§  17.6   Responsibility for painting and lighting compliance.

   (a) The antenna structure owner is responsible for maintaining the
   painting and lighting in accordance with this part. However, if a
   licensee or permittee authorized on an antenna structure is aware that
   the structure is not being maintained in accordance with the
   specifications set forth on the Antenna Structure Registration (FCC
   Form 854R) or the requirements of this part, or otherwise has reason to
   question whether the antenna structure owner is carrying out its
   responsibility under this part, the licensee or permittee must take
   immediate steps to ensure that the antenna structure is brought into
   compliance and remains in compliance. The licensee must:

   (1) Immediately notify the structure owner;

   (2) Immediately notify the site management company (if applicable);

   (3) Immediately notify the Commission; and,

   (4) Make a diligent effort to immediately bring the structure into
   compliance.

   (b) In the event of non-compliance by the antenna structure owner, the
   Commission may require each licensee and permittee authorized on an
   antenna structure to maintain the structure, for an indefinite period,
   in accordance with the Antenna Structure Registration (FCC Form 854R)
   and the requirements of this part.

   (c) 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 § 17.4(f), and for posting the
   registration number as required by § 17.4(g).

   [ 61 FR 4363 , Feb. 6, 1996, as amended at  79 FR 56985 , Sept. 24, 2014]

   

Subpart B--Federal Aviation Administration Notification Criteria