Amendments To Modernize and Clarify the Commission's Rules Concerning Construction, Marking and Lighting of Antenna Structures, 56968-56987 [2014-22772]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Rules and Regulations]
[Pages 56968-56987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22772]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, and 17

[WT Docket No. 10-88; RM 11349; FCC 14-117]


Amendments To Modernize and Clarify the Commission's Rules 
Concerning Construction, Marking and Lighting of Antenna Structures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC) 
streamlines and eliminates outdated provisions of the Commission's 
rules governing the construction, marking, and lighting of antenna 
structures.

DATES: Effective October 24, 2014 except for the amendments to 47 CFR 
17.4, 17.48, and 17.49, which contain information collection 
requirements that have not been approved by the Office of Management 
and Budget (OMB). The Commission will publish a document in the Federal 
Register announcing the effective date of these amendments.

FOR FURTHER INFORMATION CONTACT: Michael Smith of the Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau, (202) 
418-0584, MichaelC.Smith@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the part 17 Report and 
Order, RM 11349, WT Docket No. 10-88, FCC 14-117, adopted and released 
August 8, 2014. The full text of the part 17 Report and Order is 
available for inspection and copying during business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. Also, it may be purchased from the 
Commission's duplicating contractor at Portals II, 445 12th Street SW., 
Room CY-B402, Washington, DC 20554; the contractor's Web site, https://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 488-
5563, or email FCC@BCPIWEB.com. Copies of the part 17 Report and Order 
also may be obtained via the Commission's Electronic Comment Filing 
System (ECFS) by entering the docket number WT Docket No. 10-88. 
Additionally, the complete item is available on the Federal 
Communications Commission's Web site at https://www.fcc.gov.

[[Page 56969]]

I. Background

    1. The Communications Act of 1934, as amended (the Act) grants the 
Commission authority to require painting and/or lighting of radio 
towers that may constitute a hazard to air navigation. Part 17 of the 
Commission's rules prescribes certain procedures for antenna structure 
registration (ASR) and sets forth standards to determine whether a 
structure may impact air navigation, consistent with recommendations 
made by the Federal Aviation Administration (FAA). In particular, the 
Commission requires antenna structure owners to register and exercise 
primary responsibility for painting and lighting of antenna structures 
meeting the registration criteria. To ensure the ongoing compliance of 
antenna structures with marking and lighting requirements, part 17 also 
prescribes rules governing the maintenance of the marking and lighting 
on antenna structures, including routine inspection obligations.
    Under the current part 17 rules, any proposed or existing antenna 
structure that requires notice of proposed construction to the FAA must 
be registered with the Commission. As a result, the Commission 
exercises joint, and in some circumstances overlapping oversight with 
the FAA of certain antenna structures. All antenna structures that are 
subject to part 17 rules are therefore also subject to the FAA's part 
77 rules concerning the safety of the navigable airspace. Under its 
rules, the FAA requires notification for the construction or alteration 
of any antenna structure that exceeds 60.96 meters (200 feet) in height 
above ground level, or where certain other conditions are met, 
including proximity to an airport runway. Antenna structure owners must 
file a form with the FAA, and that agency in turn determines whether 
the construction or alteration is subject to lighting or marking 
specifications prescribed in the current version of an FAA Advisory 
Circular entitled Obstruction Marking, and Lighting.
    Obstruction Marking and Lighting. The FAA sends an acknowledgment 
to the antenna structure owner describing how the structure should be 
marked and lighted, which constitutes an FAA study and determination of 
no hazard to air navigation. This means that the FAA has determined 
that the structure will not pose a hazard to aircraft provided that the 
structure is marked and/or lighted consistent with its recommendations.
    2. In order to register the structure with the Commission, the 
antenna structure owner must submit the FAA's study and a no hazard 
determination, along with FCC Form 854. The Commission then verifies 
with the FAA the accuracy of the marking and lighting specifications 
provided by the applicant. If the Commission accepts the application, 
it issues an ASR form (Form 854R), which typically incorporates the 
FAA's no hazard marking and/or lighting specifications and assigns the 
antenna an ASR number. Once an antenna structure is registered, its 
owner must ensure that the structure complies with all of the relevant 
FAA chapters specified on the registration, or the owner may be subject 
to Commission enforcement action. No changes to the specifications in 
the ASR are permitted without prior approval from both the FAA and the 
Commission; owners wishing to change an antenna structure's 
specifications must first seek FAA approval, and only then may they 
file a request with the Commission to amend the ASR. Prior to changing 
the marking or lighting on the structure, antenna structure owners must 
receive an amended ASR form from the Commission incorporating the 
change.
    3. In 2010, the Commission initiated a proceeding to update and 
modernize its part 17 rules to improve compliance and enforcement 
objectives, and to eliminate outdated and burdensome requirements that 
may no longer serve safety objectives. In the Notice of Proposed 
Rulemaking (NPRM), the Commission proposed amendments to the part 17 
rules, including harmonizing these rules with FAA rules where 
appropriate. Among other proposals, the Commission sought comment on 
potential changes to the part 17 rules governing ASR and marking and 
lighting specifications, as well as inspection and maintenance of 
lighting and painting requirements. These issues were raised in the 
2004 Biennial Review, and in a subsequent Petition for Rulemaking filed 
by PCIA--The Wireless Infrastructure Association (PCIA) to modernize 
and clarify the part 17 rules.

