988. This proposed change updates the Commission's

Rules in light of the FAA's recent air safety recommendations and would

grandfather the present painting and lighting requirements of existing

structures for 10 years. This action would serve to streamline the

Commission's Rules and increase air safety.

4. Third, the Commission proposes to implement statutory language

holding antenna structure owners primarily responsible for compliance

with the Commission's painting and lighting requirements. This means

that the Commission would first look toward structure owners to ensure

that antenna structures are painted and lighted in accordance with the

Commission's Rules. In cases where reliance on the owner proves

ineffective, the Commission would turn toward the tenant licensees and

permittees to ensure that the structure is properly painted and

lighted.

5. The Commission seeks specific comments concerning the proposed

rule amendments, options for implementing the registration process, and

whether the proposal may necessitate changes to the Commission's

environmental rules in 47 CFR 1.1301-1.1319.

6. Initial Regulatory Flexibility Analysis. Reason for Action. The

Commission proposes to: (1) institute a procedure to register certain

antenna structures, used by Commission licensees and permittees, which

require notice to the FAA of proposed construction, (2) revise the

Commission's painting and lighting requirements to incorporate by

reference FAA Advisory Circulars AC 70/7460-1H (August 1991) and AC

150/5345-43D (July 1988), and (3) hold antenna structure owners

primarily responsible for compliance with the Commission's painting and

lighting requirements.

Objectives

The Commission seeks to: (1) reduce the number of filings to the

Commission regarding changes to antenna structures, (2) expedite

application and notification processing, (3) unify and streamline

federal painting and lighting regulations to ease the public and

governmental burdens associated with processing certain application,

(4) increase safety in air navigation. [[Page 8619]]

Legal Basis

The proposed actions are authorized under sections 4(i), 4(j) and

303(r) of the Communications Act 47 U.S.C. 154(i), 154(j), and 303(r).

Reporting, Recordkeeping and Other Compliance Requirements

The proposed revision of 47 CFR Part 17 would require certain

antenna structure owners to register their structures and to comply

with the Commission's painting and lighting requirements. Additionally,

each owner would have to provide a copy of the Antenna Structure

Registration to all tenant licensees and post the structure's

Registration Number at the site. Further, the proposed rules eliminate

the requirement for certain licensees and permittees to individually

file with the Commission to amend structure height or painting and

lighting specifications. Most licensees and permittees, however, would

have to provide the Registration Number of the structure from which

they intend to transmit when filing for a new, modified, or renewed

authorization.

Federal Rules Which Overlap, Duplicate or Conflict With These Rules

None.

Description, Potential Impact, and Small Entities Involved

Any rule change requiring a small business antenna structure owner

to file an application for Registration could affect a small business.

However, the overall impact, if any, will be minimal because the

proposed registration process will eliminate the need for many small

business licensees and permittees on an antenna structure to file

certain applications and notifications. The Commission will further

examine the impact of any rule changes on small entities after

evaluating the comments in this proceeding.

Any Significant Alternatives Minimizing the Impact on Small Entities

Consistent With the Stated Objectives

None.

List of Subjects

47 CFR Part 0

Organization and functions (Government agencies).

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 17

Antennas, Aviation safety, Communications equipment, Radio,

Reporting and recordkeeping requirements.

47 CFR Part 21

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 22

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 23

Radio, Reporting and recordkeeping requirements.

47 CFR Part 25

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 73

Radio broadcasting, Television broadcasting.

47 CFR Part 74

Radio broadcasting, Television broadcasting.

47 CFR Part 78

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 80

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 87

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 90

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 94

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 95

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 97

Communications equipment, Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Secretary.

[FR Doc. 95-3675 Filed 2-14-95; 8:45 am]

BILLING CODE 6712-01-M