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 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]