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

Federal RegisterFeb 6, 1996

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90,

94, 95, and 97

[WT Docket No. 95-5, FCC 95-473]

Streamlining the Antenna Structure Clearance Procedure and

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

Antenna Structures

AGENCY: Federal Communications Commission.

ACTION: Final Rule.

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SUMMARY: The Commission has adopted a Report and Order 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. These amendments

reduce the number of Commission filings, expedite the processing of

authorizations involving FAA coordination, and clarify rules concerning

the painting and lighting of antenna structures.

DATES: These regulations are effective March 7, 1996. The incorporation

by reference of certain publications listed in the regulations is

approved by the Director of the Federal Register as of March 7, 1996.

Written comments by the public on the proposed and/or modified

information collections are due March 7, 1996. Written comments must be

submitted by the Office of Management and Budget (OMB) on the

[[Page 4360]]

information collections on or before April 8, 1996.

ADDRESSES: A copy of any comments on the information collections

contained herein should be submitted to Dorothy Conway, Federal

Communications Commission, room 234, 1919 M Street NW., Washington, DC

20554, or via the Internet to [email protected], and to Timothy Fain, OMB

Desk Officer, 10236 NEOB, 725 17th Street NW., Washington, DC 20503 or

via the Internet to [email protected].

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. For additional information

concerning the information collections contained in this Report and

Order contact Dorothy Conway at 202-418-0217, or via the Internet at

[email protected].

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

and Order, adopted November 28, 1995, and released November 30, 1995.

The full text of this action 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, ITS, Inc., (202) 857-3800, 2100

M Street NW., suite 140, Washington, DC 20037.

Summary of Report and Order

1. In this action, the Commission made three distinct changes to

the rules. First, the Commission replaced the current clearance process

with a streamlined procedure for registering each antenna structure

which requires FAA notification. The registration process requires 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 does not impose a greater net filing burden on the public, but

instead decreases the number of entities affected by these

requirements.

2. Second, the Commission incorporated 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 150/5345-43D)

released July, 1988. This 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 indefinately, so long as further FAA coordination is not

required. This action serves to streamline the Commission's Rules and

increase air safety.

3. Third, the Commission implemented 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.

4. The rules are set forth at the end of this document.

5. This Report and Order is issued under the authority of sections

4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended,

47 U.S.C. 154(i), 154(j), and 303(r).

Final Regulatory Flexibility Analysis

Need and Purpose of This Action

This Report and Order 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 applications,

and (4) increase safety in air navigation.

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

Initial Flexibility Analysis

There were no comments submitted in response to the Initial

Regulatory Flexibility Analysis.

Significant Alternatives Considered

No significant alternative to this action was contained in the

Notice or suggested by commenters. The action represents the best means

to achieve the regulatory objective of minimizing the regulatory burden

on the public.

Paperwork Reduction Act

This Report and Order contains information collections. The

Commission, as part of its continuing effort to reduce paperwork

burdens, invites the general public and the Office of Management and

Budget (OMB) to comment on the information collections contained in

this Report and Order, as required by the Paperwork Reduction Act of

1995, Pub. L. No. 104-13. Public and agency comments are due 30 days

from date of publication of this Report and Order in the Federal

Report and Order in the Federal Register. Comments should address: (a)

Whether the proposed collection of information is necessary for the

proper performance of the functions of the Commission, including

whether the information shall have practical utility; (b) the accuracy

of the Commission's burden estimates; (c) ways to enhance the quality,

utility, and clarity of the information collected; and (d) ways to

minimize the burden of the collection of information on the

respondents, including the use of automated collection techniques or

other forms of information technology.

OMB Approval Number: 3060-0645

Title: Antenna Registration Part 17

Form No: Not applicable

Type of Review: Revision of existing collection

Respondents: Businesses; not-for-profit institutions; state, local or

tribal government

Number of Respondents: 14,965

Estimated Time Per Response: .05

Total Annual Burden: 748

Needs and Uses: The notification requirement requires those

licensees who experience antenna structure lighting outages to notify

the FAA of improperly functioning antenna structure lights. This

information is used by FAA personnel to assure that aviators are aware

of unlit antenna structures that would otherwise cause a hazard to air

navigation.

