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.

   (c)  Antenna  Structure  Registration  Number.  Applications proposing
   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.

   [ 61 FR 4366 , Feb. 6, 1996]