§  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 § 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
   § 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 § 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]