OMB Approval Number: 3060-0645

Title: Antenna Registration Part 17

Form No: Not applicable

Type of Review: Revision of existing collection

Respondents: Businesses; not-for-profit institutions; state, local or

tribal government

Number of Respondents: 14,965

Estimated Time Per Response: .25

Total Annual Burden: 3,741

Needs and Uses: The recordkeeping requirement requires those

licensees who experience problems with the lighting of their antenna

structure lighting to keep a record of the malfunction with the station

records. This information is used by FCC personnel to ensure that

antenna structure lighting systems are properly maintained.

[[Page 4361]]

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, Incorporation

by reference, 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 24

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,

Acting Secretary.

Final Rules

Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90, 94, 95,

and 97 of Title 47 of the Code of Federal Regulations are amended as

follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for Part 0 continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,

225, unless otherwise noted.

2. Section 0.131 is amended by revising paragraph (j) to read as

follows:

Sec. 0.131 Functions of the Bureau.

* * * * *

(j) Administers the Commission's commercial radio operator program

(Part 13 of this chapter) and the Commission's program for

registration, construction, marking and lighting of antenna structures

(Part 17 of this chapter).

* * * * *

II.

PART 1--PRACTICE AND PROCEDURE

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

Authority: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552, 21

U.S.C. 853a, unless otherwise noted.

4. Section 1.61 is amended by revising paragraphs (a) and (b),

removing paragraphs (c), (d), (e), and (f), redesignating paragraph (g)

as paragraph (c) and revising its introductory paragraph to read as

follows:

Sec. 1.61 Procedures for handling applications requiring special

aeronautical study.

(a) Antenna Structure Registration is conducted by the Wireless

Telecommunications Bureau as follows:

(1) Each antenna structure owner that must notify the FAA of

proposed construction using FAA Form 7460-1 shall, upon proposing new

or modified construction, register that antenna structure with the

Wireless Telecommunications Bureau using FCC Form 854.

(2) If an Environmental Assessment is required under Sec. 1.1307,

the Bureau will address the environmental concerns prior to processing

the registration.

(3) If a final FAA determination of ``no hazard'' is not submitted

along with FCC Form 854, processing of the registration may be delayed

or disapproved.

(4) If the owner of the antenna structure cannot file FCC Form 854

because it is subject to a denial of federal benefits under the Anti-

Drug Abuse Act of 1988, 21 U.S.C. 862, the first licensee authorized to

locate on the structure must register the structure using FCC Form 854,

and provide a copy of the Antenna Structure Registration (FCC Form

854R) to the owner. The owner remains responsible for providing a copy

of FCC Form 854R to all tenant licensees on the structure and for

posting the registration number as required by Sec. 17.4(g) of this

chapter.

(5) Upon receipt of FCC Form 854, and attached final FAA

determination of ``no hazard,'' the Bureau prescribes antenna structure

painting and/or lighting specifications or other conditions in

accordance with the FAA airspace recommendation and returns a completed

Antenna Structure Registration (FCC Form 854R) to the registrant. If

the proposed structure is disapproved the registrant is so advised.

(b) Each operating Bureau or Office examines the applications for

Commission authorization for which it is responsible to ensure

compliance with FAA notification procedures as well as Commission

Antenna Structure Registration as follows:

(1) If Antenna Structure Registration is required, the operating

Bureau reviews the application for the Antenna Structure Registration

Number and proceeds as follows:

(i) If the application contains the Antenna Structure Registration

Number or if the applicant seeks a Cellular or PCS system

authorization, the operating Bureau processes the application.

(ii) If the application does not contain the Antenna Structure

Registration Number, but the structure owner has already filed FCC Form

854, the operating Bureau places the application on hold until

Registration can be confirmed, so long as the owner exhibits due

diligence in filing.

