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Ndn|,,x00,xxtdmI>I333YC!!!1!>37777777777777777777777777777777dM7Hddoooq!  !!!!d!!! !!y!!oooo7o!P777d7777!77!dP0n0xxdx|,,,!!!!!!d !!!!!!!!!!!!! oooo"i~'^:DTddDDDd4D48ddddddddddDDd||||DXp||dp||ppL8LTdDddXdX8dd88X8ddddLL8dXXXLP8PlD4lTDDD4DDDDDDdDd8|d|d|d|d|dX|X|X|X|XD8D8D8D8dddddddddpX|ddddpXd|d|d|d|dXXlXx|X|X|X|XdddldldD8DdDDDddllXp8pHpDp@p8dtdddd|L|L|LdLdLdLllpHp8pTddddddplpLpLpLdpDddLpDpdx4ddC,CWddddddddddddddddddddddddddddddddddddddddNHxxHhdLdddddd8@d<@d<DDppdDDxddzHxxHkddDpd<"dxtldxxd2tSoX",^tP8hhpppp     `     x  pppp8p Phhp     `pppp                           p pp     ` p      x     hHWddddddddddddddddddddddddddddddddddddddddNp00x000x0MMPx"00p0 X- $//R&O, Part 17,WT Dck No 955,FCC 95473//$ $/17.4 Antenna Structure Registration/$ A   X-2+ Before the X-TP[ FEDERAL COMMUNICATIONS COMMISSION ă`5(# FCC 95473 à Washington, D.C. 20554 T O ddx !ddx_<< O   a  In the Matter of Streamlining the Commission's Antenna Structure Clearance Procedure and Revision of Part 17 of the Commission's Rules Concerning Construction, Marking, and Lighting of Antenna Structuresa ) ) ) ) WT Docket No. 955 ) ) ) ) )_a  X-  REPORT AND ORDER  X-  X-Adopted: November 28, 1995;hh@hReleased: November 30, 1995 By the Commission:  X9- Table of Contents ĐTP  X - Paragraph No.ĐX(#P  X-I.xINTRODUCTIONhh@hpp  xx 0 INTRO1   X-II.xEXECUTIVE SUMMARYhh@hpp  xx 0EXEC SUMM2  X-III.xBACKGROUNDhh@hpp  xx 0BACKGROUND3  XS -IV.xDISCUSSION  X bF; X-ԍxSee 6 FCC Rcd 7551 (1991).Q This broad definition of "license" clearly encompasses antenna registration. If the owner of a structure is denied registration because he cannot so certify, we would not require existing tenant licensees to vacate the structure, nor would future tenant licensees be precluded from placing antennas on the structure. Rather, the first tenant licensee authorized on the structure would be responsible for registering the structure and providing a copy of the registration (FCC Form 854R) to the owner. The owner would still be responsible for painting and lighting the structure, providing a copy of the registration to all tenant licensees, and posting the registration number.  X-x B.` ` Part 17 update  X-x+44. PART 17 ` ` Proposal. In the Notice, we noted that parties intending to construct or modify an antenna structure may be required to seek a determination from the FAA as to whether the proposed structure is a potential hazard to air navigation. In cases where an antenna structure may pose a hazard to air navigation, the FAA may recommend painting and/or lighting in accordance with two of its Advisory Circulars, "Obstruction Marking and Lighting" (AC 70/7460-IH), August 1991, as amended by Change 2, July 15, 1992, and "Specification for Obstruction Lighting Equipment" (AC 150/5345-43D), July 1988. Part 17 of the Rules sets forth requirements for painting and lighting antenna structures, which generally reflect earlier versions of the two FAA Advisory Circulars. The Commission has the authority to specify painting and lighting requirements other than those listed in Part 17 in cases where current  X -guidelines are inadequate to ensure air safety.L? F; X'-ԍx47 C.F.R.  17.22.L Pursuant to this authority, the Commission" ?0*(('" generally relies on the FAA's recommendation, and not Part 17 of the Rules, when prescribing painting and/or lighting for each licensee on a given antenna structure.  X-x,45.` ` In order to update our rules in accordance with the most recent FAA Advisory Circulars, and streamline Part 17, we proposed to incorporate by reference into Part 17 the  X-painting and lighting recommendations contained in the Advisory Circulars listed above.I@F; X-ԍxNotice at  18.I Under our proposal, owners of antenna structures that received clearance prior to January 1, 1996, would retain the old painting and/or lighting requirements but would be required to comply with the Advisory Circulars within ten years. Further, each owner registering a new antenna structure would be assigned painting and/or lighting requirements referenced in Part 17 at the time of registration. We proposed that, once a new or existing structure has been assigned painting and/or lighting requirements via the registration process, the structure could be maintained in accordance with the registration for an indefinite period.  X -x-46.` ` Comments. Capital Cities/ABC, Inc. (Capital Cities/ABC) opposes the proposal, contending that the FAA Advisory Circulars are intended to be general in nature and are not necessarily applicable to every antenna structure. Capital Cities/ABC also notes that the FAA makes its painting and/or lighting recommendation on a case-by-case basis and requiring "automatic, across-the-board compliance with new guidelines would remove from the process the FAA's expertise and its sensitivity to the differing circumstances raised by  X4-each antenna structure."VA4yF; X^-ԍxCapital Cities/ABC comments at 6 7.V In a similar vein, NAB argues that the Commission's Rules should not be "automatically amended" to incorporate FAA regulatory changes. Instead, NAB urges the Commission to conduct its own notice and comment rule making whenever it wishes to  X-incorporate FAA recommendations into its Rules.CB*F; X-ԍxNAB comments at 8.C AMTA, Industrial Communications & Electronics, Inc. (IC&E), and Sprint Corporation (Sprint), however, support incorporating the Advisory Circulars by reference as an effort to implement more current air safety  X-recommendations while conserving Commission resources.CF; X6-ԍxAMTA comments at 9. See also IC&E comments at 8 and Sprint comments at 6. UTC also supports our proposal to reference FAA painting and lighting recommendations, but urges the Commission to retain  X|-primary jurisdiction over electromagnetic interference issues.ID|F; X"-ԍxUTC comments at 12 13.I  XN-x.47.` ` Three commenters support the Commission's proposal to require compliance with the Advisory Circulars within a five or ten year time frame. For example, Sprint asserts that all antenna structures should be brought into compliance with the most recent FAA" = D0*(('"  X-recommendations as soon as economically possible.EF; Xy-ԍxSprint comments at 6. See also IC&E comments at 8 and NAB comments at 8. The Association of Federal Communications Consulting Engineers (AFCCE), FAA, and S&P oppose this new requirement, noting that neither the Commission nor the FAA has ever required structures to update painting and lighting requirements. Opposing commenters also point out that the economic burdens associated with updating the painting and lighting for a large portion of the 75,000 existing antenna structures is unreasonable and unwarranted because such structures  Xv-are not a hazard to air navigation.FvyF; X -ԍxAFCCE comments at 5, ex parte filing of the FAA on July 12, 1995, and Smith at 6.  XH-x/48.` ` Decision. We will incorporate by reference FAA Advisory Circulars, "Obstruction Marking and Lighting" (AC 70/7460-IH), August 1991, as amended by Change 2, July 15, 1992, and "Specification for Obstruction Lighting Equipment" (AC  X -150/5345-43D), July 1988, in Part 17 of the Rules.G *F; X-ԍxThis incorporation by reference was approved by the Director of the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 C.F.R. Part 51, to be effective 30 days after publication of final rules in the Federal Register. In doing so, we wish to address the matters raised by the opposing commenters. We agree with Capital Cities/ABC to the extent that the Advisory Circulars are sufficiently broad in scope as to not only apply to antenna structures, but many other manmade hazards such as water towers and windmills. The Advisory Circulars, however, have specific chapters and diagrams describing in detail the FAA painting and lighting recommendations for antenna structures. Thus, even though the Advisory Circulars are broad in nature, the chapters are specific, eliminating ambiguity in painting and lighting requirements for structures of a given height. We also agree with NAB's contention that a notice and comment rule making proceeding should be initiated in  X4-order