[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4359-4369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1975]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90,
94, 95, and 97
[WT Docket No. 95-5, FCC 95-473]
Streamlining the Antenna Structure Clearance Procedure and
Revision of the Rules Concerning Construction, Marking, and Lighting of
Antenna Structures
AGENCY: Federal Communications Commission.
ACTION: Final Rule.
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SUMMARY: The Commission has adopted a Report and Order to streamline
the Commission's antenna structure clearance process by instituting a
uniform registration process for structure owners, revise the current
antenna structure painting and lighting requirements in keeping with
updated recommendations by the Federal Aviation Administration (FAA),
and make antenna structure owners primarily responsible for antenna
structures that require painting and/or lighting. These amendments
reduce the number of Commission filings, expedite the processing of
authorizations involving FAA coordination, and clarify rules concerning
the painting and lighting of antenna structures.
DATES: These regulations are effective March 7, 1996. The incorporation
by reference of certain publications listed in the regulations is
approved by the Director of the Federal Register as of March 7, 1996.
Written comments by the public on the proposed and/or modified
information collections are due March 7, 1996. Written comments must be
submitted by the Office of Management and Budget (OMB) on the
[[Page 4360]]
information collections on or before April 8, 1996.
ADDRESSES: A copy of any comments on the information collections
contained herein should be submitted to Dorothy Conway, Federal
Communications Commission, room 234, 1919 M Street NW., Washington, DC
20554, or via the Internet to dconway@fcc.gov, and to Timothy Fain, OMB
Desk Officer, 10236 NEOB, 725 17th Street NW., Washington, DC 20503 or
via the Internet to fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Roger Noel of the Wireless
Telecommunications Bureau at (202) 418-0680, or Robert Greenberg of the
Mass Media Bureau at (202) 418-2720. For additional information
concerning the information collections contained in this Report and
Order contact Dorothy Conway at 202-418-0217, or via the Internet at
dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted November 28, 1995, and released November 30, 1995.
The full text of this action is available for inspection and copying
during normal business hours in the FCC Reference Center, room 239,
1919 M Street NW., Washington, DC. The complete text may be purchased
from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100
M Street NW., suite 140, Washington, DC 20037.
Summary of Report and Order
1. In this action, the Commission made three distinct changes to
the rules. First, the Commission replaced the current clearance process
with a streamlined procedure for registering each antenna structure
which requires FAA notification. The registration process requires the
antenna structure owner, not the licensees or permittees using the
structure, to (1) Register the antenna structure with the Commission,
(2) maintain the structure's painting and lighting in accordance with
the Commission's Rules, (3) notify the Commission of changes in height,
coordinates, ownership, painting, or lighting of the structure, and (4)
notify the Commission upon dismantling the structure. This proposed
action does not impose a greater net filing burden on the public, but
instead decreases the number of entities affected by these
requirements.
2. Second, the Commission incorporated by reference the
recommendations found in the following two FAA Advisory Circulars:
Obstruction Marking and Lighting (AC 70/7460-1H) released August, 1991,
and Specification for Obstruction Lighting Equipment (AC 150/5345-43D)
released July, 1988. This change updates the Commission's Rules in
light of the FAA's recent air safety recommendations and would
grandfather the present painting and lighting requirements of existing
structures indefinately, so long as further FAA coordination is not
required. This action serves to streamline the Commission's Rules and
increase air safety.
3. Third, the Commission implemented statutory language holding
antenna structure owners primarily responsible for compliance with the
Commission's painting and lighting requirements. This means that the
Commission would first look toward structure owners to ensure that
antenna structures are painted and lighted in accordance with the
Commission's Rules. In cases where reliance on the owner proves
ineffective, the Commission would turn toward the tenant licensees and
permittees to ensure that the structure is properly painted and
lighted.
4. The rules are set forth at the end of this document.
5. This Report and Order is issued under the authority of sections
4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), 154(j), and 303(r).
Final Regulatory Flexibility Analysis
Need and Purpose of This Action
This Report and Order seeks to: (1) Reduce the number of filings to
the Commission regarding changes to antenna structures, (2) expedite
application and notification processing, (3) unify and streamline
federal painting and lighting regulations to ease the public and
governmental burdens associated with processing certain applications,
and (4) increase safety in air navigation.
Summary of the Issues Raised by the Public Comments in Response to the
Initial Flexibility Analysis
There were no comments submitted in response to the Initial
Regulatory Flexibility Analysis.
Significant Alternatives Considered
No significant alternative to this action was contained in the
Notice or suggested by commenters. The action represents the best means
to achieve the regulatory objective of minimizing the regulatory burden
on the public.
Paperwork Reduction Act
This Report and Order contains information collections. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collections contained in
this Report and Order, as required by the Paperwork Reduction Act of
1995, Pub. L. No. 104-13. Public and agency comments are due 30 days
from date of publication of this Report and Order in the Federal
Register; OMB comments are due 60 days from date of publication of this
Report and Order in the Federal Register. Comments should address: (a)
Whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology.