II. Discussion

    4. In the part 17 Report and Order, the Commission adopts numerous 
revisions to its part 17 rules to simplify procedures and clarify the 
obligations of antenna structure owners in order to ensure air safety. 
The steps the Commission takes to streamline its rules will improve 
efficiency and reduce regulatory burdens, which the Commission 
anticipates may enhance compliance and air safety. The Commission first 
streamlines several requirements regarding the ASR process to remove 
conflicting or ambiguous rules. Among these changes, the Commission 
harmonizes its rules with FAA recommendations on antenna structure 
lighting and marking specifications, construction notification 
requirements, and the accuracy of data that antenna structure owners 
must provide. The Commission updates its rules regarding the 
maintenance of antenna structure painting and lighting. Specifically, 
the Commission exempts owners that use robust, modern monitoring 
systems from the quarterly inspection requirement. The Commission also 
improves its lighting outage notification requirements, standardizes 
repair timelines, harmonizes its requirements to maintain painting with 
current FAA publications, and removes outdated provisions from its part 
17 rules.
    5. To help ensure that its rules continue to reflect current FAA 
guidelines and publications, the Commission further delegates 
rulemaking authority to the Wireless Telecommunications Bureau (WTB) to 
make nonsubstantive, editorial revisions to the Commission's part 17 
rules to reflect future FAA rule changes and recommendations after 
providing an opportunity for notice and comment. The Commission 
anticipates that this limited delegation of authority will help to 
mitigate conflicts that may arise as a result of other rulemakings or 
new recommendations by the FAA, and will allow the Commission to more 
rapidly address situations where its rules may diverge from FAA 
requirements.

A. Antenna Structure Registration and Specifications

    6. In the (NPRM), the Commission proposed several revisions to its 
rules governing the ASR process to update and modernize them while 
ensuring the safety of pilots and aircraft passengers. In particular, 
the (NPRM) proposed to clarify requirements and harmonize them with 
current FAA rules. The part 17 rules that the Commission revises 
overlap in significant respects with FAA rules, reflecting its shared 
responsibility to ensure that the infrastructure the Commission 
regulates does not pose a risk to public safety. Diverging requirements 
create unnecessary ambiguity for antenna structure owners attempting to 
comply with both sets of rules which ultimately harm the public 
interest. Accordingly, in the actions the Commission takes, it seeks to 
provide clarity to antenna structure owners and, where appropriate, 
defer to the FAA on matters of air safety.

[[Page 56970]]