to incorporate future versions of the Advisory Circulars. As we stated in the Notice, if the FAA makes substantive amendments to either of the Advisory Circulars, the Commission  X-must initiate a public proceeding prior to updating Part 17 of the Rules.8HF; Xd-ԍxSee Notice at  18. See also 5 U.S.C.  553(c). In addition, the Commission would again seek an authorization from the Director of the Federal Register to incorporate any subsequent FAA Advisory Circulars or substantive amendments.8 Nonsubstantive changes could be handled by simply issuing an Order. Substantive changes, for example, include increasing the number of red beacons on all structures, while nonsubstantive changes could include updating an address or phone number listed in the documents. Regarding UTC's comments, our proposal is merely to incorporate by reference the current FAA painting and lighting recommendations into Part 17 of the Rules. This will not change, in any way, the current procedure in which the FAA recommends specific painting and/or lighting specifications for a particular structure. We will continue to use the FAA recommendation in meeting our statutory responsibility under Section 303(q) of the Communications Act to prescribe appropriate painting and/or lighting requirements for antenna structures."70 H0*(('"Ԍ X-ԙx049.` ` We will not require owners to update painting and lighting requirements unless specifically recommended by the FAA. At present, the FAA recommends painting and lighting for antenna structures prior to construction only, and thereafter does not recommend periodic updates. We agree with the commenters that requiring owners to update painting and lighting requirements in accordance with Advisory Circulars would place significant new economic and administrative burdens on owners. Based on the arguments above, we will not require owners to comply with the new Advisory Circulars unless such action is specifically recommended by the FAA. For existing structures, Form 854R (antenna structure registration) will, in most cases, denote the specific painting and lighting requirements originally assigned to the structure. Owners may retain the original painting and lighting requirements indefinitely or may apply to paint and light in accordance with current FAA recommendations. For new construction or alteration of existing structures, Form 854R will reference the FAA Advisory Circulars found in Part 17 of the Commission's Rules at the time of registration.  X -x C.` ` New requirements for antenna structure owners  Xy-x (1)` ` Primary responsibility  XK-x150.PRIMARY RESP` ` Proposal. In the Notice, we stated that, under the proposed antenna structure registration procedure, the antenna structure owner would be primarily responsible for maintaining prescribed structure painting and/or lighting in accordance with Part 17. We then stated that, if the owner cannot be reached or reliance on the owner to maintain prescribed structure painting and/or lighting proves to be ineffective, we would then turn to the individual tenant licensees as the entities who bear secondary responsibility for the structure's  X-proper maintenance.IIF; X:-ԍxNotice at  21.I  X-x251.` ` Comments. A majority of the commenters oppose a secondary responsibility on individual tenant licensees. Capital Cities/ABC argues that, in most cases, tenant licensees do not own the antenna structure and therefore have no legal right to make alterations  XN-(including replacing lights or repainting) to the structure.VJNyF; Xx-ԍxCapital Cities/ABC comments at 4 6.V Several parties, including AT&T, Nationwide, and Wireless Cable Association International, Inc. (WCAI), request that the  X -Commission clarify the nature and extent of the secondary liability.vK *F; X"-ԍxAT&T comments at 4, Nationwide comments at 3, and WCAI comments at 3.v Further, IC&E points out that licensees should be given a chance to facilitate compliance by the structure owner,  X-rather than being immediately sanctioned.DLF; X~&-ԍxIC&E comments at 9.D "L0*((;'"Ԍ X-x352.` ` Decision. After careful consideration of these comments, we continue to believe that the antenna structure owner should have the primary responsibility for maintaining the prescribed painting and lighting of the structure, while a secondary responsibility should be imposed on the individual licensees on the structure. We reject the view that licensees on the structure should be relieved of all responsibility for maintaining the prescribed painting and lighting of the structure. The reason is twofold. First, in enacting Public Law No. 102-538, 106 Stat. 3533 (making structure owners as well as Commission licensees responsible for the painting and lighting of antenna structures and making non-licensee structure owners subject to forfeitures), Congress did not, in any way, suggest that licensees should be relieved of their responsibility to maintain the prescribed structure painting and/or lighting. Second, one of the Commission's primary responsibilities in this area is ensuring that antenna structures do not pose a threat to air safety. Thus, for compelling public safety reasons the Commission must have means to ensure that prescribed structure painting and/or lighting is maintained at all times and that lighting outages will be promptly rectified. To this end, we believe that continuing to impose a responsibility on licensees will make it incumbent on them to assure that the structure owner maintains prescribed painting and/or lighting, and, if necessary, take steps to maintain painting and/or lighting in the event of default by the structure owner.  XK-x453.` ` We emphasize that under normal circumstances, we will only look to the structure owner to maintain the prescribed painting and/or lighting. However, in the event the  X-structure owner is unable to maintain the prescribed painting or lighting, e.g., in cases including but not limited to abandonment, negligence, or bankruptcy, we would require that individual licensees on the structure undertake efforts to maintain painting and lighting upon request by the Commission. Additionally, if a tenant licensee has reason to believe that the structure is not in compliance or that the owner is not carrying out its responsibility to maintain the structure as required by Part 17 of the Rules, the licensee must immediately notify the owner, notify the site management company (if applicable), notify the Commission, and make a diligent effort to ensure that the antenna structure is brought into compliance. We are not, however, requiring licensees to independently monitor the antenna structure. Instead, licensees must assume responsibility and take appropriate action if circumstances would lead a reasonable person to question whether the structure is being maintained. For example, if a licensee becomes aware that electrical power is no longer available at the site or has rental payment for antenna space returned due to unavailability of the owner, the licensee must take reasonable actions to ensure that the structure is immediately brought into compliance. Under these circumstances, any sanction that may be directed to a licensee will be determined on a case-by-case basis depending upon the magnitude of noncompliance, its length of time, access of the licensee to the structure and the diligence of the licensee to rectify the noncompliance with the prescribed painting or lighting or to alert the Commission or the FAA.  Xh$- x(2)` ` Definition of "owner"  X:&-x554.DEF OF OWNER` ` Proposal. The rules proposed in the Notice defined the owner of an antenna structure as, ". . . either the entity that owns the structure or the entity designated by the"#'L0*((%'" owner to maintain the antenna structure in accordance with this part." The definition also states that the entity who owns the structure is ultimately responsible for compliance with the  X-requirements found in Part 17.dMF; XK-ԍxNotice at Appendix B, 47 C.F.R.  17.2(d).d  X-x655.