(iii) If the application does not contain the Antenna Structure

Registration Number, and the structure

[[Page 4362]]

owner has not filed FCC Form 854, the operating Bureau notifies the

applicant that FCC Form 854 must be filed and places the application on

hold until Registration can be confirmed, so long as the owner exhibits

due diligence in filing.

(2) If Antenna Structure Registration is not required, the

operating Bureau processes the application.

community or communities (see Sec. 17.9 of this chapter), an

application proposing the erection of an antenna structure over 1,000

feet in height above ground to serve such community or communities will

not be accepted for filing unless:

* * * * *

III.

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

5. The authority citation for Part 17 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303. Interpret or apply secs. 301, 309, 48 Stat. 1081,

1085 as amended; 47 U.S.C. 301, 309.

6. Section 17.1 is revised to read as follows:

Sec. 17.1 Basis and purpose.

(a) The rules in this part are issued pursuant to the authority

contained in Title III of the Communications Act of 1934, as amended,

which vest authority in the Federal Communications Commission to issue

licenses to radio stations when it is found that the public interest,

convenience, and necessity would be served thereby, and to require the

painting, and/or illumination of antenna structures if and when in its

judgment such structures constitute, or there is reasonable possibility

that they may constitute, a menace to air navigation.

(b) The purpose of this part is to prescribe certain procedures for

antenna structure registration and standards with respect to the

Commission's consideration of proposed antenna structures which will

serve as a guide to antenna structure owners. The standards are

referenced from two Federal Aviation Administration (FAA) Advisory

Circulars.

7. Section 17.2 is amended by revising paragraph (a) and adding new

paragraphs (c) and (d) to read as follows:

Sec. 17.2 Definitions.

(a) Antenna structure. The term antenna structure includes the

radiating and/or receive system, its supporting structures and any

appurtenances mounted thereon.

* * * * *

antenna structure owner is the individual or entity vested with

ownership, equitable ownership, dominion, or title to the antenna

structure. Notwithstanding any agreements made between the owner and

any entity designated by the owner to maintain the antenna structure,

the owner is ultimately responsible for compliance with the

requirements of this part.

(d) Antenna structure registration number. A unique number, issued

by the Commission during the registration process, which identifies an

antenna structure. Once obtained, this number must be used in all

filings related to this structure.

8. Section 17.4 is revised to read as follows:

Sec. 17.4 Antenna structure registration.

(a) Effective July 1, 1996, the owner of any proposed or existing

antenna structure that requires notice of proposed construction to the

Federal Aviation Administration must register the structure with the

Commission. This includes those structures used as part of stations

licensed by the Commission for the transmission of radio energy, or to

be used as part of a cable television head end system. If a Federal

Government antenna structure is to be used by a Commission licensee,

the structure must be registered with the Commission.

(1) For a proposed antenna structure or alteration of an existing

antenna structure, the owner must register the structure prior to

construction or alteration.

(2) For an existing antenna structure that had been assigned

painting or lighting requirements prior to July 1, 1996, the owner must

(3) For a structure that did not originally fall under the

definition of ``antenna structure,'' the owner must register the

structure prior to hosting a Commission licensee.

(b) Except as provided in paragraph (e) of this section, each owner

must file FCC Form 854 with the Commission. Additionally, each owner of

a proposed structure referred to in paragraphs (a)(1) or (a)(3) of this

section must submit a valid FAA determination of ``no hazard.'' In

order to be considered valid by the Commission, the FAA determination

of ``no hazard'' must not have expired prior to the date on which FCC

Form 854 is received by the Commission. The height of the structure

will include the highest point of the structure including any

obstruction lighting or lighting arrester.

this chapter, the Bureau will address the environmental concerns prior

to processing the registration.

(d) If a final FAA determination of ``no hazard'' is not submitted

along with FCC Form 854, processing of the registration may be delayed

or disapproved.

(e) If the owner of the antenna structure cannot file FCC Form 854

because it is subject to a denial of federal benefits under the Anti-

Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee

authorized to locate on the structure (excluding tenants that no longer

occupy the structure) must register the structure using FCC Form 854,

and provide a copy of the Antenna Structure Registration (FCC Form

854R) to the owner. The owner remains responsible for providing a copy

of FCC Form 854R to all tenant licensees on the structure and for

posting the registration number as required by paragraph (g) of this

section.