OMB Approval Number: 3060-0645
Title: Antenna Registration Part 17
Form No: Not applicable
Type of Review: Revision of existing collection
Respondents: Businesses; not-for-profit institutions; state, local or
tribal government
Number of Respondents: 14,965
Estimated Time Per Response: .05
Total Annual Burden: 748
Needs and Uses: The notification requirement requires those
licensees who experience antenna structure lighting outages to notify
the FAA of improperly functioning antenna structure lights. This
information is used by FAA personnel to assure that aviators are aware
of unlit antenna structures that would otherwise cause a hazard to air
navigation.
OMB Approval Number: 3060-0645
Title: Antenna Registration Part 17
Form No: Not applicable
Type of Review: Revision of existing collection
Respondents: Businesses; not-for-profit institutions; state, local or
tribal government
Number of Respondents: 14,965
Estimated Time Per Response: .25
Total Annual Burden: 3,741
Needs and Uses: The recordkeeping requirement requires those
licensees who experience problems with the lighting of their antenna
structure lighting to keep a record of the malfunction with the station
records. This information is used by FCC personnel to ensure that
antenna structure lighting systems are properly maintained.
[[Page 4361]]
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 17
Antennas, Aviation safety, Communications equipment, Incorporation
by reference, Radio, Reporting and recordkeeping requirements.
47 CFR Part 21
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 22
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 23
Radio, Reporting and recordkeeping requirements.
47 CFR Part 24
Radio, Reporting and recordkeeping requirements.
47 CFR Part 25
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 73
Radio broadcasting, Television broadcasting.
47 CFR Part 74
Radio broadcasting, Television broadcasting.
47 CFR Part 78
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 80
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 87
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 90
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 94
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 95
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 97
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90, 94, 95,
and 97 of Title 47 of the Code of Federal Regulations are amended as
follows:
I.
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
2. Section 0.131 is amended by revising paragraph (j) to read as
follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(j) Administers the Commission's commercial radio operator program
(Part 13 of this chapter) and the Commission's program for
registration, construction, marking and lighting of antenna structures
(Part 17 of this chapter).
* * * * *
II.
PART 1--PRACTICE AND PROCEDURE
3. The authority citation for Part 1 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552, 21
U.S.C. 853a, unless otherwise noted.
4. Section 1.61 is amended by revising paragraphs (a) and (b),
removing paragraphs (c), (d), (e), and (f), redesignating paragraph (g)
as paragraph (c) and revising its introductory paragraph to read as
follows:
Sec. 1.61 Procedures for handling applications requiring special
aeronautical study.
(a) Antenna Structure Registration is conducted by the Wireless
Telecommunications Bureau as follows:
(1) Each antenna structure owner that must notify the FAA of
proposed construction using FAA Form 7460-1 shall, upon proposing new
or modified construction, register that antenna structure with the
Wireless Telecommunications Bureau using FCC Form 854.
(2) If an Environmental Assessment is required under Sec. 1.1307,
the Bureau will address the environmental concerns prior to processing
the registration.
(3) 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.
(4) 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 licensee authorized to
locate on 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 a copy
of FCC Form 854R to all tenant licensees on the structure and for
posting the registration number as required by Sec. 17.4(g) of this
chapter.
(5) Upon receipt of FCC Form 854, and attached final FAA
determination of ``no hazard,'' the Bureau prescribes antenna structure
painting and/or lighting specifications or other conditions in
accordance with the FAA airspace recommendation and returns a completed
Antenna Structure Registration (FCC Form 854R) to the registrant. If
the proposed structure is disapproved the registrant is so advised.
(b) Each operating Bureau or Office examines the applications for
Commission authorization for which it is responsible to ensure
compliance with FAA notification procedures as well as Commission
Antenna Structure Registration as follows:
(1) If Antenna Structure Registration is required, the operating
Bureau reviews the application for the Antenna Structure Registration
Number and proceeds as follows:
(i) If the application contains the Antenna Structure Registration
Number or if the applicant seeks a Cellular or PCS system
authorization, the operating Bureau processes the application.
(ii) If the application does not contain the Antenna Structure
Registration Number, but the structure owner has already filed FCC Form
854, the operating Bureau places the application on hold until
Registration can be confirmed, so long as the owner exhibits due
diligence in filing.
(iii) If the application does not contain the Antenna Structure
Registration Number, and the structure
[[Page 4362]]
owner has not filed FCC Form 854, the operating Bureau notifies the
applicant that FCC Form 854 must be filed and places the application on
hold until Registration can be confirmed, so long as the owner exhibits
due diligence in filing.
(2) If Antenna Structure Registration is not required, the
operating Bureau processes the application.
(c) Where one or more antenna farm areas have been designated for a
community or communities (see Sec. 17.9 of this chapter), an
application proposing the erection of an antenna structure over 1,000
feet in height above ground to serve such community or communities will
not be accepted for filing unless:
* * * * *
III.
PART 17--CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES
5. The authority citation for Part 17 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303. Interpret or apply secs. 301, 309, 48 Stat. 1081,
1085 as amended; 47 U.S.C. 301, 309.
6. Section 17.1 is revised to read as follows:
Sec. 17.1 Basis and purpose.