` ` Comments. Several commenters sought clarification of, or modifications to, our proposed definition of an owner. As an illustration, GTE asks the Commission to clarify  Xv-the situation in which the structure owner erects a structure on leased land.DNvyF; X -ԍxGTE comments at 12.D Commenters also point out that structure owners and licensees may have contractual arrangements with another party, such as a site management company, to maintain the prescribed painting and/or lighting of the structure. According to Capital Cities/ABC, some licensees, who are not  X -owners of the structure, may not even have legal access to the structure.RO *F; X-ԍxCapital Cities/ABC comments at 4.R AFCCE suggests that site management companies be defined as an owner for the purposes of Part 17 of the Rules. In support of this suggestion, AFCCE states that the site management company "who has some interest in and involvement with the telecommunications industry is likely to be much more informed and responsive to Commission objectives and requirements than a trust  X -company, deed holder or other financial fiduciary entity."EP F; X3-ԍxAFCCE comments at 2.E  Xy-x756.` ` Decision. For the purposes of Part 17, we will define the owner as the individual or entity vested with ownership, equitable ownership, dominion or title to the structure. In this regard, where a party leases land and then builds a structure, during the term of the lease only the structure owner will be deemed to be an "owner" under the rules and have primary responsibility to maintain the prescribed structure painting and/or lighting. In the event the land owner acquires possession of the structure, the land owner would then become the structure owner.  X- x857.` ` We agree with the underlying concern of the AFCCE that in situations where the legal owner is a financial fiduciary entity (such as a bank or mortgage company), the ownership entity may not be responsive, nor aware of the painting or lighting requirements. It is for this reason that we have included "equitable owner" and "dominion" within our definition of owner. By these terms, we mean the party in possession or control of the antenna structure irrespective of any mortgage or lien on the property or the antenna structure. In the event of acquisition by default, foreclosure, or other process that may result in a transfer of ownership to or among financial institutions, we will proceed on two fronts. First, to cover the immediate maintenance requirements of an antenna structure of uncertain or contested ownership, we expect licensees on the structure to assume their secondary responsibility to maintain the required painting and/or lighting. Second, upon ascertaining the"P0*((;'" identity of any new ownership entity, we will inform and hold it responsible for maintaining the prescribed structure painting or lighting.  X-x958.` ` In none of these situations, however, will either the owner or licensee be relieved of responsibility for maintaining the prescribed painting and/or lighting of the structure. There is nothing contained in the 1992 revision of Sections 303(q) and 503(b)(5) of the Communications Act which authorizes making structure owners responsible for the painting and lighting of antenna structures, that suggests that a site management company without any ownership connection to the structure should fall within the definition of "owner." As such, there is no statutory basis to assess a forfeiture against a site management company. It is also our view that it would not be in the public interest to permit licensees to circumvent their secondary responsibility to maintain prescribed painting and/or lighting by merely entering into a contractual arrangement with the structure owner or site management company which precludes access to the structure. Notwithstanding private contractual arrangements, licensees and structure owners, are and will continue to be, held responsible for maintaining the prescribed structure painting and/or lighting. Any resolution concerning a failure to perform pursuant to a private contractual arrangement, including appropriate remedies or damages, are matters to be resolved in a local forum.  XK-x (3)` ` Notice to owners and licensees  X-x:59.OBLIGATION` ` Proposal. Both Section 503(b) of the Communications Act and Section 1.80(d) of the Commission's Rules, 47 C.F.R.  1.80(d), require that nonlicensee antenna structure owners be given notice of their painting and/or lighting obligations prior to the issuance of a  X-forfeiture penalty. In the Notice, we asked what form of notification would be sufficient to  X-inform owners of their obligation to register, paint, and light their structures.IQF; X:-ԍxNotice at  16.I  X-x;60.` ` Comments. AirTouch/New Vector and Dean Brothers Publishing D/B/A Fryer's Site Guide (Fryer) suggest that we publish final rules in the Federal Register and provide notice by letter to nonlicensee tower owners of their obligation to assume the primary responsibility for maintaining the prescribed painting and/or lighting of antenna structures. Specifically, the commenters argue that, while publishing a summary of our final  X -rules in the Federal Register would constitute adequate notice to those owners who already possess a substantial interest in the Commission's activities, many nonlicensee owners have no such interest, and cannot be expected to stay abreast of Commission decisions without a  X-reasonable nexus to our regulatory process.oRyF; X$-ԍxAirTouch/New Vector comments at 2 3 and Fryer comments at 5.o S&P points out that the Commission does not have a list of nonlicensee antenna structure owners and that, alternatively, tenant licensees  X!-should be required to forward Commission letters to nonlicensee owners.CS!*F; X'-ԍxS&P comments at 4.C In a separate"!S0*(( '" vein, MTEL asks the Commission to provide adequate notice to licensees on the structure of their secondary responsibility to maintain the prescribed painting and/or lighting and the fact  X-that they are still subject to forfeiture.HTF; XK-ԍxMTEL comments at 4 5.H  X-x<61.` ` Decision. We will provide notice regarding antenna structure registration and the specific roles of owners and tenant licensees through several methods. First, the  Xv-Commission will publish a summary of this Report and Order and the final rules in the Federal Register. Second, we will contact site owners associations and communications industry trade publications in order to publish summaries of this action in various media. Third, we urge all tenant licensees to notify nonlicensee antenna structure owners regarding the rules outlined herein. These three means of notification should be sufficient to ensure that all owners, including Commission licensees and nonlicensees, receive notice of their new responsibilities. Sending notification letters to all existing licensees regarding these new responsibilities would not target nonlicensee owners, would not provide a greater level of notification than the three methods described above, and would place a large administrative burden on the Commission. Further, because this is the first time the Commission has attempted to identify antenna structure owners, there is no means at the Commission's disposal to notify structure owners individually.  XK-  V. CONCLUSION ĐTP  X-x=62.CONCLUSION` ` Accordingly, we are amending Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90, 94, 95, and 97 of the Rules to require owners to register antenna structures requiring notification of proposed construction to the FAA, to update the Commission's antenna structure painting and lighting requirements in accordance with the latest FAA Advisory Circulars, and to implement statutory requirements set forth by Congress to hold owners primarily responsible for the installation and maintenance of antenna structure painting and lighting. These actions will serve the public interest: (1) by expediting application and notification processing, (2) by streamlining regulations to ease the public and governmental burdens associated with processing certain applications, (3) by unifying federal regulations regarding antenna structure painting and lighting, (4) by increasing safety of air navigation, and (5) by establishing that primary responsibility for antenna structure operation and maintenance rests with the owner.  