Goto Section: 17.3 | 17.5 | Table of Contents
FCC 17.4
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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 register
the structure prior to July 1, 1998.
(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.
(c) Each prospective applicant must complete the environmental
notification process described in this paragraph, except as specified
in paragraph (c)(1) of this section.
(1) Exceptions from the environmental notification process. Completion
of the environmental notification process is not required when FCC Form
854 is submitted solely for the following purposes:
(i) For notification only, such as to report a change in ownership or
contact information, or the dismantlement of an antenna structure;
(ii) For a reduction in height of an antenna structure or an increase
in height that does not constitute a substantial increase in size as
defined in paragraph I(C)(1)-(3) of Appendix B to part 1 of this
chapter, provided that there is no construction or excavation more than
30 feet beyond the existing antenna structure property;
(iii) For removal of lighting from an antenna structure or adoption of
a more preferred or equally preferred lighting style. For this purpose
lighting styles are ranked as follows (with the most preferred lighting
style listed first and the least preferred listed last): no lights; FAA
Lighting Styles that do not involve use of red steady lights; and FAA
Lighting Styles that involve use of red steady lights. A complete
description of each FAA Lighting Style and the manner in which it is to
be deployed can be found in the current version of FAA, U.S. Dept. of
Transportation, Advisory Circular: Obstruction Marking and Lighting, AC
70/7460;
(iv) For replacement of an existing antenna structure at the same
geographic location that does not require an Environmental Assessment
(EA) under § 1.1307(a) through (d) of this chapter, provided the new
structure will not use a less preferred lighting style, there will be
no substantial increase in size as defined in paragraph I(C)(1)-(3) of
Appendix B to part 1 of this chapter, and there will be no construction
or excavation more than 30 feet beyond the existing antenna structure
property;
(v) For any other change that does not alter the physical structure,
lighting, or geographic location of an existing structure; or
(vi) For construction, modification, or replacement of an antenna
structure on Federal land where another Federal agency has assumed
responsibility for evaluating the potentially significant environmental
effect of the proposed antenna structure on the quality of the human
environment and for invoking any required environmental impact
statement process, or for any other structure where another Federal
agency has assumed such responsibilities pursuant to a written
agreement with the Commission. See § 1.1311(e) of this chapter.
(2) Commencement of the environmental notification process. The
prospective applicant shall commence the environmental notification
process by filing information about the proposed antenna structure with
the Commission. This information shall include, at a minimum, all of
the information required on FCC Form 854 regarding ownership and
contact information, geographic location, and height, as well as the
type of structure and anticipated lighting. The Wireless
Telecommunications Bureau may utilize a partially completed FCC Form
854 to collect this information.
(3) Local notice. The prospective applicant must provide local notice
of the proposed new antenna structure or modification of an existing
antenna structure through publication in a newspaper of general
circulation or other appropriate means, such as through the public
notification provisions of the relevant local zoning process. The local
notice shall contain all of the descriptive information as to
geographic location, configuration, height and anticipated lighting
specifications reflected in the submission required pursuant to
paragraph (c)(2) of this section. It must also provide information as
to the procedure for interested persons to file Requests for
environmental processing pursuant to § § 1.1307(c) and 1.1313(b) of this
chapter, including any assigned file number, and state that such
Requests may only raise environmental concerns.
(4) National notice. On or after the local notice date provided by the
prospective applicant, the Commission shall post notification of the
proposed construction on its Web site. This posting shall include the
information contained in the initial filing with the Commission or a
link to such information. The posting shall remain on the Commission's
Web site for a period of 30 days.
(5) Requests for environmental processing. Any Request filed by an
interested person pursuant to § § 1.1307(c) and 1.1313(b) of this
chapter must be received by the Commission no later than 30 days after
the proposed antenna structure goes on notice pursuant to paragraph
(c)(4) of this section. The Wireless Telecommunications Bureau shall
establish by public notice the process for filing Requests for
environmental processing and responsive pleadings consistent with the
following provisions.