(a) The rules in this part are issued pursuant to the authority
contained in Title III of the Communications Act of 1934, as amended,
which vest authority in the Federal Communications Commission to issue
licenses to radio stations when it is found that the public interest,
convenience, and necessity would be served thereby, and to require the
painting, and/or illumination of antenna structures if and when in its
judgment such structures constitute, or there is reasonable possibility
that they may constitute, a menace to air navigation.
(b) The purpose of this part is to prescribe certain procedures for
antenna structure registration and standards with respect to the
Commission's consideration of proposed antenna structures which will
serve as a guide to antenna structure owners. The standards are
referenced from two Federal Aviation Administration (FAA) Advisory
Circulars.
7. Section 17.2 is amended by revising paragraph (a) and adding new
paragraphs (c) and (d) to read as follows:
Sec. 17.2 Definitions.
(a) Antenna structure. The term antenna structure includes the
radiating and/or receive system, its supporting structures and any
appurtenances mounted thereon.
* * * * *
(c) Antenna structure owner. For the purposes of this part, an
antenna structure owner is the individual or entity vested with
ownership, equitable ownership, dominion, or title to the antenna
structure. Notwithstanding any agreements made between the owner and
any entity designated by the owner to maintain the antenna structure,
the owner is ultimately responsible for compliance with the
requirements of this part.
(d) Antenna structure registration number. A unique number, issued
by the Commission during the registration process, which identifies an
antenna structure. Once obtained, this number must be used in all
filings related to this structure.
8. Section 17.4 is revised to read as follows:
Sec. 17.4 Antenna structure registration.
(a) Effective July 1, 1996, the owner of any proposed or existing
antenna structure that requires notice of proposed construction to the
Federal Aviation Administration must register the structure with the
Commission. 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.
(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 an existing antenna structure that had been assigned
painting or lighting requirements prior to July 1, 1996, the owner must
register the structure prior to July 1, 1998.
(3) 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
must file FCC Form 854 with the Commission. Additionally, each owner of
a proposed structure referred to in paragraphs (a)(1) or (a)(3) 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 include the highest point of the structure including any
obstruction lighting or lighting arrester.
(c) If an Environmental Assessment is required under Sec. 1.1307 of
this chapter, the Bureau will address the environmental concerns prior
to processing the registration.
(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 a copy
of FCC Form 854R to all tenant licensees on the structure 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 structure owner shall immediately
provide a copy of Form 854R to each tenant licensee and permittee.
(g) Except as described in paragraph (h) of this section, the
Antenna Structure Registration Number must be displayed in a
conspicuous place so that it is readily visible near the base of the
antenna structure. Materials used to display the Antenna Structure
Registration Number must be weather-resistant and of sufficient size to
be easily seen at the base of the antenna structure.
(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.
9. A new section 17.5 is added to Subpart A to read as follows:
Sec. 17.5 Commission consideration of applications for station
authorization.
(a) Applications for station authorization, excluding services
authorized on a geographic basis, are
[[Page 4363]]
reviewed to determine whether there is a requirement that the antenna
structure in question must be registered with the Commission.
(b) If registration is required, the registrant must supply the
structure's registration number upon request by the Commission.
(c) If registration is not required, the application for
authorization will be processed without further regard to this chapter.
10. A new section 17.6 is added to Subpart A to read as follows:
Sec. 17.6 Responsibility of Commission licensees and permittees.
(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 licensee authorized to
locate on 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 a copy
of FCC Form 854R to all tenant licensees on the structure and for
posting the registration number as required by Sec. 17.4(g).
11. Subpart B is amended by revising its heading to read as
follows:
Subpart B--Federal Aviation Administration Notification Criteria
12. Section 17.10 is amended by revising the introductory paragraph
to read as follows:
Sec. 17.10 Antenna structures over 304.80 meters (1,000 feet) in
height.
Where one or more antenna farm areas have been designated for a
community or communities (see Sec. 17.9), the Commission will not
accept for filing an application to construct a new station or to
increase height or change antenna location of an existing station
proposing the erection of an antenna structure over 304.80 meters
(1,000 feet) above ground unless:
* * * * *
13. Section 17.14 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 17.14 Certain antenna structures exempt from notification to the
FAA.
* * * * *
(a) Any object that would be shielded by existing structures of a
permanent and substantial character or by natural terrain or
topographic features of equal or greater height, and would be located
in the congested area of a city, town, or settlement where it is
evident beyond all reasonable doubt that the structure so shielded will
not adversely affect safety in air navigation. * * *
* * * * *
14. Section 17.17 is amended by revising paragraph (a) to read as
follows:
Sec. 17.17 Existing structures.
(a) The requirements found in Sec. 17.23 relating to painting and
lighting of antenna structures shall not apply to those structures
authorized prior to July 1, 1996. Previously authorized structures may
retain their present painting and lighting specifications, so long as
the overall structure height or site coordinates do not change. The
Antenna Structure Registration requirements found in Sec. 17.5,
however, shall apply to all antenna structures that have been assigned
painting or lighting requirements by the Commission, regardless of
prior authorization.
* * * * *
15. Section 17.22 is amended by revising the first sentence to read
as follows:
Sec. 17.22 Particular specifications to be used.