X-  VI. FINAL REGULATORY ANALYSIS ă  X -x>63.PROC MATTERSREG ANALYSIS` ` Pursuant to the Regulatory Flexibility Act of 1980, the Commission's final analysis is as follows:  X#-x I. Need and purpose of this action: "h$yT0*((F#'"Ԍ X-xThis Report and Order replaces the Commission's current antenna structure clearance procedures, which apply to licensees, with a uniform registration process for structure owners. This action also revises the Commission's antenna structure painting and lighting requirements to incorporate by reference FAA Advisory Circulars AC 70/74601H (August 1991), as amended by Change 2 (July 15, 1992), and AC 150/534543D (July 1988). Further, this action revises applicable sections of the Commission's rules, making owners primarily responsible for antenna structures which require painting and/or lighting. By these actions, the Commission seeks to reduce the number of filings to the Commission regarding changes to antenna structures, to expedite application and notification processing, to unify and streamline federal painting and lighting regulations, to ease the public and governmental burdens associated with filing and processing certain applications, and to increase safety in air navigation.  X -x II. Summary of the issues raised by the public comments in response to the  X -Initial Regulatory Flexibility Analysis: xThere were no comments submitted in response to the Initial Regulatory Flexibility Analysis.  XK-x III. Significant alternatives considered:  X-xNo 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.  X- "T0*(('"  X-VII. ORDERING CLAUSES ă  X-x?64. CLAUSES  CLAUSES ` ` Accordingly, IT IS ORDERED that pursuant to the authority contained in Sections 4(i), 303(r), and 307(c) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(r), 307(c), Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90, , 94, 95, and 97 of the Commission's Rules, 47 C.F.R. Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90, 94, 95, and 97 ARE AMENDED as set forth in Appendix D below.  XH-x@65.` ` IT IS FURTHER ORDERED that this Report and Order will be effective thirty days after publication in the Federal Register.  X -xA66.` ` For further information contact Roger Noel of the Wireless Telecommunications Bureau at (202) 4180680, or Robert Greenberg of the Mass Media Bureau at (202) 4182720. x` ` hh@FEDERAL COMMUNICATIONS COMMISSION x` ` hh@William F. Caton x` ` hh@Acting Secretary Attachments"T0*((7'"  X-  ) APPENDIX A T  X-[LIST OF COMMENTERS ĐTP  X- Comments Air Touch/US WEST New Vector Group Alltel Mobile Communications, Inc. American Mobile Telecommunications Association, Inc. American Personal Communications American Petroleum Institute Association of Federal Communications Consulting Engineers AT&T Corp. Bell Atlantic Mobile Systems, Inc. Capital Cities/ABC, Inc. CBS, Inc. Cellular Telecommunications Industry Association Cohen, Dippell and Everist, PC Dean Brothers Publishing Dutch Hill Tower Antenna Systems, Inc. EMI Communications Corp. Federal Aviation Administration Flash Technology GTE Service Corporation Hughey & Phillips, Inc. Industrial Communications & Electronics, Inc. Industrial Telecommunications Association, Inc. Kelly Communications, Inc. Micro TV, Inc. Mitchell Energy & Development Corp. Mobile Telecommunications Technologies Corp. Motorola National Association of Broadcasters Nationwide Communications, Inc. National Oceanic and Atmospheric AdministrationNational Ocean Service OneComm Corporation Paging Network, Inc. Pacific Bell/Nevada Bell/Pacific Bell Mobile Services Personal Communications Industry Association Smith and Powstenko and the Empire State Building Southwest Bell Mobile Systems, Inc. Sprint UTC"#'T0*((%'"ԌVernon Telephone Coorperative, Inc. Wireless Cable Association International, Inc.  X-   Reply comments American Mobile Telecommunications Association, Inc. Ameritech Mobile Communications, Inc. AT&T Corp. EMI Communications Corp. GTE Service Corporation Metropolitan Water District of Southern California Motorola Nynex Mobile Communications Company Personal Communications Industry Association Signal One, Inc. Southwest Bell Mobile Systems, Inc."T0*(('"  X-3 APPENDIX B ^  X-  FILING WINDOWS ^ ^P   O !ddx_<< Addx( ( ( "O  ---_   "Window"(_States/Territories" Xg-Approximate # of FilingsUg X-ԍxIncludes registration of 77,173 existing structures that meet the proposed filing criteria. Does not include new structures.---h   h  Jul 131, 1996 h MI, MT h"23,041h h  Aug 131, 1996th AZ, HI, NCth"23,188h h  Sept 130, 1996 h AK, NM, NY  h"23,612h h k Oct 131, 1996D h MA, MOD h"22,994h h   Nov 130, 1996 h IL, WY h"23,053h h ;  Dec 131, 1996h NV, OK, PRh"23,167h h   Jan 1 Feb 28, 1997|h CA, OH|h"26,737h h   Mar 131, 1997h IA, VAh"23,273h h s hh  Apr 130, 1997Lh AS, GA, GM, GU, MP, VIg  UM, VI, VVI      asdfasdfgLh"23,141h h  hh  May 131, 1997h LA, ME, RIh"23,077h h C Jun 131, 1997h CO, MNh"22,993h h  Jul 131, 1997h NE, PAh"23,022h h  Aug 1 Sep 30, 1997h FL, INh"26,946h h { Oct 131, 1997Th DE, KS, WATh"22,961h h  Nov 130, 1997h NH, OR, WI, WVh"23,096h h K Dec 131, 1997$h AL, DC, MD$h"22,953h h  Jan 131, 1998h AR, ND, UTh"22,943h h  Feb 128, 1998h ID, MS, SD, VTh"22,996h h  Mar 131, 1998\ h KY, TN\ h"23,149h h  Apr 130, 1998!h CT, NJ, SC!h"22,930h h  S  hw  May 1 Jun 30, 1998<#w TX<#w"28,331h  !w " $bU0*(( $!"  X-  3 #Xj\  P6G;XP# APPENDIX C^P  PROCEDURES FOR LICENSEES AND PERMITTEES^P  X- As the Commission registers over 75,000 antenna structures between July 1, 1996, and June 30, 1998, there may be cases where site data submitted by the owner conflicts with site data submitted by licensees and permittees. The owner must provide a copy of the structure's registration (FCC Form 854R) to each tenant licensee and permittee. Licensees and permittees must compare the site data on the registration with the site data shown on their respective FCC authorizations. If the structure height, the latitude, or the longitude does not match, a separate filing may be necessary. Such filings are described below, listed by radio service. The Commission does not intend to impose administrative sanctions on any licensee or permittee who, through this new registration process, realizes that it has inadvertently provided incorrect structure information in obtaining a station authorization or construction permit. Further, licencees and permittees are not required to cease transmitting while seeking the amendments listed herein. Situations requiring a change in operating parameters will be handled on a case by case basis.  XK- AM, FM, AND TV BROADCAST STATIONS  X-If the antenna height above average terrain (HAAT) differs by more than 2 meters, or if the latitude or longitude differ, tenant licensees and permittees must file either FCC Form 301 or FCC Form 340. (Note that HAAT could change if there is a change in the determination of the elevation of the site.) Further, if the height of the AM radiator is found to increase or decrease more than two meters, the AM station will have to file Form 301 or Form 340. Applicants may also file simultaneously FCC Form 302 (Application for license). There is no filing fee. Such filings must be made within 30 days of receipt of FCC Form 854R from the structure owner.  