[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 47CFR17.8]



[Page 867]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 17_CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES

--Table of Contents

 

     Subpart B_Federal Aviation Administration Notification Criteria

 

Sec. 17.8  Establishment of antenna farm areas.



    (a) Each antenna farm area will be established by an appropriate 

rulemaking proceeding, which may be commenced by the Commission on its 

own motion after consultation with the FAA, upon request of the FAA, or 

as a result of a petition filed by any interested person. After receipt 

of a petition from an interested person disclosing sufficient reasons to 

justify institution of a rulemaking proceeding, the Commission will 

request the advice of the FAA with respect to the considerations of 

menace to air navigation in terms of air safety which may be presented 

by the proposal. The written communication received from the FAA in 

response to the Commission's request shall be placed in the Commission's 

public rulemaking file containing the petition, and interested persons 

shall be allowed a period of 30 days within which to file statements 

with respect thereto. Such statements shall also be filed with the 

Administrator of the FAA with proof of such filing to be established in 

accordance with Sec. 1.47 of this chapter. The Administrator of the FAA 

shall have a period of 15 days within which to file responses to such 

statements. If the Commission, upon consideration of the matters 

presented to it in accordance with the above procedure, is satisfied 

that establishment of the proposed antenna farm would constitute a 

menace to air navigation for reasons of air safety, rulemaking 

proceedings will not be instituted. If rulemaking proceedings are 

instituted, any person filing comments therein which concern the 

question of whether the proposed antenna farm will constitute a menace 

to air navigation shall file a copy of the comments with the 

Administrator of the FAA. Proof of such filing shall be established in 

accordance with Sec. 1.47 of this chapter.

    (b) Nothing in this subpart shall be construed to mean that only one 

antenna farm area will be designated for a community. The Commission 

will consider on a case-by-case basis whether or not more than one 

antenna farm area shall be designated for a particular community.



[32 FR 8813, June 21, 1967, as amended at 32 FR 13591, Sept. 28, 1967]



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