Whenever painting or lighting is required, the Commission will
generally assign specifications in accordance with the FAA Advisory
Circulars referenced in Sec. 17.23.* * *
16. Section 17.23 is revised to read as follows:
Sec. 17.23 Specifications for painting and lighting antenna
structures.
Unless otherwise specified by the Commission, each new or altered
antenna structure to be registered on or after July 1, 1996, must
conform to the FAA's painting and lighting recommendations set forth on
the structure's FAA determination of ``no hazard,'' as referenced in
the following FAA Advisory Circulars: AC 70/7460-1H, ``Obstruction
Marking and Lighting,'' August 1, 1991, as amended by Change 2, July
15, 1992, and AC 150/5345-43D, ``Specification for Obstruction Lighting
Equipment,'' July 15, 1988. These documents are incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The
documents contain FAA recommendations for painting and lighting
structures which pose a potential hazard to air navigation. For
purposes of this part, the specifications, standards, and general
requirements stated in these documents are mandatory. The Advisory
Circulars listed above are available for inspection at the Commission
Headquarters in Washington, DC, 2025 M Street NW., room 8112, or at the
Office of the Federal Register, 800 North Capitol Street, NW., room
700, Washington, DC., or may be obtained from Department of
Transportation, Utilization and Storage Section (Publications), M443.2,
400 7th Street SW, Washington, DC 20590, telephone (202) 366-0039 or
(202) 366-0451.
Secs. 17.24 through 17.43 [Removed and reserved]
17. Sections 17.24 through 17.43 are removed and reserved.
18. Section 17.47 is revised to read as follows:
Sec. 17.47 Inspection of antenna structure lights and associated
control equipment.
The owner of any antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part:
(a)(1) Shall make an observation of the antenna structure's lights
at least once each 24 hours either visually or by observing an
automatic properly maintained indicator designed to register any
failure of such lights, to insure that all such lights are functioning
properly as required; or alternatively,
(2) Shall provide and properly maintain an automatic alarm system
[[Page 4364]]
designed to detect any failure of such lights and to provide indication
of such failure to the owner.
(b) Shall inspect at intervals not to exceed 3 months all automatic
or mechanical control devices, indicators, and alarm systems associated
with the antenna structure lighting to insure that such apparatus is
functioning properly.
19. Section 17.48 is amended by revising the introductory paragraph
and the second sentence in paragraph (a) to read as follows:
Sec. 17.48 Notification of extinguishment or improper functioning of
lights.
The owner of any antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part:
(a) * * * Such reports shall set forth the condition of the light
or lights, the circumstances which caused the failure, the probable
date for restoration of service, the FCC Antenna Structure Registration
Number, the height of the structure (AGL and AMSL if known) and the
name, title, address, and telephone number of the person making the
report. * * *
* * * * *
20. Section 17.49 is amended by revising the section heading, the
introductory paragraph, and paragraph (c) and adding a new paragraph
(d) to read as follows:
Sec. 17.49 Recording of antenna structure light inspections in the
owner record.
The owner of each antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part must maintain a record of any observed or otherwise known
extinguishment or improper functioning of a structure light and include
the following information for each such event:
* * * * *
(c) Date and time of FAA notification, if applicable.
(d) The date, time and nature of adjustments, repairs, or
replacements made.
21. Section 17.50 is revised to read as follows:
Sec. 17.50 Cleaning and repainting.
Antenna structures requiring painting under this part shall be
cleaned or repainted as often as necessary to maintain good visibility.
22. Section 17.51 is amended by revising paragraph (b) to read as
follows:
Sec. 17.51 Time when lights should be exhibited.
* * * * *
(b) All high intensity and medium intensity obstruction lighting
shall be exhibited continuously unless otherwise specified.
23. Section 17.57 is revised to read as follows:
Sec. 17.57 Report of radio transmitting antenna construction,
alteration, and/or removal.
The owner of an antenna structure for which an Antenna Structure
Registration Number has been obtained must notify the Commission within
24 hours of completion of construction (FCC Form 854-R) and/or
dismantlement (FCC Form 854). The owner must also immediately notify
the Commission using FCC Form 854 upon any change in structure height
or change in ownership information.
IV.
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
24. The authority citation for Part 21 continues to read as
follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
25. Section 21.11 is amended by adding a new paragraph (g) to read
as follows:
Sec. 21.11 Miscellaneous forms shared by all domestic public radio
services.
* * * * *
(g) Antenna Structure Registration. FCC Form 854 (Application for
Antenna Structure Registration) accompanied by a final Federal Aviation
Administration (FAA) determination of ``no hazard'' must be filed by
the antenna structure owner to receive an antenna structure
registration number. Criteria used to determine whether FAA
notification and registration is required for a particular antenna
structure are contained in Part 17 of this chapter.
26. Section 21.15 is amended by revising paragraph (d),
redesignating paragraphs (e), (f), and (g) as (f), (g), and (h),
respectively, and adding a new paragraph (e), to read as follows:
Sec. 21.15 Technical content of applications.