X7- LOW POWER TV If the antenna structure site coordinates produce an error of more than 152.4 meters (500 feet), tenant licensees and permittees must file FCC Form 346 (application for construction permit). If there is an error of 152.4 meters to 200 meters, tenant licensees and permittees may simply file a "minor change" application together with FCC Form 347 (application for station authorization). Errors of more than 200 meters may be reported in this manner, provided that the error does not result in an increase of the station's protected signal contour in any horizontal direction. Applicants may correct site coordinates, regardless of the magnitude of the error, by filing minor change applications, together with a cover letter explaining the purpose of the application and the magnitude of the coordinate error. If the coordinate error exceeds the normal definition of a"#' U0*((%!" minor change (given above), the staff will determine whether the station meets the Commission's interference protection rules at the correct coordinates and antenna height. If so, the application will be accepted for filing and placed on a public notice proposing its grant and inviting the filing of petitions to deny within 30days of the issuance of the notice. If interference is predicted to a protected facility, the Commission staff will proceed on a case by case basis, first determining whether the coordinate error has resulted in actual impermissible interference. If so, the station licensee or permittee will be directed to take immediate action to eliminate unwanted interference; for example, by requesting temporary authority to operate the station at reduced power. The minor change application will be returned to the applicant, who will be directed to file a major change application in the next LPTV window. If interference is predicted from a licensed facility  X -and the potentially affected entity concurs that interference has not occurred or will not occur, the application will be accepted for filing and proposed for grant by Commission public notice. Such filings must be made within 30 days of receipt of FCC Form 854R from the structure owner.  X- MULTIPOINT DISTRIBUTION SERVICE If the latitude or longitude differs by ten seconds or less, tenant licensees and permittees must file FCC Form 304. There is no filing fee. Corrections of more than 10 seconds will require the filing and FCC authorization of a major change application, also using FCC Form 304. Such filings must be made within 30 days of receipt of FCC Form 854R from the structure owner.  X-I NSTRUCTIONAL TELEVISION FIXED SERVICE Tenant licensees and permittees will be governed by the current rules for station modifications. Any modification submitted to correct errant information associated with their facility must be submitted on an application for authorization to construct new or make changes in an instructional television fixed and/or response station(s), or to assign or transfer such station(s)(FCC Form 330). For licensees and permittees qualifying under Rule Section 1.1113 there will be no filing fee associated with these modifications. Filing fees for commercial ITFS licensees will be governed by the rules set forth for MDS station licensees and conditional licensees. Upon grant of the application for modification, licenses for ITFS facilities will be reissued. Such filings must be made within 30 days of receipt of FCC Form 854R from the structure owner.  X#- FM TRANSLATORS AND BOOSTERS Applicants must file FCC Forms 349 and 350, construction permit and license applications, respectively, to correct the discrepancies of antenna tower location coordinates where the distance  X#'-exceeds a change of greater than 152.4 meters (500 feet). See Section 74.1251(b)(5). We will"#'!U0*((%!" permit each correction to be made with a "minor" change filing on Form 349, with a simultaneous license application filing on Form 350. In the case of a necessary "major" change correction, i.e. greater than a ten percent increase in the previously authorized coverage contour (translators only) as set forth in 47 C.F.R.  74.1201(g) and 74.1233(a)(1), we shall follow our usual procedure of placing the tendered Form 349 application on a Public Notice "cutoff" list for the requisite 30 day period. Where necessary, as determined on a case by case basis, we shall require the filing of a special temporary authority (STA) request for the continued operation of the "major" change facility while the processing of the application is being completed. Subsequently, a modified construction permit will be issued which will require the filing of a followup FCC Form 350. No filing fee is required in either   case. Such filings must be made within 30 days of receipt of FCC Form 854R from the structure owner.  X -   X- CABLE TELEVISION RELAY SERVICE (CARS) STATIONS CARS licensees shall file a request for Special Temporary Authority(STA) if, the latitude and/or longitude differ(s) by 1 second or more, the height of the transmit antenna above ground level (AGL) differs by 1 meter or more, or the height above mean sea level (AMSL) at the structure site differs by 1 meter or more. At the same time, licensees must file FCC Form 327 modifying their existing authorization and perform a frequency coordination analysis in accordance with 47  X-C.F.R.  78.36. Other license deviations shall follow the major and minor change requirements of Part 78 of the Rules. Such filings shall be made within 30 days of receipt of FCC Form 854R from the structure owner.  Xe- ALL OTHER SERVICES Tenant licensees and permittees must report any difference in structure height, latitude, or longitude upon the next modification or renewal of their station authorizations. No immediate filing is required." "U0*((!"  X- 3APPENDIX D  X- 0FINAL RULES  X- x Chapter I of Title 47 of the Code of Federal Regulations, Parts 0, 1, 17, 21, 22, 23, 24,  X-25, 73, 74, 78, 80, 87, 90, 94, 95, and 97 are amended as follows:  X_-x I.` ` Part 0 Commission Organization  X1- 1. 1. 1. 1. 1.(a) i) a)B 1. 1. 1. 1. 1.(a) i) a)x1.` ` The authority citation for Part 0 continues to read as follows:  X -x AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless  X -otherwise noted.  X -x2.` ` Section 0.131 is amended by revising paragraph (j) to read as follows:  X-x  0.131 Functions of the Bureau. x* * * * * x(j) Administers the Commission's commercial radio operator program (part 13) and the Commission's program for registration, construction, marking and lighting of antenna structures (part 17). * * * * *  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x II.` ` Part 1 Practice and Procedure  X-x1.` ` The authority citation for Part 1 continues to read as follows:  Xe-x AUTHORITY: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552, 21 U.S.C. 853a, unless  XN-otherwise noted.  X -x2.` ` Section 1.61 is amended by revising paragraphs (a) and (b), deleting paragraphs (c), (d), (e), and (f), and revising and redesignating paragraph (g) as paragraph (c) to read as follows:  X - x 1.61 Procedures for handling applications requiring special aeronautical study. x(a) Antenna Structure Registration is conducted by the Wireless Telecommunications Bureau as follows: x(1) Each antenna structure owner that must notify the FAA of proposed construction using FAA Form 74601 shall, upon proposing new or modified construction, register that antenna structure with the Wireless Telecommunications Bureau using FCC Form 854."#'#U0*((%!"Ԍx(2) If an Environmental Assessment is required under  1.1307 of this part, the Bureau will address the environmental concerns prior to processing the registration. x(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. x(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 AntiDrug 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  17.4(g) of this part. x(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. x(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: x(1) If Antenna Structure Registration is required, the operating Bureau reviews the application for the Antenna Structure Registration Number and proceeds as follows: x(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. x(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. x(iii) If the application does not contain the Antenna Structure Registration Number, and the structure 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. x(2) If Antenna Structure Registration is not required, the operating Bureau processes the application. x(c) Where one or more antenna farm areas have been designated for a community or communities (see  17.9 of this chapter), an application proposing the erection * * *"#'$U0*((%!"Ԍx* * * * *  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x III.` ` Part 17 Construction, Marking, and Lighting of Antenna Structures  X-x1.` ` The authority citation for Part 17 continues to read as follows:  Xv-x AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.  