(f) The Commission shall issue, to the registrant, FCC Form 854R,

Antenna Structure Registration, which assigns a unique Antenna

Structure Registration Number. The structure owner shall immediately

provide a copy of Form 854R to each tenant licensee and permittee.

(g) Except as described in paragraph (h) of this section, the

Antenna Structure Registration Number must be displayed in a

conspicuous place so that it is readily visible near the base of the

antenna structure. Materials used to display the Antenna Structure

Registration Number must be weather-resistant and of sufficient size to

be easily seen at the base of the antenna structure.

(h) The owner is not required to post the Antenna Structure

Registration Number in cases where a federal, state, or local

government entity provides written notice to the owner that such a

posting would detract from the appearance of a historic landmark. In

this case, the owner must make the Antenna Structure Registration

Number available to representatives of the Commission, the FAA, and the

general public upon reasonable demand.

9. A new section 17.5 is added to Subpart A to read as follows:

Sec. 17.5 Commission consideration of applications for station

authorization.

(a) Applications for station authorization, excluding services

authorized on a geographic basis, are

[[Page 4363]]

reviewed to determine whether there is a requirement that the antenna

structure in question must be registered with the Commission.

(b) If registration is required, the registrant must supply the

structure's registration number upon request by the Commission.

authorization will be processed without further regard to this chapter.

10. A new section 17.6 is added to Subpart A to read as follows:

Sec. 17.6 Responsibility of Commission licensees and permittees.

(a) The antenna structure owner is responsible for maintaining the

painting and lighting in accordance with this part. However, if a

licensee or permittee authorized on an antenna structure is aware that

the structure is not being maintained in accordance with the

specifications set forth on the Antenna Structure Registration (FCC

Form 854R) or the requirements of this part, or otherwise has reason to

question whether the antenna structure owner is carrying out its

responsibility under this part, the licensee or permittee must take

immediate steps to ensure that the antenna structure is brought into

compliance and remains in compliance. The licensee must:

(1) Immediately notify the structure owner;

(2) Immediately notify the site management company (if applicable);

(3) Immediately notify the Commission; and,

(4) Make a diligent effort to immediately bring the structure into

compliance.

(b) In the event of non-compliance by the antenna structure owner,

the Commission may require each licensee and permittee authorized on an

antenna structure to maintain the structure, for an indefinite period,

in accordance with the Antenna Structure Registration (FCC Form 854R)

and the requirements of this part.

because it is subject to a denial of federal benefits under the Anti-

Drug Abuse Act of 1988, 21 U.S.C. 862, the first licensee authorized to

locate on the structure must register the structure using FCC Form 854,

and provide a copy of the Antenna Structure Registration (FCC Form

854R) to the owner. The owner remains responsible for providing a copy

of FCC Form 854R to all tenant licensees on the structure and for

posting the registration number as required by Sec. 17.4(g).

11. Subpart B is amended by revising its heading to read as

follows:

Subpart B--Federal Aviation Administration Notification Criteria

12. Section 17.10 is amended by revising the introductory paragraph

to read as follows:

Sec. 17.10 Antenna structures over 304.80 meters (1,000 feet) in

height.

Where one or more antenna farm areas have been designated for a

community or communities (see Sec. 17.9), the Commission will not

accept for filing an application to construct a new station or to

increase height or change antenna location of an existing station

proposing the erection of an antenna structure over 304.80 meters

(1,000 feet) above ground unless:

* * * * *

13. Section 17.14 is amended by revising the first sentence in

paragraph (a) to read as follows:

Sec. 17.14 Certain antenna structures exempt from notification to the

FAA.

* * * * *

(a) Any object that would be shielded by existing structures of a

permanent and substantial character or by natural terrain or

topographic features of equal or greater height, and would be located

in the congested area of a city, town, or settlement where it is

evident beyond all reasonable doubt that the structure so shielded will

not adversely affect safety in air navigation. * * *

* * * * *

14. Section 17.17 is amended by revising paragraph (a) to read as

follows:

Sec. 17.17 Existing structures.