* * * * *
(d) FAA notification. Before the construction of a new antenna
structure or alteration in the height of an existing structure
(including a receive-only or passive repeater) is authorized by the
FCC, a Federal Aviation Administration (FAA) determination of ``no
hazard'' may be required. To apply for this determination, antenna
structure owners must notify the FAA of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of a new antenna structure or
alteration of the overall height of an existing antenna structure,
where FAA notification prior to such construction or alteration is not
required by part 17 of this chapter, must indicate such and, unless the
reason is obvious (e.g. structure height is less than 6.1 meters AGL)
must state why FAA notification is not required. See also Sec. 21.111
if the structure is used by more than one station.
(e) Antenna Structure Registration Number. Applications proposing
construction of a new antenna structure or alteration of the overall
height of an existing antenna structure, where FAA notification prior
to such construction or alteration is required by part 17 of this
chapter, must include the FCC Antenna Structure Registration Number for
the affected structure. If no such number has been assigned at the time
the application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with Part 17 of
this chapter of this structure for the antenna structure in question.
* * * * *
27. Section 21.41 is amended by revising paragraph (c)(3) to read
as follows:
Sec. 21.41 Special processing of applications for minor facility
modifications.
* * * * *
(c) * * *
(3) Changes in the geographical coordinates of a transmit station,
receive station or passive facility by ten seconds or less of latitude,
longitude or both, provided that when notice to the FAA of proposed
construction is required by part 17 of this chapter for the antenna
structure at the previously authorized coordinates (or will be required
at the new location) the applicant must comply with the provisions of
Sec. 21.15(e).
* * * * *
28. Section 21.42 is amended by revising paragraph (c)(6) to read
as follows:
Sec. 21.42 Certain modifications not requiring prior authorization.
* * * * *
(c) * * *
[[Page 4365]]
(6) Decreases in the overall height of an antenna structure,
provided that, when notice to the FAA of proposed construction was
required by part 17 of this chapter for the antenna structure at the
previously authorized height, the applicant must comply with the
provisions of Sec. 21.15 (d) and (e).
* * * * *
29. Section 21.111 is revised to read as follows:
Sec. 21.111 Use of common antenna structure.
The simultaneous use of a common antenna structure by more than one
station authorized under this part, or by one or more stations of any
other service may be authorized. The owner, however, of each antenna
structure required to be painted and/or illuminated under the
provisions of Section 303(q) of the Communications Act of 1934, as
amended, shall install and maintain the antenna structure painting and
lighting in accordance with part 17 of this chapter. In the event of
default by the owner, each licensee or permittee shall be individually
responsible for conforming to the requirements pertaining to antenna
structure painting and lighting.
30. Section 21.112 is revised to read as follows:
Sec. 21.112 Marking of antenna structures.
No owner, conditional licensee, or licensee of an antenna structure
for which obstruction marking or lighting is required and for which an
antenna structure registration number has been obtained, shall
discontinue the required painting or lighting without having obtained
prior written authorization therefor from the Commission. (For complete
regulations relative to antenna marking requirements, see part 17 of
this chapter.)
31. Section 21.117 is amended by revising paragraph (b) to read as
follows:
Sec. 21.117 Transmitter location.
* * * * *
(b) The owner of the antenna structure should locate and construct
such structure as to avoid making them hazardous to air navigation.
(See part 17 of this chapter for provisions relating to antenna
structures.) Such installation shall be maintained in good structural
condition together with any required painting or lighting.
V.
PART 22--PUBLIC MOBILE SERVICES
32. The authority citation for Part 22 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
33. Section 22.115 is amended by revising paragraphs (a)(2) and
(a)(3) to read as follows:
Sec. 22.115 Content of applications.
* * * * *
(a) * * *
(2) Antenna structure registration. Applications proposing the use
of one or more new or existing antenna structures must contain the FCC
Antenna Structure Registration Number, if assigned, of each such
antenna structure for which Federal Aviation Administration (FAA)
notification is or was required by part 17 of this chapter prior to its
construction. If, at the time an application is filed, an FCC Antenna
Structure Registration Number has not been assigned for any such
antenna structure, the applicant must indicate in the application
whether or not, as of the date the application is filed, the antenna
structure owner has registered the antenna structure with the FCC in
accordance with part 17 of this chapter.
(3) FAA notification. Before constructing a new antenna structure
or increasing the height of an existing structure, an antenna structure
owner may be required to obtain an FAA determination of No Hazard to
Air Navigation. To obtain this determination, the FAA must be notified
of the planned construction or alteration. Criteria used to determine
whether FAA notification is required for any particular antenna
structure are contained in part 17 of this chapter.
(i) Applications proposing to use a new antenna structure or an
existing antenna structure for which the height is increased must
indicate whether FAA notification is required by part 17 of this
chapter.
(ii) If FAA notification is required by part 17 of this chapter, a
copy of the FAA determination should be included in the application.
However, if the FAA determination is not available at the time the
application is filed, the application must include the following
information in regard to the FAA notification: the name of the person
that submitted the notification, the date the notification was
submitted, and the location of the FAA office to which the notification
was submitted.