X_-Interpret or apply secs. 301, 309, 48 Stat. 1081, 1085 as amended; 47 U.S.C. 301, 309.  X1-x2.` ` Section 17.1 is amended by revising paragraphs (a) and (b) to read as follows:  X -x  17.1 Basis and purpose. x(a) * * *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* * * x(b) * * *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.  X-x3.` ` Section 17.2 is amended by revising paragraph (a) and adding new paragraphs (c) and (d) to read as follows:  X-x  17.2 Definitions.  X-x(a) Antenna structure. The term antenna structure includes the* * * x(b) * * *  XP-x(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 responsibile for compliance with the requirements of this part.  X -x(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.  Xn$-x4.` ` Section 17.4 is amended by revising the section to read as follows:  X@&- x 17.4 Antenna Structure Registration. x(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. x(1) For a proposed antenna structure or alteration of an existing antenna structure, the owner must register the structure prior to construction or alteration. x(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. x(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. x(b) Except as provided in paragraph (e) below, each owner must file FCC Form 854 with the Commission. Additionally, each owner of a proposed structure referred to in (a)(1) or (a)(3) above 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  X4-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. x(c) If an Environmental Assessment is required under  1.1307 of this part, the Bureau will address the environmental concerns prior to processing the registration. x(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. x(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 AntiDrug 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) below. x(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. x(g) Except as described in (g)(1), 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 weatherresistant"#'&U0*((%!" and of sufficient size to be easily seen at the base of the antenna structure. x(1) The owner is not required to post the Antenna Stucture 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.  XH-x5.` ` Section 17.5 is added under Subpart A to read as follows:  X -x 17.5 Commission consideration of applications for station authorization. x(a) Applications for station authorization, excluding services authorized on a geographic basis, are reviewed to determine whether there is a requirement that the antenna structure in question must be registered with the Commission. x(b) If registration is required, the registrant must supply the structure's registration number upon request by the Commission. x(c) If registration is not required, the application for authorization will be processed without further regard to this chapter.  X-x6. ` ` Section 17.6 is added under Subpart A to read as follows:  X- x 17.6 Responsibility of Commission licensees and permittees. x(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: x(1) Immediately notify the structure owner; x(2) Immediately notify the site management company (if applicable); x(3) Immediately notify the Commission; and, x(4) Make a diligent effort to immediately bring the structure into compliance. x(b) In the event of noncompliance by the antenna structure owner, the Commission may require each licensee and permittee authorized on an antenna structure to maintain the structure,"#''U0*((%!" for an indefinite period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of this Part. x(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 AntiDrug 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  17.4(g) of this part.  X -x7.` ` The title Subpart B is revised to read as follows:  X -x Subpart BFederal Aviation Administration Notification Criteria  X -x8.` ` Section 17.10 is amended by revising the introductory paragraph to read as follows:  Xy-x  17.10 Antenna structures over 304.80 meters (1,000 feet) in height. xWhere one or more antenna farm areas have been designated for a community or communities (see 17.9), the Commission will not accept for filing an application to construct a new station or to increase * * * x* * * * *  X-x9.` ` Section 17.14 is amended by revising paragraph (a) to read as follows:  X- x 17.14 Certain antenna structures exempt from notification to the FAA. x* * * * *  XN-x(a) * * *topographic features of equal or greater height,  and  would be located in the congested area* * * * * * * *  X-x 10.` ` Section 17.17 is amended by revising paragraph (a) to read as follows:  X - x 17.17 Existing structures. x(a) The requirements found in 17.23 of this Part 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 Section 17.5 of this Part, however, shall apply to all antenna structures that have been assigned painting or lighting requirements by the Commission, regardless of prior"#'(U0*((%!" authorization. x* * * * *  X-x 11.` ` Section 17.22 is amended by revising the first sentence to read as follows:  X- x 17.22 Particular specifications to be used. xWhenever painting or lighting is required, the Commission will generally assign specifications in accordance with the FAA Advisory Circulars referenced in section 17.23 of this part. x* * * * *  X -x 12.` ` Section 17.23 is revised to read as follows:  X - x 17.23 Specifications for painting and lighting antenna structures. xUnless otherwise specified by the Commisison, 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 70/74601H, "Obstruction Marking and Lighting," August 1, 1991, as amended by Change 2, July 15, 1992, and AC 150/534543D, "Specification for Obstruction Lighting Equipment," July 15, 1988. These documents are incorporated by reference in accordance with 5 U.S.C. 552(a). 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, or may be obtained from Department of Transportation, Utilization and Storage Section (Publications), M443.2, 400 7th Street SW, Washington, DC 20590, telephone (202) 3660039 or (202) 3660451.  XN-x 13.` ` Sections 17.24 through 17.43 are deleted from this Part.  X-x 14.` ` Section 17.47 is amended by revising the title, introductory paragraph, and paragraphs (a)(1), (a)(2), and (b) to read as follows:  X!- x 17.47 Inspection of antenna structure lights and associated control equipment.  X#-xThe owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part* * * x(a)(1) Shall make an observation of the antenna structure's lights at least once* * * "#')U0*((%!"Ԍx(2) * * *provide indication of such failure to the owner. x(b) * * *alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly.  X-x15.` ` Section 17.48 is amended by revising the introductory paragraph and paragraph (a) to read as follows:  XH- x 17.48 Notification of extinguishment or improper functioning of lights.  X -xThe owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part* * * x(a) * * *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. Further notification* * * x* * * * *  XK-x16.` ` Section 17.49 is amended by revising the title, the introductory paragraph, and paragraph (c) and adding a new paragraph (d) to read as follows:  X- x17.49 Recording of antenna structure light inspections in the owner record.  X-xThe 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: x* * * * * x(c) Date and time of FAA notification, if applicable. x(d) The date, time and nature of adjustments, repairs, or replacements made.  X-x17.` ` Section 17.50 is amended by revising the sentence to read as follows:  X - x 17.50 Cleaning and repainting. xAntenna structures requiring painting under this Part shall be cleaned or repainted as often as necessary to maintain good visibility.  XQ%-x18.` ` Section 17.51 is amended by revising paragraph (b) to read as follows:  X#'-x  17.51 Time when lights should be exhibited. "#'*U0*((%!"Ԍx* * * * * x(b) All high intensity and medium intensity obstruction lighting shall be exhibited continuously unless otherwise specified.  X-x19.