Sec. 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

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statements shall also be filed with the Administrator of the FAA with 
proof of such filing to be established in accordance with Sec. 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 Sec. 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]