(iii) If FAA notification is not required by part 17 of this
chapter, the application must indicate such and, unless the reason
therefor is obvious (e.g. antenna structure height is less than 6.10
meters above ground level), must contain a statement explaining why FAA
notification is not required.
* * * * *
34. Section 22.365 is revised to read as follows:
Sec. 22.365 Antenna structures; air navigation safety.
Licensees that own their antenna structures must not allow these
antenna structures to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, each FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17 of
this chapter. See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked,
lighted and maintained in accordance with Part 17 of this chapter and
all applicable rules and requirements of the Federal Aviation
Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
VI.
PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES
35. The authority citation for Part 23 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47
U.S.C. 301.
36. Section 23.28 is amended by adding a new paragraph (c) to read
as follows:
Sec. 23.28 Special temporary authorization.
* * * * *
(c) Each application proposing construction of one or more new
antenna structures or alteration of the overall height of one or more
existing antenna structures, where FAA notification prior to such
construction or alteration is required by part 17 of this chapter, must
include the FCC Antenna Structure Registration
[[Page 4366]]
Number(s) for the affected structure(s). If no such number has been
assigned at the time the application(s) is filed, the applicant must
state in the application whether the owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with part 17 of
this chapter. Applications proposing construction of one or more new
antenna structures or alteration of the overall height of one or more
existing antenna structures, where FAA notification prior to such
construction or alteration is not required by part 17 of this chapter,
must indicate such and, unless the structure is 6.10-meters or less
above ground level (AGL), must contain a statement explaining why FAA
notification is not required.
37. Section 23.39 is revised to read as follows:
Sec. 23.39 Antenna structures.
(a) FAA notification. Before the construction of new antenna
structures or alteration in the height of existing antenna structures
is authorized by the FCC, a Federal Aviation Administration (FAA)
determination of ``no hazard'' may be required. To apply for this
determination, the FAA must be notified of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of one or more new antenna
structures or alteration of the overall height of one or more existing
antenna structures, where FAA notification prior to such construction
or alteration is not required by part 17 of this chapter, must indicate
such and, unless the reason is obvious (e.g. structure height is less
than 6.10 meters AGL) must contain a statement explaining why FAA
notification is not required.
(b) Painting and lighting. The owner of each antenna structure
required to be painted and/or illuminated under the provisions of
Section 303(q) of the Communications Act of 1934, as amended, shall
operate and maintain the antenna structure painting and lighting in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be individually responsible for
conforming to the requirements pertaining to antenna structure painting
and lighting.
(c) Antenna Structure Registration Number. Applications proposing
construction of one or more new antenna structures or alteration of the
overall height of one or more existing structures, where FAA
notification prior to such construction or alteration is required by
part 17 of this chapter, must include the FCC Antenna Structure
Registration Number(s) for the affected structure(s). If no such number
has been assigned at the time the application is filed, the applicant
must state in the application whether or not the antenna structure
owner has notified the FAA of the proposed construction or alteration
and applied to the FCC for an Antenna Structure Registration Number in
accordance with part 17 of this chapter for the antenna structure in
question.
38. Section 23.40 is removed and reserved.
VII.
PART 24--PERSONAL COMMUNICATIONS SERVICES
39. The authority citation for Part 24 continues to read as
follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless
otherwise noted.
40. A new Sec. 24.55 is added to read as follows:
Sec. 24.55 Antenna structures; air navigation safety.
Licensees that own their antenna structures must not allow these
antenna structures to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, each FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17 of
this chapter. See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked,
lighted and maintained in accordance with part 17 of this chapter and
all applicable rules and requirements of the Federal Aviation
Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
41. Section 24.416 is removed.
42. Section 24.816 is removed.
VIII.
PART 25--SATELLITE COMMUNICATIONS
43. The authority citation for Part 25 continues to read as
follows:
Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.
44. Section 25.113 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (f), and adding new paragraphs
(d) and (e) to read as follows:
Sec. 25.113 Construction permits.
* * * * *
(c) FAA notification. Before the construction of new antenna
structures or alteration in the height of existing antenna structures
is authorized by the FCC, a Federal Aviation Administration (FAA)
determination of ``no hazard'' may be required. To apply for this
determination, the FAA must be notified of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of one or more new antenna
structures or alteration of the overall height of one or more existing
antenna structures, where FAA notification prior to such construction
or alteration is not required by part 17 of this chapter, must indicate
such and, unless the reason is obvious (e.g. structure height is less
than 6.10 meters AGL) must contain a statement explaining why FAA
notification is not required.
(d) Painting and lighting. The owner of each antenna structure
required to be painted and/or illuminated under the provisions of
Section 303(q) of the Communications Act of 1934, as amended, shall
operate and maintain the antenna structure painting and lighting in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be individually responsible for
conforming to the requirements pertaining to antenna structure painting
and lighting.
(e) Antenna Structure Registration Number. Applications proposing
construction of one or more new antenna structures or alteration of the
overall height of one or more existing structures, where FAA
notification prior to such construction or alteration is required by
part 17 of this chapter, must
[[Page 4367]]
include the FCC Antenna Structure Registration Number(s) for the
affected structure(s). If no such number has been assigned at the time
the application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with part 17 of
this chapter for the antenna structure in question.