1. Antenna Structure Marking and Lighting Specifications
a. Provisions Governing Specification of Marking and Lighting
    7. Background. The part 17 rules provide criteria regarding which 
antenna structures require painting and lighting. Whenever painting or 
lighting is required, the rules provide that antenna structures must 
conform to the painting and lighting recommendations provided by the 
FAA in its determination of no hazard, as referenced in two FAA 
Advisory Circulars (from 1996 and 1995, respectively). The rules also 
provide that the Commission will generally conform its lighting and 
marking specifications to those set forth in these two FAA Advisory 
Circulars, but that it may specify different requirements for 
individual structures. In the (NPRM), the Commission proposed to 
clarify that the FAA's recommended specifications are generally 
mandatory, but that the Commission may specify additional or different 
requirements, and that no changes may be made to the lighting or 
marking specifications on an ASR without prior FAA and Commission 
approval. The Commission also proposed modifications to these rules to 
simply reference FAA marking and lighting requirements rather than 
specifying particular FAA publications.
    8. Discussion. The Commission revises its rules to eliminate any 
reference to older FAA Advisory Circulars, and instead require 
structure owners to comply with the FAA's no hazard determination and 
associated study for a structure in establishing painting and lighting 
specifications. The Commission finds that this revision to its rules 
will serve the public interest because it streamlines and clarifies the 
requirements applicable to structure owners. The Commission agrees with 
commenters that reference in its rules, to outdated FAA Advisory 
Circulars could cause confusion, and that eliminating specific 
references to FAA publications will clarify the lighting and marking 
obligations of antenna structure owners should any FAA Advisory 
Circulars change in the future. Requiring structure owners to comply 
with the FAA's no hazard determination and associated study when 
establishing painting and lighting specifications for a structure 
ensures a level of consistency between the Commission's rules and the 
FAA's rules and policies. However, consistent with the Commission's 
proposal in the (NPRM), the Commission modifies 47 CFR 17.4 of its 
rules to clarify that the Commission retains the right, in its 
discretion, to impose additional or different lighting and marking 
requirements to ensure structures do not pose an air hazard. Further, 
the Commission clarifies that no changes may be made to the lighting or 
marking specifications on an ASR without prior approval from both the 
FAA and the Commission. No commenters opposed either of these 
proposals. The Commission finds that these clarifications are 
appropriate in order to limit the possibility of confusion among 
antenna structure owners and to fulfill its statutory obligation to 
ensure that antenna structures have appropriate marking and lighting so 
as not to pose a menace to air navigation.
    9. The Commission declines to adopt the proposal from the 
Conservation Groups to expressly reference any FAA Advisory Circulars 
or other relevant policy documents that may address antenna structure 
owners' latitude to adopt lighting configurations that reduce adverse 
effects to birds and wildlife, consistent with aircraft navigation 
safety. Notwithstanding concerns regarding the effect of antenna 
structure lighting on wildlife, referencing particular circulars in the 
Commission's rules could lead to confusion, given the likelihood that 
the requirements or policies reflected in these publications will 
evolve over time. Furthermore, the FAA has not yet revised its Advisory 
Circulars to reflect the availability of new lighting configurations 
that do not employ steady-burning lights, and so citing to the current 
publications will not address the concerns of conservation advocates. 
Under the Commission's revised rules, antenna structure owners may 
still be able to change their lighting configurations to those that 
reduce impact on birds and wildlife, consistent with current or future 
FAA recommendations. The Commission notes that it previously encouraged 
antenna structure owners and conservation advocates to work together to 
reduce negative effects on wildlife, and the Commission's rules 
specifically require an Environmental Assessment (EA) for avian effects 
of antenna structures exceeding certain heights pending a final 
determination as to what, if any, permanent measures should be adopted 
specifically for the protection of migratory birds.
b. Retroactive Application of New Specifications
    10. Background. The Commission's rules provide an exemption to the 
lighting and marking requirements for previously authorized antenna 
structures, and provide that changes in the FAA circulars do not impose 
new restrictions upon existing structures. In the (NPRM), the 
Commission proposed to delete these exemptions as unnecessary in light 
of the proposal to remove references to specific circulars, as 
described above. The (NPRM) also sought comment on a proposal 
clarifying that lighting and marking requirements do not change unless 
the FAA recommends new specifications for a particular structure. The 
Commission asked whether, in the alternative, it should instead have 
the flexibility to apply any new standards retroactively in the event 
that the FAA changes its standards.
    11. Discussion. The Commission revises its rules to clarify that it 
generally will not require existing antenna structures to comply with 
any new lighting and marking requirements unless the FAA mandates 
application of such changes with regard to a particular structure. In 
addition, the Commission deletes the exemption to the lighting and 
marking requirements in its current rules for previously authorized 
structures, because the revisions the Commission adopts make those 
exemptions unnecessary. The Commission notes that this approach is 
consistent with the one taken by the FAA, the expert agency on air 
safety. Moreover, the Commission agrees with commenters that applying 
new marking and lighting guidelines retroactively to existing 
structures could be extremely burdensome, both in economic costs to 
owners that would be required to update existing equipment or purchase 
new equipment, and in Commission resources that would be necessary to 
handle the large influx of ASR filings. The Commission finds that, on 
balance, the costs associated with retroactive application of new 
lighting and marking specifications outweigh any limited corresponding 
benefit. The Commission will, however, require antenna structure owners 
to comply with any new specifications that the FAA recommends for 
particular structures, consistent with PCIA's proposal. This approach 
will ensure that particular safety needs are met without unduly 
burdening industry and agency resources.
    12. Conservation Groups is the sole commenter to oppose this 
proposal. It urges the Commission to retroactively impose new 
specifications requiring the extinguishment of certain steady burning 
lights as a result of recommendations from the FAA 2012 Conspicuity 
Study. While the Commission understands the concerns of Conservation 
Groups regarding the effect of antenna structure lighting on

