Goto Section: 17.2 | 17.5 | Table of Contents
FCC 17.4
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 17.4 Antenna structure registration.
(a) The owner of any proposed or existing antenna structure that requires
notice of proposed construction to the Federal Aviation Administration (FAA)
due to physical obstruction must register the structure with the Commission.
(See § 17.7 for FAA notification requirements.) 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.
If the FAA exempts an antenna structure from notification, it is exempt from
the requirement that it register with the Commission. (See § 17.7(e) for
exemptions to FAA notification requirements.)
(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 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 of an
antenna structure described in paragraph (a) of this section must file FCC
Form 854 with the Commission. Additionally, each owner of a proposed
structure referred to in paragraph (a) 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 be the highest point of the structure including any
obstruction lighting or lightning arrester. If an antenna structure is not
required to be registered under paragraph (a) of this section and it is
voluntarily registered with the Commission after the effective date of this
rule, the registrant must note on FCC Form 854 that the registration is
voluntary. Voluntarily registered antenna structures are not subject to the
lighting and marking requirements contained in this part.
(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;
(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); or
(vii) For the construction or deployment of an antenna structure that will:
(A) Be in place for no more than 60 days,
(B) Requires notice of construction to the FAA,
(C) Does not require marking or lighting under FAA regulations,
(D) Will be less than 200 feet in height above ground level, and
(E) Will either involve no excavation or involve excavation only where the
depth of previous disturbance exceeds the proposed construction depth
(excluding footings and other anchoring mechanisms) by at least two feet. An
applicant that relies on this exception must wait 30 days after removal of
the antenna structure before relying on this exception to deploy another
antenna structure covering substantially the same service area.
(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 to all tenant licensees and permittees
notification that the structure has been registered, consistent with
paragraph (f) of this section, 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 antenna structure owner shall immediately provide
to all tenant licensees and permittees notification that the structure has
been registered, along with either a copy of Form 854R or the Antenna
Structure Registration Number and a link to the FCC antenna structure Web
site: http://wireless.fcc.gov/antenna/. This notification may be done
electronically or via paper mail.
(g) Except as described in paragraph (h) of this section, the Antenna
Structure Registration Number must be displayed so that it is conspicuously
visible and legible from the publicly accessible area nearest the base of
the antenna structure along the publicly accessible roadway or path. Where
an antenna structure is surrounded by a perimeter fence, or where the point
of access includes an access gate, the Antenna Structure Registration Number
should be posted on the perimeter fence or access gate. Where multiple
antenna structures having separate Antenna Structure Registration Numbers
are located within a single fenced area, the Antenna Structure Registration
Numbers must be posted both on the perimeter fence or access gate and near
the base of each antenna structure. If the base of the antenna structure has
more than one point of access, the Antenna Structure Registration Number
must be posted so that it is visible at the publicly accessible area nearest
each such point of access. Materials used to display the Antenna Structure
Registration Number must be weather-resistant and of sufficient size to be
easily seen where posted.
(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.
(i) Absent Commission specification, the painting and lighting
specifications recommended by the FAA are mandatory (see § 17.23). However,
the Commission may specify painting and/or lighting requirements for each
antenna structure registration in addition to or different from those
specified by the FAA.
(j) Any change or correction in the overall height of one foot or greater or
coordinates of one second or greater in longitude or latitude of a
registered antenna structure requires prior approval from the FAA and
modification of the existing registration with the Commission.
(k) Any change in the marking and lighting that varies from the
specifications described on any antenna structure registration requires
prior approval from the FAA and the Commission.
[ 61 FR 4362 , Feb. 6, 1996, as amended at 77 FR 3953 , Jan. 26, 2012; 79 FR 56985 , Sept. 24, 2014; 80 FR 1270 , Jan. 8, 2015]
Effective Date Note: At 80 FR 1270 , Jan. 8, 2015, § 17.4 was amended by
adding paragraph (c)(1)(vii). Paragraph (c)(1)(vii) contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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Goto Section: 17.2 | 17.5
Goto Year: 2014 |
2016
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