* * * * *
45. Section 25.119 is amended by adding a new paragraph (c) to read
as follows:
Sec. 25.119 Application for special temporary authorization.
* * * * *
(c) Each application proposing construction of one or more earth
station antennas or alteration of the overall height of one or more
existing earth station antenna structures, where FAA notification prior
to such construction or alteration is required by part 17 of this
chapter, must include the FCC Antenna Structure Registration Number(s)
for the affected satellite earth station antenna(s). If no such number
has been assigned at the time the application(s) is filed, the
applicant must state in the application whether the satellite earth
station antenna owner has notified the FAA of the proposed construction
or alteration and applied to the FCC for an Antenna Structure
Registration Number in accordance with part 17 of this chapter.
Applications proposing construction of one or more earth station
antennas or alteration of the overall height of one or more existing
earth station antennas, where FAA notification prior to such
construction or alteration is not required by part 17 of this chapter,
must indicate such and, unless the satellite earth station antenna is
6.10 meters or less above ground level (AGL), must contain a statement
explaining why FAA notification is not required.
46. Section 25.130 is amended by adding a new paragraph (e) to read
as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
* * * * *
(e) Each application proposing construction of one or more earth
station antennas or alteration of the overall height of one or more
existing earth station antennas, where FAA notification prior to such
construction or alteration is required by part 17 of this chapter, must
include the FCC Antenna Structure Registration Number(s) for the
affected satellite earth station antenna(s). If no such number has been
assigned at the time the application(s) is filed, the applicant must
state in the application whether the satellite earth station antenna
owner has notified the FAA of the proposed construction or alteration
and applied to the FCC for an antenna Structure Registration Number in
accordance with part 17 of this chapter. Applications proposing
construction of one or more earth station antennas or alteration of the
overall height of one or more existing earth station antennas, where
FAA notification prior to such construction or notification or
alteration is not required by part 17 of this chapter, must indicate
such and, unless the satellite earth station antenna is 6.10 meters or
less above ground level (AGL), must contain a statement explaining why
FAA notification is not required.
47. Section 25.300 is amended by adding paragraph (h) to read as
follows:
Sec. 25.300 Developmental operation.
* * * * *
(h) Each application for developmental operation proposing
construction of one or more earth station antennas or alteration of the
overall height of one or more existing earth station antennas, where
FAA notification prior to such construction or alteration is required
by part 17 of this chapter, must include the FCC Antenna Structure
Registration Number(s) for the affected satellite earth station
antenna(s). If no such number has been assigned at the time the
application is filed, the applicant must state in the application
whether the satellite earth station antenna owner has notified the FAA
of the proposed construction or alteration and applied to the FCC for
an Antenna Structure Registration Number in accordance with part 17 of
this chapter. Applications proposing construction of one or more earth
station antennas or alteration of the overall height of none or more
existing earth station antennas, where FAA notification prior to such
construction or notification or alteration is not required by part 17
of this chapter, must indicate such and, unless the satellite earth
station antenna is 6.10 meters or less above ground level (AGL), must
contain a statement explaining why FAA notification is not required.
* * * * *
IX.
PART 73--RADIO BROADCAST SERVICES
48. The authority citation for Part 73 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, 334.
49. Section 73.1213 is revised to read as follows:
Sec. 73.1213 Antenna structure, marking and lighting.
(a) The provisions of part 17 of this chapter (Construction,
Marking, and Lighting of Antenna Structures), requires certain antenna
structures to be painted and/or lighted in accordance with part 17.
(b) The owner of each antenna structure is responsible for ensuring
that the structure, if required, is painted and/or illuminated in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be responsible for ensuring
that the structure complies with applicable painting and lighting
requirements.
50. Section 73.1690 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(b) * * *
(1) Any change in the location, or directional radiation
characteristics of a directional antenna system. (See Sec. 73.45 and
Sec. 73.150, AM; Sec. 73.316, FM; or Sec. 73.685, TV.)
* * * * *
51. Section 73.3533 is amended by adding a new paragraph (c) to
read as follows:
Sec. 73.3533 Application for construction permit or modification of
construction permit.
* * * * *
(c) In each application referred to in paragraph (a) of this
section, the applicant will provide the Antenna Structure Registration
Number (FCC Form 854R) of the antenna structure upon which it will
locate its proposed antenna. In the event the antenna structure does
not already have a Registration Number, either the antenna structure
owner shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance of the antenna structure is not necessary.
X.
PART 74--EXPERIMENTAL, AUXILIARY, AND SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
52. The authority citation for Part 74 continues to read as
follows:
[[Page 4368]]
Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as
amended; 47 U.S.C. 154, 303, 554.
53. Section 74.22 is revised to read as follows:
Sec. 74.22 Use of common antenna structure.
The simultaneous use of a common antenna structure by more than one
station authorized under this part, or by one or more stations of any
other service may be authorized. The owner of each antenna structure is
responsible for ensuring that the structure, if required, is painted
and/or illuminated in accordance with part 17 of this chapter. In the
event of default by the owner, each licensee or permittee shall be
responsible for ensuring that the structure complies with applicable
painting and lighting requirements.