` ` Section 17.57 is amended by revising the previous text to read as follows:  X_- x 17.57 Report of radio transmitting antenna construction, alteration, and/or removal.  X1- xThe 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 854R) 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.  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a) xIV.` ` Part 21 Domestic Public Fixed Radio Services  Xb-x1.` ` The authority citation for Part 21 continues to read as follows:  X4-x AUTHORITY: Secs. 1, 2, 4, 201205, 208, 215, 218, 303, 307, 313, 403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 10701073, 1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 154, 201205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C.  X-552, 554.  X-#XP\  P6QXP#x2.` ` Section 21.11 is amended by revising paragraph (g) to read as follows:  X-x 21.11 Miscellaneous forms shared by all domestic public radio services. x* * * * *  XN-  X7-x(g) Antenna Structure Registration. FCC Form 854 (Application for Antenna Structure  X -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.  X!-x3.` ` Section 21.15 is amended by revising paragraph (d), inserting a new paragraph (e), and redesignating paragraphs (e), (f), and (g) as (f), (g), and (h), respectively.  Xh$- x 21.15 Technical content of applications. x* * * * * "#'+U0*((%!"Ԍ X-x(d)` ` FAA notification. Before the construction of a new antenna structure or alteration in the height of an existing structure (including a receiveonly 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  X_-structure, where FAA notification prior to such construction or alteration is not required by Part  XH-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 21.111 if the structure is used by more than one station.  X -x(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 structure for the antenna structure in question. * * * * *  X-x4.` ` Section 21.41 is amended by revising paragraph (c)(3) to read as follows:  X- x 21.41 Special processing of applications for minor facilities modifications. x* * * * * x(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 the rules 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 21.15(e). x* * * * *  X!-x5.` ` Section 21.42 is amended by revising paragraph (c)(6) to read as follows:  X#- x 21.42 Certain modifications not requiring prior authorizations. x* * * * * x(c) * * *"#',U0*((%!"Ԍ X-ԙx(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 the Rules for the antenna structure at the previously authorized height, the applicant must comply with the provisions of 21.15(d) and 21.15(e). x* * * * *  Xv-x6.` ` Section 21.111 is revised to read as follows:  XH- x 21.111 Use of common antenna structure. xThe 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.  Xb-x7.` ` Section 21.112 is revised to read as follows:  XK-  X4-x 21.112 Marking of antenna structures. xNo 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.)  X|- x8.` ` Section 21.117 is amended by revising paragraph (b) to read as follows:  XN- x 21.117 Transmitter location. x* * * * * x(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  X -together with any required painting or lighting.  X"- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x V.` ` Part 22 Public Mobile Services  Xh$-x1.ؠThe authority citation for Part22 continues to read as follows:  X:&- xAuthority: 47U.S.C.154, 303, unless otherwise noted. "#'-U0*((%!"Ԍ X-x2.ؠSection 22.115 is amended by revising paragraphs (a)(2) and (a)(3) to read as follows:  X- x22.115 Content of applications. x***** x(a) ***  X_-x(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 Part17 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 Part17 of this chapter.  X-x(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. x(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 Part17 of this chapter. x(ii) If FAA notification is required by Part17 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. x(iii) If FAA notification is not required by Part 17 of this chapter, the application must  X-indicate such and, unless the reason therefor is obvious (e.g. antenna structure height is less than 6.10meters above ground level), must contain a statement explaining why FAA notification is not required. *****  XS%-x3.ؠSection 22.365 is revised to read as follows:  X%'- x22.365 Antenna structures; air navigation safety. "%'.U0*((%!"ԌxLicensees 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 Part17 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  Xv-antenna structure continues to meet the requirements of Part17 of this chapter. See 17.6 of this chapter.  X3-x(a) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with Part17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration.  X -x(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.  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x VI.` ` Part 23 International Fixed Public Radiocommunication Services  X-x1.` ` The authority citation for Part 23 continues to read as follows:  X-x AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 154, 303.  X~-Interpret or apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301.  XP-x2.` ` Section 23.28 is amended by adding a new paragraph (c) to read as follows:  X"- x 23.28 Special Temporary Authorization. x* * * * * x(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 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"%'/U0*((%!"  X-such construction or alteration is not required by Part 17 of this chapter, must indicate such and, unless the stucture is 6.10meters or less above ground level (AGL), must contain a statement explaining why FAA notification is not required.  X-x3.` ` Section 23.39 is amended by revising the title and replacing the previous text with new paragraphs (a), (b), and (c) to read as follows:  X_- x 23.39 Antenna Structures.  X1-x(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 exsiting antenna structures, where FAA notification  X-prior to such construction or alteration is not required by Part 17 of this chapter, must indicate  Xy-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.  XK-  X4-x(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.  X-x(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.  X!-x4.` ` Section 23.40 is amended by revising the title and deleting the previous text to read as follows:  Xh$- x 23.40 [Reserved] x* * * * * "#'0U0*((%!"Ԍ X-ԙ 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x VII.` ` Part 24 Personal Communications Services  X-x1.ؠThe authority citation for Part24 continues to read as follows:  X-x Authority: 47U.S.C.154, 301, 302, 303, 309, and 332, unless otherwise noted.  Xv-x2.ؠA new Section 24.55 is added to read as follows:  XH- x24.55 Antenna structures; air navigation safety. xLicensees 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 Part17 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  X-antenna structure continues to meet the requirements of Part17 of this chapter. See 17.6 of this chapter.  XM-x(a) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with Part17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration.  X-x(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.  XP-x3.ؠSection 24.416 is removed.  X"-x4.ؠSection 24.816 is removed.  X - 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x VIII.` ` Part 25 Satellite Communications  X"-x1.` ` The authority citation for Part 25 continues to read as follows:  Xj$-x 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. 101104, 76 Stat. 419427; 47 U.S.C. 701744; 47 U.S.C. 554.  X%'- "%'1U0*((%!"Ԍ X-x2.` ` Section 25.113 is amended by revising paragraph (c), redesignating paragraph (d) as paragraph (f), and adding two new paragraphs (d) and (e) to read as follows:  X- x 25.113 Construction Permits. x* * * * *  Xv-x(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 exsiting antenna structures, where FAA notification  X -prior to such construction or alteration is not required by Part 17 of this chapter, must indicate  X -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.  Xy-x(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.  X-x(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 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. x* * * * *  X-x3.