Footnote 1 The term "antenna structures" is defined in Section 17.2(a) of the Commission's Rules, 47 C.F.R.§ 17.2(a), as, "...the radiating and/or receive system, its supporting structures and any appurtenances mounted thereon."
Footnote 2 See paragraph 16, infra.
Footnote 3 See 47 U.S.C. §303(q).
Footnote 4 See e.g. Obstruction Marking and Lighting (AC 70/7460-1H) released in August of 1991, and Specification for Obstruction Lighting Equipment (AC 150/5345-43D) released in July of 1988.
Footnote 5 See Pub. L. No. 102-538, 106 Stat. 3533, enacted October 27, 1992. In essence, Section 503(b)(5) allows the Commission to assess forfeitures for violations of Section 303(q) of the Communications Act if the owner has been previously notified regarding specific painting and/or lighting obligations. This authority is now reflected in 47 C.F.R. § 1.80(d).
Footnote 6 See 14 C.F.R. § 77.13.
Footnote 7 For instance, the FAA may recommend that the proposed structure be equipped with red beacons and/or white strobe lights and be painted with white and aviation orange bands. In addition, Part 17 of the Commission's rules sets forth the requirements for painting and lighting of antenna structures, specifying the number, type and location of such lights based upon the height of the structure as well as the colors and pattern to be used in painting thestructure.
Footnote 8 In most cases, painting and/or lighting requirements are specifically listed on each subject licensee's or permittee's station authorization.
Footnote 9 The current edition of FCC Form 854, "Request for Antenna Height Clearance and Obstruction Marking and Lighting Specifications," is filed with the Commission by certain applicants in order to obtain painting and/or lighting requirements. In Appendix C, we are setting forth the revised FCC Form 854, its instructions, as well as the Registration (FCC Form 854R).
Footnote 10 Because of the ongoing proceedings related to personal communications services, we are not proposing to amend Part 24 at this time. We are not, however, exempting personal communications services from the proposals described herein. See paragraph 12, infra.
Footnote 11 The Support Services Branch of the Wireless Telecommunications Bureau in Gettysburg, Pennsylvania, processes antenna structure clearances for the Common Carrier Bureau, the International Bureau, the Mass Media Bureau, and the Wireless Telecommunications Bureau, and provides antenna structure information to the Compliance and Information Bureau.
On December 19, 1991, the law firm of Fletcher, Heald
& Hildreth filed a petition for rule making proposing a
procedure for Mass Media Bureau licensees in which an increase/decrease
in structure height would not require an application from
each licensee or permittee on the structure. The proposals
outlined in this Notice would permit the structure owner
to file a single form to modify antenna structure data.
As such, the Fletcher, Heald & Hildreth petition is being
encompassed by this proceeding.
Footnote 13 Each operating Bureau has a different method of processing such requests. Specifically, Bureau processes differ in terms of forms used, notification procedures, information required, and information displayed on each licensee's authorization. For example, in the Mass Media Bureau, a change in coordinates or height of the antennastructure requires filing a lengthy application, while a change in painting or lighting requires only a notification. Both the application and notification result in reissuance of the station authorization. Processing such requests greatly increases the Commission's annual workload. For instance, in 1993 the Mass Media Bureau received 3,468 applications and 540 notifications, the Common Carrier Bureau processed 1,404 such applications, while the Wireless Telecommunications Bureau handled 11,496 applications, all involving antenna structures. In a related context, the Compliance and Information Bureau undertook 1,296 investigations involving existing antenna structures in which accurate antenna structure information was not readily available.
Footnote 14 See paragraph 20, infra.
Footnote 15 The FAA must be notified of any proposed construction or alteration involving structures which exceed 60.96 meters (200 feet) in height above ground level or structures which may interfere with aircraft landing at a nearby airport. Certain structures, however, are exempt from this notification requirement. See 47 C.F.R. §§ 17.7 and 17.14.
Footnote 16 Some licensees are currently permitted to have agreements whereby a single entity, not limited to Commission licensees, may monitor and maintain a structure. See 47 C.F.R. 90.441(b). Our proposal will simply centralize all aspects of antenna structure maintenance to mirror the agreements that already have evolved out of convenience in the private sector.
Footnote 17 See 47 U.S.C § 503(b)(5).
