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]