Goto Section: 1.59 | 1.62 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.61 Procedures for handling applications requiring special aeronautical
Link to an amendment published at 79 FR 56984 , Sept. 24, 2014.
(a) Antenna Structure Registration is conducted by the Wireless
Telecommunications Bureau as follows:
(1) Each antenna structure owner that must notify the FAA of proposed
construction using FAA Form 7460-1 shall, upon proposing new or
modified construction, register that antenna structure with the
Wireless Telecommunications Bureau using FCC Form 854.
(2) In accordance with § 1.1307 and § 17.4(c) of this chapter, the
Bureau will address any environmental concerns prior to processing the
(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
(4) If the owner of the antenna structure cannot file FCC Form 854
because it is subject to a denial of Federal benefits under the
Anti-Drug Abuse Act of 1988, 21 U.S.C. 862, the first licensee
authorized to locate on the structure must register the structure using
FCC Form 854, and provide a copy of the Antenna Structure Registration
(FCC Form 854R) to the owner. The owner remains responsible for
providing a copy of FCC Form 854R to all tenant licensees on the
structure and for posting the registration number as required by
§ 17.4(g) of this chapter.
(5) Upon receipt of FCC Form 854, and attached final FAA determination
of "no hazard," the Bureau prescribes antenna structure painting and/or
lighting specifications or other conditions in accordance with the FAA
airspace recommendation and returns a completed Antenna Structure
Registration (FCC Form 854R) to the registrant. If the proposed
structure is disapproved the registrant is so advised.
(b) Each operating Bureau or Office examines the applications for
Commission authorization for which it is responsible to ensure
compliance with FAA notification procedures as well as Commission
Antenna Structure Registration as follows:
(1) If Antenna Structure Registration is required, the operating Bureau
reviews the application for the Antenna Structure Registration Number
and proceeds as follows:
(i) If the application contains the Antenna Structure Registration
Number or if the applicant seeks a Cellular or PCS system
authorization, the operating Bureau processes the application.
(ii) If the application does not contain the Antenna Structure
Registration Number, but the structure owner has already filed FCC Form
854, the operating Bureau places the application on hold until
Registration can be confirmed, so long as the owner exhibits due
diligence in filing.
(iii) If the application does not contain the Antenna Structure
Registration Number, and the structure owner has not filed FCC Form
854, the operating Bureau notifies the applicant that FCC Form 854 must
be filed and places the application on hold until Registration can be
confirmed, so long as the owner exhibits due diligence in filing.
(2) If Antenna Structure Registration is not required, the operating
Bureau processes the application.
(c) Where one or more antenna farm areas have been designated for a
community or communities (see § 17.9 of this chapter), an application
proposing the erection of an antenna structure over 1,000 feet in
height above ground to serve such community or communities will not be
accepted for filing unless:
(1) It is proposed to locate the antenna structure in a designated
antenna farm area, or
(2) It is accompanied by a statement from the Federal Aviation
Administration that the proposed structure will not constitute a menace
to air navigation, or
(3) It is accompanied by a request for waiver setting forth reasons
sufficient, if true, to justify such a waiver.
Note: By Commission Order (FCC 65-455), 30 FR 7419 , June 5, 1965, the
Commission issued the following policy statement concerning the height
of radio and television antenna towers:
"We have concluded that this objective can best be achieved by adopting
the following policy: Applications for antenna towers higher than 2,000
feet above ground will be presumed to be inconsistent with the public
interest, and the applicant will have a burden of overcoming that
strong presumption. The applicant must accompany its application with a
detailed showing directed to meeting this burden. Only in the
exceptional case, where the Commission concludes that a clear and
compelling showing has been made that there are public interest reasons
requiring a tower higher than 2,000 feet above ground, and after the
parties have complied with applicable FAA procedures, and full
Commission coordination with FAA on the question of menace to air
navigation, will a grant be made. Applicants and parties in interest
will, of course, be afforded their statutory hearing rights."
[ 28 FR 12415 , Nov. 22, 1963, as amended at 32 FR 8813 , June 21, 1967;
32 FR 20860 , Dec. 28, 1967; 34 FR 6481 , Apr. 15, 1969; 45 FR 55201 ,
Aug. 19, 1980; 58 FR 13021 , Mar. 9, 1993, 61 FR 4361 , Feb. 6, 1996; 77 FR 3952 , Jan. 26, 2012]
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Goto Section: 1.59 | 1.62
Goto Year: 2013 |
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