[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