§ 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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