(a) The requirements found in Sec. 17.23 relating to painting and

lighting of antenna structures shall not apply to those structures

authorized prior to July 1, 1996. Previously authorized structures may

retain their present painting and lighting specifications, so long as

the overall structure height or site coordinates do not change. The

Antenna Structure Registration requirements found in Sec. 17.5,

however, shall apply to all antenna structures that have been assigned

painting or lighting requirements by the Commission, regardless of

prior authorization.

* * * * *

15. Section 17.22 is amended by revising the first sentence to read

as follows:

Sec. 17.22 Particular specifications to be used.

Whenever painting or lighting is required, the Commission will

generally assign specifications in accordance with the FAA Advisory

Circulars referenced in Sec. 17.23.* * *

16. Section 17.23 is revised to read as follows:

Sec. 17.23 Specifications for painting and lighting antenna

structures.

Unless otherwise specified by the Commission, each new or altered

antenna structure to be registered on or after July 1, 1996, must

conform to the FAA's painting and lighting recommendations set forth on

the structure's FAA determination of ``no hazard,'' as referenced in

the following FAA Advisory Circulars: AC 70/7460-1H, ``Obstruction

Marking and Lighting,'' August 1, 1991, as amended by Change 2, July

15, 1992, and AC 150/5345-43D, ``Specification for Obstruction Lighting

Equipment,'' July 15, 1988. These documents are incorporated by

reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The

documents contain FAA recommendations for painting and lighting

structures which pose a potential hazard to air navigation. For

purposes of this part, the specifications, standards, and general

requirements stated in these documents are mandatory. The Advisory

Circulars listed above are available for inspection at the Commission

Headquarters in Washington, DC, 2025 M Street NW., room 8112, or at the

Office of the Federal Register, 800 North Capitol Street, NW., room

700, Washington, DC., or may be obtained from Department of

Transportation, Utilization and Storage Section (Publications), M443.2,

400 7th Street SW, Washington, DC 20590, telephone (202) 366-0039 or

(202) 366-0451.

Secs. 17.24 through 17.43 [Removed and reserved]

17. Sections 17.24 through 17.43 are removed and reserved.

18. Section 17.47 is revised to read as follows:

Sec. 17.47 Inspection of antenna structure lights and associated

control equipment.

The owner of any antenna structure which is registered with the

Commission and has been assigned lighting specifications referenced in

this part:

(a)(1) Shall make an observation of the antenna structure's lights

at least once each 24 hours either visually or by observing an

automatic properly maintained indicator designed to register any

failure of such lights, to insure that all such lights are functioning

properly as required; or alternatively,

(2) Shall provide and properly maintain an automatic alarm system

[[Page 4364]]

designed to detect any failure of such lights and to provide indication

of such failure to the owner.

(b) Shall inspect at intervals not to exceed 3 months all automatic

or mechanical control devices, indicators, and alarm systems associated

with the antenna structure lighting to insure that such apparatus is

functioning properly.

19. Section 17.48 is amended by revising the introductory paragraph

and the second sentence in paragraph (a) to read as follows:

Sec. 17.48 Notification of extinguishment or improper functioning of

lights.

The owner of any antenna structure which is registered with the

Commission and has been assigned lighting specifications referenced in

this part:

(a) * * * Such reports shall set forth the condition of the light

or lights, the circumstances which caused the failure, the probable

date for restoration of service, the FCC Antenna Structure Registration

Number, the height of the structure (AGL and AMSL if known) and the

name, title, address, and telephone number of the person making the

report. * * *

* * * * *

20. Section 17.49 is amended by revising the section heading, the

introductory paragraph, and paragraph (c) and adding a new paragraph

(d) to read as follows:

Sec. 17.49 Recording of antenna structure light inspections in the

owner record.