(i) Service and pleading cycle. The interested person or entity shall
serve a copy of its Request on the prospective ASR applicant pursuant
to § 1.47 of this chapter. Oppositions may be filed no later than 10
days after the time for filing Requests has expired. Replies to
oppositions may be filed no later than 5 days after the time for filing
oppositions has expired. Oppositions shall be served upon the
Requester, and replies shall be served upon the prospective applicant.
(ii) Content. An Environmental Request must state why the interested
person or entity believes that the proposed antenna structure or
physical modification of an existing antenna structure may have a
significant impact on the quality of the human environment for which an
Environmental Assessment must be considered by the Commission as
required by § 1.1307 of this chapter, or why an Environmental
Assessment submitted by the prospective ASR applicant does not
adequately evaluate the potentially significant environmental effects
of the proposal. The Request must be submitted as a written petition
filed either electronically or by hard copy setting forth in detail the
reasons supporting Requester's contentions.
(6) Amendments. The prospective applicant must file an amendment to
report any substantial change in the information provided to the
Commission. An amendment will not require further local or national
notice if the only reported change is a reduction in the height of the
proposed new or modified antenna structure; if proposed lighting is
removed or changed to a more preferred or equally preferred lighting
style as set forth in paragraph (c)(1)(iii) of this section; or if the
amendment reports only administrative changes that are not subject to
the requirements specified in this paragraph. All other changes to the
physical structure, lighting, or geographic location data for a
proposed registered antenna structure require additional local and
national notice and a new period for filing Requests pursuant to
paragraphs (c)(3), (c)(4), and (c)(5) of this section.
(7) Environmental Assessments. If an Environmental Assessment (EA) is
required under § 1.1307 of this chapter, the antenna structure
registration applicant shall attach the EA to its environmental
submission, regardless of any requirement that the EA also be attached
to an associated service-specific license or construction permit
application. The contents of an EA are described in § § 1.1308 and
1.1311 of this chapter. The EA may be provided either with the initial
environmental submission or as an amendment. If the EA is submitted as
an amendment, the Commission shall post notification on its Web site
for another 30 days pursuant to paragraph (c)(4) of this section and
accept additional Requests pursuant to paragraph (c)(5) of this
section. However, additional local notice pursuant to paragraph (c)(3)
of this section shall not be required unless information has changed
pursuant to paragraph (c)(6) of this section. The applicant shall serve
a copy of the EA upon any party that has previously filed a Request
pursuant to paragraph (c)(5) of this section.
(8) Disposition. The processing Bureau shall resolve all environmental
issues, in accordance with the environmental regulations (47 CFR 1.1301
through 1.1319) specified in part 1 of this chapter, before the tower
owner, or the first tenant licensee acting on behalf of the owner, may
complete the antenna structure registration application. In a case
where no EA is submitted, the Bureau shall notify the applicant whether
an EA is required under § 1.1307(c) or (d) of this chapter. In a case
where an EA is submitted, the Bureau shall either grant a Finding of No
Significant Impact (FONSI) or notify the applicant that further
environmental processing is required pursuant to § 1.1308 of this
chapter. Upon filing the completed antenna structure registration
application, the applicant shall certify that the construction will not
have a significant environmental impact, unless an Environmental Impact
Statement is prepared pursuant to § 1.1314 of this chapter.
(9) Transition rule. An antenna structure registration application that
is pending with the Commission as of the effective date of this
paragraph (c) shall not be required to complete the environmental
notification process set forth in this paragraph. The Commission will
publish a document in the Federal Register announcing the effective
date. However, if such an application is amended in a manner that would
require additional notice pursuant to paragraph (c)(6) of this section,
then such notice shall be required.
(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.
[ 61 FR 4362 , Feb. 6, 1996, as amended at 77 FR 3953 , Jan. 26, 2012]
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Goto Section: 17.3 | 17.5
Goto Year: 2011 |
2013
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