[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 [email protected], and to Timothy Fain, OMB 
Desk Officer, 10236 NEOB, 725 17th Street NW., Washington, DC 20503 or 
via the Internet to [email protected].

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 
[email protected].

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