Goto Section: 1.53 | 1.62 | Table of Contents
FCC 1.61
Revised as of October 1, 2008
Goto Year:2007 |
2009
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 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.
(c) Where one or more antenna farm areas have been designated for a
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:
(1) It is proposed to locate the antenna structure in a designated antenna
farm area, or
(2) It is accompanied by a statement from the Federal Aviation
Administration that the proposed structure will not constitute a menace to
air navigation, or
(3) It is accompanied by a request for waiver setting forth reasons
sufficient, if true, to justify such a waiver.
Note: By Commission Order (FCC 65–455), 30 FR 7419 , June 5, 1965, the
Commission issued the following policy statement concerning the height of
radio and television antenna towers:
“We have concluded that this objective can best be achieved by adopting the
following policy: Applications for antenna towers higher than 2,000 feet
above ground will be presumed to be inconsistent with the public interest,
and the applicant will have a burden of overcoming that strong presumption.
The applicant must accompany its application with a detailed showing
directed to meeting this burden. Only in the exceptional case, where the
Commission concludes that a clear and compelling showing has been made that
there are public interest reasons requiring a tower higher than 2,000 feet
above ground, and after the parties have complied with applicable FAA
procedures, and full Commission coordination with FAA on the question of
menace to air navigation, will a grant be made. Applicants and parties in
interest will, of course, be afforded their statutory hearing rights.”
[ 28 FR 12415 , Nov. 22, 1963, as amended at 32 FR 8813 , June 21, 1967; 32 FR 20860 , Dec. 28, 1967; 34 FR 6481 , Apr. 15, 1969; 45 FR 55201 , Aug. 19, 1980;
58 FR 13021 , Mar. 9, 1993, 61 FR 4361 , Feb. 6, 1996]
Goto Section: 1.53 | 1.62
Goto Year: 2007 |
2009
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