Footnote 18 As of November, 1994, there are over 500,000 distinct coordinates listed in the Commission's Cross Master Frequency System (XFS database), each equivalent to a single antenna structure. Of those, over 70,000 are listed in the Commission's Antenna Clearance System database, which contains information regarding those structures subject to the FAA notification requirements.
Footnote 19 Owners whose structures are exempted from current requirements under 47 C.F.R. 17.17 will nevertheless be required to comply with the proposed Registration requirements.
Footnote 20 Revised FCC Form 854, "Application for Antenna Structure Registration," would be filed for the purpose of registering structures used for wire or radio communication services by any licensee or permittee in the United States, to make changes to an existing registered structure, or to notify the Commission of the dismantlement of a structure.
Footnote 21 The term "tenant licensee," in the context of a multi-use antenna structure, refers to any licensee using the structure under a Commission station authorization. In many cases, the antenna structure owner may also be a tenant licensee.
Footnote 22 Because cellular and PCS licenses are granted on a system basis and may not contain specific site information, this requirement would not apply to the initial grant of a cellular or PCS license. See paragraph 13, infra. Further, we intend to revise applicable FCC Forms to include questions related to Registration. We intend to coordinate application and registration forms in order to eliminate duplicative questions. Once Registration is fully implemented, we would not grant an application if the Registration Number is not included or does not contain a valid explanation why Registration is unnecessary.
Footnote 23 Many AM broadcast stations are authorized on the basis of a directional antenna. An AM directional array involves multiple antenna structures. The reference coordinates for such an AM station mark the center of the array, rather than the exact location of an antenna structure. Under our proposal, each structure in the array would be registered.
Footnote 24 On average, there are 12 separate stations authorized on each antenna structure. Therefore, when a change in height, painting or lighting occurs, the Commission would generally realize a 12 to 1 reduction in filings. Only the antenna structure owner would be required to modify the Registration.
Footnote 25 See 47 C.F.R. §§ 17.7 and 17.14 and 14 C.F.R. §§ 77.11-19.
Footnote 26 FAA Advisory Circulars are available upon request, free of charge, from Department of Transportation, Utilization and Storage Section (Publications), M443.2, 400 7th Street SW, Washington, DC 20591, telephone (202) 366-0039 or (202) 366-0451.
Footnote 27 See 47 C.F.R. 17.22.
Footnote 28 In the past, the Commission has drawn upon the FAA's expertise in order to formulate rules concerning antenna structure painting and lighting. See, for example, Docket 16474, 32 FR 11266, August 3, 1967.
Footnote 29 In general, documents to be incorporated by reference must meet the requirements of 1 C.F.R. Part 51. Accordingly, the Commission is currently seeking authorization from the Director of the Federal Register to incorporate by reference the two FAA Advisory Circulars.
Footnote 30 For example, AC 70/7460-1H recommends dual lamps in mid-level beacons for certain structures, while Part 17 requires only a single lamp for the same structures. See AC 70/7460-1H, Chapter 5, August 1991, and 47 C.F.R. Part 17, respectively.
Footnote 31 In order to change the Registration to reflect the Advisory Circulars in force, an owner must file FAA Form 7460-1, obtain a new FAA recommendation for painting and/or lighting the antenna structure, and file FCC Form 854 to amend the Registration.
Footnote 32 As stated previously, approximately 70,000 antenna structures are required to be painted and/or illuminated. See footnote 18 supra. Currently, most tenant licensees' radio station authorizations contains specific painting and/or lighting requirements. Presently, the Commission holds each tenant licensee individually accountable under the Commission's Rules.
Footnote 33 See paragraph 2, supra.
Footnote 34 See 47 U.S.C. § 503(b)(5). See also, Notice of Apparent Liability for Forfeiture, adopted December 16, 1994, 9 FCC Rcd. ___(1994), wherein the Commission issued an apparent liability for forfeiture to Centel Cellular of North Carolina Limited Partnership in the amount of $3,000,000 for various apparent violations of Part 17.
Footnote 35 See Airman's Information Manual: Basic Flight Information and ATC Procedures (BFAP), U.S. Department of Transportation, Federal Aviation Administration, paragraphs 2-13 and 7-73, February 4, 1993.