[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8618-8619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3675]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 17, 21, 22, 23, 25, 73, 74, 78, 80, 87, 90, 94,
95, and 97
[WT Docket No. 95-5, FCC 95-16]
Streamlining the Antenna Structure Clearance Procedure and
Revision of the Rules Concerning Construction, Marking, and Lighting of
Antenna Structures
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission has adopted a Notice of Proposed Rule Making
which seeks 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. This action stems from the Commission's effort to
streamline regulatory processes and eliminate unnecessary public
burdens as well as the need to update the Commission's Rules to reflect
recent changes in two FAA Advisory Circulars and the Communications Act
of 1934, as amended. Thus, the proposed rules should reduce the number
of Commission filings, expedite the processing authorizations involving
FAA coordination, and clarify rules concerning the painting and
lighting of antenna structures.
DATES: Comments must be filed on or before March 21, 1995, and reply
comments must be filed on or before April 20, 1995.
ADDRESSES: Federal Communications Commission, 1919 M Street NW.,
Washington, DC 20554.
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.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, WT Docket No. 95-5, FCC 95-16, adopted January
12, 1995, and released, January 20, 1995. The full text of this Notice
of Proposed Rule Making 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 International Transcription Services, 2100
M Street NW., Washington, DC 20037, telephone (202) 857-3800.
Summary of Notice of Proposed Rule Making
1. The Commission has initiated the instant proceeding to
thoroughly review its antenna structure clearances process, eliminate
unnecessary public burdens, and reduce processing time for Commission
authorizations that require FAA coordination. Presently, the clearance
process requires identifying the coordinates and height of each antenna
structure requiring FAA notification (i.e., each structure exceeding
60.96 meters (200 feet) in height above ground level or within close
proximity to an airport). If the FAA determines that such a structure
is a potential hazard to air navigation because of its height or
location, the FAA may recommend that the antenna structure height be
decreased, recommend painting or lighting specifications, or both.
Thus, the current clearance process requires certain prospective
licensees and permittees to file antenna structure data with the
Commission and the FAA, and upon authorization, holds licensees and
permittees responsible for the painting and lighting of antenna
structures, where required.
2. The Commission proposes three distinct changes to the rules.
First, the Commission proposes to replace the current clearance process
with a streamlined procedure for registering each antenna structure
which requires FAA notification. The registration process would require
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 would not impose a greater net filing burden on the public, but
would instead decrease the number of entities affected by these
requirements.
3. Second, the Commission proposes to incorporate 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 150/5435-43D)
released July, 1988. This proposed 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 for 10 years. This action would serve to streamline the
Commission's Rules and increase air safety.
4. Third, the Commission proposes to implement 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.
5. The Commission seeks specific comments concerning the proposed
rule amendments, options for implementing the registration process, and
whether the proposal may necessitate changes to the Commission's
environmental rules in 47 CFR 1.1301-1.1319.
6. Initial Regulatory Flexibility Analysis. Reason for Action. The
Commission proposes to: (1) institute a procedure to register certain
antenna structures, used by Commission licensees and permittees, which
require notice to the FAA of proposed construction, (2) revise the
Commission's painting and lighting requirements to incorporate by
reference FAA Advisory Circulars AC 70/7460-1H (August 1991) and AC
150/5345-43D (July 1988), and (3) hold antenna structure owners
primarily responsible for compliance with the Commission's painting and
lighting requirements.
Objectives
The Commission 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 application,
(4) increase safety in air navigation. [[Page 8619]]
Legal Basis
The proposed actions are authorized under sections 4(i), 4(j) and
303(r) of the Communications Act 47 U.S.C. 154(i), 154(j), and 303(r).
Reporting, Recordkeeping and Other Compliance Requirements
The proposed revision of 47 CFR Part 17 would require certain
antenna structure owners to register their structures and to comply
with the Commission's painting and lighting requirements. Additionally,
each owner would have to provide a copy of the Antenna Structure
Registration to all tenant licensees and post the structure's
Registration Number at the site. Further, the proposed rules eliminate
the requirement for certain licensees and permittees to individually
file with the Commission to amend structure height or painting and
lighting specifications. Most licensees and permittees, however, would
have to provide the Registration Number of the structure from which
they intend to transmit when filing for a new, modified, or renewed
authorization.
Federal Rules Which Overlap, Duplicate or Conflict With These Rules
None.
Description, Potential Impact, and Small Entities Involved
Any rule change requiring a small business antenna structure owner
to file an application for Registration could affect a small business.
However, the overall impact, if any, will be minimal because the
proposed registration process will eliminate the need for many small
business licensees and permittees on an antenna structure to file
certain applications and notifications. The Commission will further
examine the impact of any rule changes on small entities after
evaluating the comments in this proceeding.
Any Significant Alternatives Minimizing the Impact on Small Entities
Consistent With the Stated Objectives
None.
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, 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 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,
Secretary.
[FR Doc. 95-3675 Filed 2-14-95; 8:45 am]
BILLING CODE 6712-01-M
