§  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]