The owner of each antenna structure which is registered with the

Commission and has been assigned lighting specifications referenced in

this part must maintain a record of any observed or otherwise known

extinguishment or improper functioning of a structure light and include

the following information for each such event:

* * * * *

(d) The date, time and nature of adjustments, repairs, or

replacements made.

21. Section 17.50 is revised to read as follows:

Sec. 17.50 Cleaning and repainting.

Antenna structures requiring painting under this part shall be

cleaned or repainted as often as necessary to maintain good visibility.

22. Section 17.51 is amended by revising paragraph (b) to read as

follows:

Sec. 17.51 Time when lights should be exhibited.

* * * * *

(b) All high intensity and medium intensity obstruction lighting

shall be exhibited continuously unless otherwise specified.

23. Section 17.57 is revised to read as follows:

Sec. 17.57 Report of radio transmitting antenna construction,

alteration, and/or removal.

The owner of an antenna structure for which an Antenna Structure

Registration Number has been obtained must notify the Commission within

24 hours of completion of construction (FCC Form 854-R) and/or

dismantlement (FCC Form 854). The owner must also immediately notify

the Commission using FCC Form 854 upon any change in structure height

or change in ownership information.

IV.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

24. The authority citation for Part 21 continues to read as

follows:

Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,

403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,

154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47

U.S.C. 552, 554.

25. Section 21.11 is amended by adding a new paragraph (g) to read

as follows:

Sec. 21.11 Miscellaneous forms shared by all domestic public radio

services.

* * * * *

(g) Antenna Structure Registration. FCC Form 854 (Application for

Antenna Structure Registration) accompanied by a final Federal Aviation

Administration (FAA) determination of ``no hazard'' must be filed by

the antenna structure owner to receive an antenna structure

registration number. Criteria used to determine whether FAA

notification and registration is required for a particular antenna

structure are contained in Part 17 of this chapter.

26. Section 21.15 is amended by revising paragraph (d),

redesignating paragraphs (e), (f), and (g) as (f), (g), and (h),

respectively, and adding a new paragraph (e), to read as follows:

Sec. 21.15 Technical content of applications.

* * * * *

(d) FAA notification. Before the construction of a new antenna

structure or alteration in the height of an existing structure

(including a receive-only or passive repeater) is authorized by the

FCC, a Federal Aviation Administration (FAA) determination of ``no

hazard'' may be required. To apply for this determination, antenna

structure owners must notify the FAA of the planned construction.

Criteria used to determine whether FAA notification is required for a

particular antenna structure are contained in part 17 of this chapter.

Applications proposing construction of a new antenna structure or

alteration of the overall height of an existing antenna structure,

where FAA notification prior to such construction or alteration is not

required by part 17 of this chapter, must indicate such and, unless the

reason is obvious (e.g. structure height is less than 6.1 meters AGL)

must state why FAA notification is not required. See also Sec. 21.111

if the structure is used by more than one station.

(e) Antenna Structure Registration Number. Applications proposing

construction of a new antenna structure or alteration of the overall

height of an existing antenna structure, where FAA notification prior

to such construction or alteration is required by part 17 of this

chapter, must include the FCC Antenna Structure Registration Number for

the affected structure. If no such number has been assigned at the time

the application is filed, the applicant must state in the application

whether or not the antenna structure owner has notified the FAA of the

proposed construction or alteration and applied to the FCC for an

Antenna Structure Registration Number in accordance with Part 17 of

this chapter of this structure for the antenna structure in question.

* * * * *

27. Section 21.41 is amended by revising paragraph (c)(3) to read

as follows:

Sec. 21.41 Special processing of applications for minor facility

modifications.

* * * * *

(3) Changes in the geographical coordinates of a transmit station,

receive station or passive facility by ten seconds or less of latitude,

longitude or both, provided that when notice to the FAA of proposed

construction is required by part 17 of this chapter for the antenna

structure at the previously authorized coordinates (or will be required

at the new location) the applicant must comply with the provisions of

Sec. 21.15(e).

* * * * *

28. Section 21.42 is amended by revising paragraph (c)(6) to read

as follows:

Sec. 21.42 Certain modifications not requiring prior authorization.

