[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR17.8]

[Page 870]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 17_CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES--Table of 
 
     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]