[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 47CFR17.4]



[Page 932-933]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 17_CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES--Table 

of Contents

 

                      Subpart A_General Information

 

Sec.  17.4  Antenna structure registration.



    (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.

    (1) For a proposed antenna structure or alteration of an existing 

antenna structure, the owner must register the structure prior to 

construction or alteration.

    (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.

    (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.

    (b) Except as provided in paragraph (e) of this section, each owner 

must file FCC Form 854 with the Commission. Additionally, each owner of 

a proposed structure referred to in paragraphs (a)(1) or (a)(3) of this 

section 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 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.

    (c) If an Environmental Assessment is required under Sec.  1.1307 of 

this chapter, the Bureau will address the environmental concerns prior 

to processing the registration.

    (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.

    (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 Anti-

Drug 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



[[Page 933]]



the structure and for posting the registration number as required by 

paragraph (g) of this section.

    (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.

    (g) Except as described in paragraph (h) of this section, 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 weather-resistant and of sufficient size to be easily 

seen at the base of the antenna structure.

    (h) The owner is not required to post the Antenna Structure 

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.



[61 FR 4362, Feb. 6, 1996]