` ` Section 25.119 is amended by adding a new paragraph (c) to read as follows:  X!- x 25.119 Application for special temporary authorization. x* * * * * x(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"#'2U0*((%!" 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  Xv-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.  X -x4.` ` Section 25.130 is amended by adding a new paragraph (e) to read as follows:  X - x 25.130 Filing requirements for transmitting earth stations. x* * * * * x(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  X-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.  Xe-x5.` ` Section 25.300 is amended by revising paragraph (h) to read as follows:  X7- x 25.300 Developmental Operations. x* * * * * x(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"#'3U0*((%!" overall height of none or more existing earth station antennas, where FAA notification prior to  X-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. x* * * * *  Xv- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x IX.` ` Part 73 Radio Broadcast Services  XH-x1.` ` The authority citation for Part 73 continues to read as follows:  X -x AUTHORITY: 47 U.S.C. 154, 303, 334.  X - x2.` ` Section 73.1213 is amended by revising paragraphs (a) and (b) and deleting  X -paragraph (c) to read as follows:  X -x73.1213 Antenna structure, marking and lighting. x(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 that part. x(b) The owner of each antenna structure is responsbile 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.  X-x3.` ` Section 73.1690 is amended by revising paragraph (b)(1) to read as follows:  X|- x73.1690 Modification of transmission systems.  Xe-x * * * * *  X7-x(b) * * *  X -  X - x(1) Any change in the location, or directional radiation characteristics of a directional antenna system. (See 73.45 and 73.150, AM; 73.316, FM; or 73.685, TV.)  X-x* * * * *  X!- x4.` ` Section 73.3533 is amended by adding a new paragraph (c) to read as follows: x73.3533 Application for construction permit or modification of construction permit.  Xh$-x * * * * * x(c) In each application referred to in subsection (a), the applicant will provide the Antenna Structure Registration Number (FCC Form 854R) of the antenna structure upon which it will"#'4U0*((%!" 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_- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x X.` ` Part 74 Experimental, Auxiliary, and Special Broadcast and Other Program  XH-Distributional Services  X -x1.` ` The authority citation for Part 74 continues to read as follows:  X -x AUTHORITY: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as amended; 47 U.S.C.  X -154, 303, 554.  X -x2.` ` Section 74.22 is amended to read as follows:  Xy- x74.22 Use of common antenna structure. xThe 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 responsbile 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.  X-  X- x3.` ` Section 74.551 is amended by adding a new paragraph (c) to read as follows:  X-  X|-x74.551 Equipment changes. x* * * * *  X7-x (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.  X#-x4.` ` Section 74.651 is amended by adding a new paragraph (d) to read as follows:  XQ%- x74.651 Equipment changes. x* * * * * "#'5U0*((%!"Ԍx(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.  XH-x5.` ` Section 74.1251 is amended by adding a new paragraph (d) to read as follows:  X - x74.1251 Technical and equipment modifications. x* * * * * x(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.  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x XI. ` ` Part 78 Cable Television Relay Service  X-x1.` ` The authority citation for Part 78 continues to read as follows:  X-x AUTHORITY: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as amended, 1064,  X-1065, 1066, 1081, 1082, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.  Xe-x2.` ` Section 78.63 is revised in its entirety to read as follows:  X7- x78.63 Antenna structure marking and lighting. xThe 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.  X"-x3.` ` Section 78.109 is amended by deleting 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:  X:&- x78.109 Equipment changes. x* * * * *"#'6U0*((%!"Ԍx(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.  XH- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x XII.` ` Part 80 Stations in the Maritime Services x  X -x1.` ` The authority citation for Part 80 continues to read as follows:     X -x AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47  X -U.S.C. 151155, 301609; 3 UST 3450, 3 UST 4726, 12 UST 2377.  X-x2. Section 80.110 is amended by revising the title and initial paragraph to read as follows:  XK- x 80.110 Inspection and maintenance of antenna structure markings and associated  X4-control equipment. xThe 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. x* * * * *  Xe- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x XIII. Part 87 Aviation Services  X7-x1. ` ` The authority citation for Part 87 continues to read as follows:  X -x AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C. 151156,  X-301609.  X!-x2. ` ` Section 87.75 is amended by revising the title and initial paragraph to read as follows:  Xh$- x 87.75 Maintenance of antenna structure marking and control equipment. xThe 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"#'7U0*((%!" 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. x* * * * *  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x XIV. Part 90 Private Land Mobile Radio Services  X_-x1. ` ` The authority citation for Part 90 continues to read as follows:  X1-x AUTHORITY: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C.  X -154, 303, and 332, unless otherwise noted  X -x2.` ` Section 90.441 is amended by revising paragraph (a) and deleting paragraph (b) to read as follows:  X - x 90.441 Inspection and maintenance of antenna structure marking and associated  X-control equipment. x(a) 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.  X-x3.` ` Section 90.443 is amended by deleting paragraph (c) and redesignating paragraph (d) as paragraph (c).  X|- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a)x XV. Part 94 Private OperationalFixed Microwave Service x  XN-x1. The authority citation for Part 94 continues to read as follows:     X -x AUTHORITY: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303 and  X -332, unless otherwise noted.  X-x2.` ` Section 94.111 is amended by revising the title and initial paragraph to read as follows:  X"-x 94.111 Inspection and maintenance of antenna structure marking and associated  X#-control equipment. xThe 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"#'8U0*((%!" 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.  X-x3.` ` Section 94.113 is deleted.  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a) xXVI. Part 95 Personal Radio Services x  X_-x1.` ` The authority citation for Part 95 continues to read as follows:  X1-x Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C 154, 303, unless  X -otherwise noted.  X -x2.` ` Section 95.83 is amended by adding a new paragraph (a)(3) to read as follows:  X - x 95.83 Additional information for stations with antennas higher than normally  X -allowed. x(a) * * * x* * * * * x(3) Register the structure by submitting FCC Form 854. The requirements for antenna structure registration, painting, and lighting are found in Part 17 of the FCC Rules. x* * * * *  X- 1. 1. 1. 1. 1.(a) i) a) 1. 1. 1. 1. 1.(a) i) a) xXVII. Part 97 Amateur Radio Service x  X-x1.` ` The authority citation for Part 97 continues to read as follows:  Xe-x AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C. 151155, 201609, unless  X7-otherwise noted.  X -x2.` ` Section 97.15 is amended by revising paragraph (d) to read as follows:  X- x 97.15 Station antenna structures. x* * * * * x(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 the FCC Rules, 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 74601 and the structure owner must register the structure using"#'9U0*((%!" FCC Form 854. x* * * * *