* * * * *

[[Page 4365]]

(6) Decreases in the overall height of an antenna structure,

provided that, when notice to the FAA of proposed construction was

required by part 17 of this chapter for the antenna structure at the

previously authorized height, the applicant must comply with the

provisions of Sec. 21.15 (d) and (e).

* * * * *

29. Section 21.111 is revised to read as follows:

Sec. 21.111 Use of common antenna structure.

The simultaneous use of a common antenna structure by more than one

station authorized under this part, or by one or more stations of any

other service may be authorized. The owner, however, of each antenna

structure required to be painted and/or illuminated under the

provisions of Section 303(q) of the Communications Act of 1934, as

amended, shall install and maintain the antenna structure painting and

lighting in accordance with part 17 of this chapter. In the event of

default by the owner, each licensee or permittee shall be individually

responsible for conforming to the requirements pertaining to antenna

structure painting and lighting.

30. Section 21.112 is revised to read as follows:

Sec. 21.112 Marking of antenna structures.

No owner, conditional licensee, or licensee of an antenna structure

for which obstruction marking or lighting is required and for which an

antenna structure registration number has been obtained, shall

discontinue the required painting or lighting without having obtained

prior written authorization therefor from the Commission. (For complete

regulations relative to antenna marking requirements, see part 17 of

this chapter.)

31. Section 21.117 is amended by revising paragraph (b) to read as

follows:

Sec. 21.117 Transmitter location.

* * * * *

(b) The owner of the antenna structure should locate and construct

such structure as to avoid making them hazardous to air navigation.

(See part 17 of this chapter for provisions relating to antenna

structures.) Such installation shall be maintained in good structural

condition together with any required painting or lighting.

PART 22--PUBLIC MOBILE SERVICES

32. The authority citation for Part 22 continues to read as

follows:

Authority: 47 U.S.C. 154, 303, unless otherwise noted.

33. Section 22.115 is amended by revising paragraphs (a)(2) and

(a)(3) to read as follows:

Sec. 22.115 Content of applications.

* * * * *

(a) * * *

(2) Antenna structure registration. Applications proposing the use

of one or more new or existing antenna structures must contain the FCC

Antenna Structure Registration Number, if assigned, of each such

antenna structure for which Federal Aviation Administration (FAA)

notification is or was required by part 17 of this chapter prior to its

construction. If, at the time an application is filed, an FCC Antenna

Structure Registration Number has not been assigned for any such

antenna structure, the applicant must indicate in the application

whether or not, as of the date the application is filed, the antenna

structure owner has registered the antenna structure with the FCC in

accordance with part 17 of this chapter.

(3) FAA notification. Before constructing a new antenna structure

or increasing the height of an existing structure, an antenna structure

owner may be required to obtain an FAA determination of No Hazard to

Air Navigation. To obtain this determination, the FAA must be notified

of the planned construction or alteration. Criteria used to determine

whether FAA notification is required for any particular antenna

structure are contained in part 17 of this chapter.

(i) Applications proposing to use a new antenna structure or an

existing antenna structure for which the height is increased must

indicate whether FAA notification is required by part 17 of this

chapter.

(ii) If FAA notification is required by part 17 of this chapter, a

copy of the FAA determination should be included in the application.

However, if the FAA determination is not available at the time the

application is filed, the application must include the following

information in regard to the FAA notification: the name of the person

that submitted the notification, the date the notification was

submitted, and the location of the FAA office to which the notification

was submitted.

(iii) If FAA notification is not required by part 17 of this

chapter, the application must indicate such and, unless the reason

therefor is obvious (e.g. antenna structure height is less than 6.10

meters above ground level), must contain a statement explaining why FAA

notification is not required.

* * * * *

34. Section 22.365 is revised to read as follows:

Sec. 22.365 Antenna structures; air navigation safety.