54. Section 74.551 is amended by adding a new paragraph (c) to read
as follows:
Sec. 74.551 Equipment changes.
* * * * *
(c) Any application proposing a change in the height of the antenna
structure or its location must also include the Antenna Structure
Registration Number (FCC Form 854R) of the antenna structure upon which
it will locate its proposed antenna. In the event the antenna structure
does not have a Registration Number, either the antenna structure owner
shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance are not necessary.
55. Section 74.651 is amended by adding a new paragraph (d) to read
as follows:
Sec. 74.651 Equipment changes.
* * * * *
(d) Any application proposing a change in the height of the antenna
or its location must also include the Antenna Structure Registration
Number (FCC Form 854R) of the antenna structure upon which it will
locate its proposed antenna. In the event the antenna structure does
not have a Registration Number, either the antenna structure owner
shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance are not necessary.
56. Section 74.1251 is amended by adding a new paragraph (d) to
read as follows:
Sec. 74.1251 Technical and equipment modifications.
* * * * *
(d) Any application proposing a change in the height of the antenna
structure or its location must also include the Antenna Structure
Registration Number (FCC Form 854R) of the antenna structure upon which
it proposes to locate its antenna. In the event the antenna structure
does not have a Registration Number, either the antenna structure owner
shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance are not required.
XII.
PART 78--CABLE TELEVISION RELAY SERVICE
57. The authority citation for Part 78 continues to read as
follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1084, 1085; 47 U.S.C. 152,
153, 154, 301, 303, 307, 308, 309.
58. Section 78.63 is revised to read as follows:
Sec. 78.63 Antenna structure marking and lighting.
The owner of each antenna structure is responsible for ensuring
that the structure, if required, is painted and/or illuminated in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee shall be responsible for ensuring that the
structure complies with applicable painting and lighting requirements.
59. Section 78.109 is amended by removing paragraph (a)(3),
redesignating paragraphs (a)(4), (a)(5), (a)(6), (a)(7), and (a)(8) as
(a)(3), (a)(4), (a)(5), (a)(6), and (a)(7) respectively, and adding a
new paragraph (c) to read as follows:
Sec. 78.109 Equipment changes.
* * * * *
(c) Any application proposing a change in the height of the antenna
structure or its location shall include the Antenna Structure
Registration Number (FCC Form 854R) of the structure upon which it
proposes to locate its antenna. In the event the antenna structure does
not have a Registration Number, the owner of the antenna structure
shall file an FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation as to why registration
and clearance are not required.
XII.
PART 80--STATIONS IN THE MARITIME SERVICES
60. The authority citation for Part 80 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
61. Section 80.110 is revised to read as follows:
Sec. 80.110 Inspection and maintenance of antenna structure markings
and associated control equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
XIII.
PART 87--AVIATION SERVICES
62. The authority citation for Part 87 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-
1105, as amended; 47 U.S.C. 151-156, 301-609.
63. Section 87.75 is revised to read as follows:
Sec. 87.75 Maintenance of antenna structure marking and control
equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
XIV.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
64. The authority citation for Part 90 continues to read as
follows:
[[Page 4369]]
Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.
65. Section 90.441 is revised to read as follows:
Sec. 90.441 Inspection and maintenance of antenna structure marking
and associated control equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
66. Section 90.443 is amended by removing paragraph (c) and
redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively.
XV.
PART 94--PRIVATE OPERATIONAL-FIXED MICROWAVE SERVICE
67. The authority citation for Part 94 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303 and 332, unless otherwise noted.
68. Section 94.111 is amended by revising the section heading and
introductory paragraph to read as follows:
Sec. 94.111 Inspection and maintenance of antenna structure marking
and associated control equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
* * * * *
69. Section 94.113 is removed.
XVI.
PART 95--PERSONAL RADIO SERVICES
70. The authority citation for Part 95 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47
U.S.C 154, 303, unless otherwise noted.
71. Section 95.83 is amended by adding a new paragraph (a)(3) to
read as follows:
Sec. 95.83 Additional information for stations with antennas higher
than normally allowed.
(a) * * *
(3) Register the structure by submitting FCC Form 854. The
requirements for antenna structure registration, painting, and lighting
are found in part 17 of this chapter.
* * * * *
XVII.
PART 97--AMATEUR RADIO SERVICE
72. The authority citation for Part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 201-609, unless otherwise noted.
73. Section 97.15 is amended by revising paragraph (d) to read as
follows:
Sec. 97.15 Station antenna structures.
* * * * *
(d) Further details as to whether an aeronautical study is required
or if the structure must be registered, painted, or lighted are
contained in part 17 of this chapter, Construction, Marking, and
Lighting of Antenna Structures. To request approval to place an antenna
structure higher than the limits specified in paragraphs (a), (b), and
(c) of this section, the licensee must notify the FAA using FAA Form
7460-1 and the structure owner must register the structure using FCC
Form 854.
* * * * *
[FR Doc. 96-1975 Filed 2-5-96; 8:45 am]
BILLING CODE 6712-01-P
