§  17.8   Establishment of antenna farm areas.

   (a) Each antenna farm area will be established by an appropriate
   rulemaking proceeding, which may be commenced by the Commission on its
   own motion after consultation with the FAA, upon request of the FAA, or
   as a result of a petition filed by any interested person. After receipt
   of a petition from an interested person disclosing sufficient reasons
   to justify institution of a rulemaking proceeding, the Commission will
   request the advice of the FAA with respect to the considerations of
   menace to air navigation in terms of air safety which may be presented
   by the proposal. The written communication received from the FAA in
   response to the Commission's request shall be placed in the
   Commission's public rulemaking file containing the petition, and
   interested persons shall be allowed a period of 30 days within which to
   file statements with respect thereto. Such statements shall also be
   filed with the Administrator of the FAA with proof of such filing to be
   established in accordance with § 1.47 of this chapter. The
   Administrator of the FAA shall have a period of 15 days within which to
   file responses to such statements. If the Commission, upon
   consideration of the matters presented to it in accordance with the
   above procedure, is satisfied that establishment of the proposed
   antenna farm would constitute a menace to air navigation for reasons of
   air safety, rulemaking proceedings will not be instituted. If
   rulemaking proceedings are instituted, any person filing comments
   therein which concern the question of whether the proposed antenna farm
   will constitute a menace to air navigation shall file a copy of the
   comments with the Administrator of the FAA. Proof of such filing shall
   be established in accordance with § 1.47 of this chapter.

   (b) Nothing in this subpart shall be construed to mean that only one
   antenna farm area will be designated for a community. The Commission
   will consider on a case-by-case basis whether or not more than one
   antenna farm area shall be designated for a particular community.

   [ 32 FR 8813 , June 21, 1967, as amended at  32 FR 13591 , Sept. 28, 1967]