Goto Section: 17.2 | 17.5 | Table of Contents
FCC 17.4
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 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(c)(1)(vii) was
added. This paragraph 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 Year: 2016 |
2018
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