[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR23.39]



[Page 218-219]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 23_INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES--Table 

of Contents

 

Sec. 23.39  Antenna structures.



    (a) FAA notification. Before the construction of new antenna 

structures or alteration in the height of existing antenna structures is 

authorized by the FCC, a Federal Aviation Administration (FAA) 

determination of ``no hazard'' may be required. To apply for this 

determination, the FAA must be notified of the planned construction. 

Criteria used to determine whether FAA notification is required for a 

particular antenna structure are contained in part 17 of this chapter. 

Applications proposing construction of one or more



[[Page 219]]



new antenna structures or alteration of the overall height of one or 

more existing antenna structures, where FAA notification prior to such 

construction or alteration is not required by part 17 of this chapter, 

must indicate such and, unless the reason is obvious (e.g. structure 

height is less than 6.10 meters AGL) must contain a statement explaining 

why FAA notification is not required.

    (b) Painting and lighting. The owner of each antenna structure 

required to be painted and/or illuminated under the provisions of 

Section 303(q) of the Communications Act of 1934, as amended, shall 

operate and maintain the antenna structure painting and lighting in 

accordance with part 17 of this chapter. In the event of default by the 

owner, each licensee or permittee shall be individually responsible for 

conforming to the requirements pertaining to antenna structure painting 

and lighting.

    (c) Antenna Structure Registration Number. Applications proposing 

construction of one or more new antenna structures or alteration of the 

overall height of one or more existing structures, where FAA 

notification prior to such construction or alteration is required by 

part 17 of this chapter, must include the FCC Antenna Structure 

Registration Number(s) for the affected structure(s). If no such number 

has been assigned at the time the application is filed, the applicant 

must state in the application whether or not the antenna structure owner 

has notified the FAA of the proposed construction or alteration and 

applied to the FCC for an Antenna Structure Registration Number in 

accordance with part 17 of this chapter for the antenna structure in 

question.



[61 FR 4366, Feb. 6, 1996]