Licensees that own their antenna structures must not allow these

antenna structures to become a hazard to air navigation. In general,

antenna structure owners are responsible for registering antenna

structures with the FCC if required by part 17 of this chapter, and for

installing and maintaining any required marking and lighting. However,

in the event of default of this responsibility by an antenna structure

owner, each FCC permittee or licensee authorized to use an affected

antenna structure will be held responsible by the FCC for ensuring that

the antenna structure continues to meet the requirements of part 17 of

this chapter. See Sec. 17.6 of this chapter.

(a) Marking and lighting. Antenna structures must be marked,

lighted and maintained in accordance with Part 17 of this chapter and

all applicable rules and requirements of the Federal Aviation

Administration.

(b) Maintenance contracts. Antenna structure owners (or licensees

and permittees, in the event of default by an antenna structure owner)

may enter into contracts with other entities to monitor and carry out

necessary maintenance of antenna structures. Antenna structure owners

(or licensees and permittees, in the event of default by an antenna

structure owner) that make such contractual arrangements continue to be

responsible for the maintenance of antenna structures in regard to air

navigation safety.

VI.

PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES

35. The authority citation for Part 23 continues to read as

follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47

U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47

U.S.C. 301.

36. Section 23.28 is amended by adding a new paragraph (c) to read

as follows:

Sec. 23.28 Special temporary authorization.

* * * * *

antenna structures or alteration of the overall height of one or more

existing antenna structures, where FAA notification prior to such

construction or alteration is required by part 17 of this chapter, must

include the FCC Antenna Structure Registration

[[Page 4366]]

Number(s) for the affected structure(s). If no such number has been

assigned at the time the application(s) is filed, the applicant must

state in the application whether the owner has notified the FAA of the

proposed construction or alteration and applied to the FCC for an

Antenna Structure Registration Number in accordance with part 17 of

this chapter. Applications proposing construction of one or more new

antenna structures or alteration of the overall height of one or more

existing antenna structures, where FAA notification prior to such

construction or alteration is not required by part 17 of this chapter,

must indicate such and, unless the structure is 6.10-meters or less

above ground level (AGL), must contain a statement explaining why FAA

notification is not required.

37. Section 23.39 is revised to read as follows:

Sec. 23.39 Antenna structures.

(a) FAA notification. Before the construction of new antenna

structures or alteration in the height of existing antenna structures

is authorized by the FCC, a Federal Aviation Administration (FAA)

determination of ``no hazard'' may be required. To apply for this

determination, the FAA must be notified of the planned construction.

Criteria used to determine whether FAA notification is required for a

particular antenna structure are contained in part 17 of this chapter.

Applications proposing construction of one or more new antenna

structures or alteration of the overall height of one or more existing

antenna structures, where FAA notification prior to such construction

or alteration is not required by part 17 of this chapter, must indicate

such and, unless the reason is obvious (e.g. structure height is less

than 6.10 meters AGL) must contain a statement explaining why FAA

notification is not required.

(b) Painting and lighting. The owner of each antenna structure

required to be painted and/or illuminated under the provisions of

Section 303(q) of the Communications Act of 1934, as amended, shall

operate and maintain the antenna structure painting and lighting in

accordance with part 17 of this chapter. In the event of default by the

owner, each licensee or permittee shall be individually responsible for

conforming to the requirements pertaining to antenna structure painting

and lighting.

construction of one or more new antenna structures or alteration of the

overall height of one or more existing structures, where FAA

notification prior to such construction or alteration is required by

part 17 of this chapter, must include the FCC Antenna Structure

Registration Number(s) for the affected structure(s). If no such number

has been assigned at the time the application is filed, the applicant

must state in the application whether or not the antenna structure

owner has notified the FAA of the proposed construction or alteration

and applied to the FCC for an Antenna Structure Registration Number in

accordance with part 17 of this chapter for the antenna structure in

question.

38. Section 23.40 is removed and reserved.

VII.

PART 24--PERSONAL COMMUNICATIONS SERVICES

39. The authority citation for Part 24 continues to read as

follows:

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

otherwise noted.

40. A new Sec. 24.55 is added to read as follows:

Sec. 24.55 Antenna structures; air navigation safety.