[[Page 56971]]

wildlife, the FAA has not yet updated its Advisory Circulars to reflect 
the outcome of the study. The Commission will monitor any future 
determination that the FAA makes on whether to retroactively apply 
changes to the Advisory Circular's marking and lighting specifications 
resulting from the 2012 Conspicuity Study. Moreover, as previously 
discussed, the Commission will continue to encourage antenna structure 
owners to mitigate any adverse impact to wildlife and will consider any 
such impact through its EA review process.
2. Accuracy of Height and Location Data
    13. Background. Under the existing rules, alteration of an existing 
antenna structure requires the owner to obtain a new registration prior 
to alteration. However, the rules do not define what constitutes an 
alteration requiring registration. In the (NPRM), the Commission 
proposed to add new language specifying that any change in height of 
one foot or greater, or any change in coordinates of one second or 
greater, requires prior approval from both the FAA and the Commission. 
The Commission also sought comment on whether to require the height and 
location data to be accurate to within one foot and one second of 
latitude and longitude, respectively, and whether to require that a 
specific survey methodology (e.g., GPS) be used when conducting 
measurements.
    14. Discussion. The Commission amends the rules to require its 
prior approval for any change or correction of one foot or greater in 
height, or one second or greater in location, as compared to the height 
or location data provided on the antenna structure's ASR form. As NTCA 
notes, requiring supplemental notice for such changes in height or 
location codifies existing industry practice, and the Commission 
concludes this requirement will reinforce air safety. While some 
commenters propose different height or location standards, as noted 
above, changes in height of one foot or greater, or in location of one 
second or greater, requires a new aeronautical study and determination 
of no hazard by the FAA. The Commission defers to the FAA's expertise 
on these matters in finding that these requirements are sufficient to 
help ensure air safety. On balance, the Commission concludes that 
harmonizing its standards for when changes in height or location 
require supplemental notice with the FAA's requirement for when a new 
study is required is in the public interest, as it provides greater 
clarity to structure owners without harming air safety.
    15. The Commission also declines to impose a requirement that 
antenna structure owners use specific survey methods when conducting 
site measurements or that height measurements must be accurate within 
one foot and coordinates accurate within one second of latitude or 
longitude. Instead, the Commission will continue to defer to the FAA, 
and will require antenna structure owners to provide height and 
location measurements matching those provided to the FAA in their 
applications. Commenters overwhelmingly oppose both the Commission 
applying its own accuracy standards, and requiring a particular survey 
method. The Commission concludes that adopting accuracy standards or 
survey methods that differ from those required by the FAA may be unduly 
burdensome and could cause confusion, which in turn could discourage 
compliance and ultimately harm air safety. While requiring its own 
accuracy standards, or mandating the use of particular survey methods 
(e.g., GPS) could improve the accuracy of information that the 
Commission keeps on file, it is the Commission's goal to harmonize its 
approach with the FAA's where doing so will not harm air safety. From 
the record, the Commission is convinced that the standards set by the 
FAA, as the expert agency on air safety, are sufficient here. Further, 
generally requiring compliance with existing FAA guidelines rather than 
codifying the FAA's current standard will avoid confusion and allow the 
Commission's rules to keep pace with FAA policies as they evolve over 
time.
3. Notification of Construction or Dismantlement
    16. Background. The part 17 rules currently require the owner of an 
antenna structure to notify the Commission within 24 hours of 
construction or dismantlement, and to notify the Commission immediately 
of changes in height or ownership. FAA rules generally require owners 
to file supplemental notice within five days of the time that a 
construction or alteration of a structure reaches its greatest height, 
a proposed construction or alteration is abandoned, or a construction 
or alteration is dismantled or destroyed. In its petition for 
rulemaking, PCIA proposed that the Commission harmonize its 
notification requirements with FAA rules, modifying the notification 
windows to five days. In the (NPRM), the Commission tentatively 
rejected these proposed changes, noting that commenters had not cited 
relevant FAA requirements nor explained why these would be appropriate 
for the Commission's purposes.
    17. Discussion. The Commission modifies its rules regarding 
supplemental notification of construction, changes, or dismantlement to 
require that the owner of an antenna structure shall notify the 
Commission within five days of when a construction or alteration of a 
structure reaches its greatest height, when a construction or 
alteration is dismantled or destroyed, and when there are changes in 
structure height or ownership. The Commission notes that commenters 
unanimously support these timing requirements, and in so doing the 
Commission harmonizes its requirements with the FAA's rules. Although 
in the (NPRM), the Commission emphasized that the accuracy and 
timeliness of information submitted to the Commission is important, on 
balance the Commission agrees with commenters that compliance with 
substantially similar requirements that have different filing timelines 
can be burdensome and confusing. Given that the FAA, as the expert 
agency on matters of air safety, has determined that allowing a delay 
of five days between completion of construction, dismantlement, or 
changes in height is acceptable, the Commission concludes that 
harmonizing its timing rules with the FAA's requirements eases 
regulatory burdens without compromising safety.
4. Voluntary Antenna Structure Registration
    18. Background. Under the Commission's rules, only antenna 
structures meeting specified height or location criteria must be 
registered, although the rules do not preclude voluntary registration 
of antenna structures not meeting those criteria. In the (NPRM), the 
Commission sought comment on whether the part 17 rules should be 
enforced against antenna structures that are voluntarily registered. 
The Commission also asked whether it should prohibit owners from 
voluntarily registering structures and require owners to remove 
voluntarily registered structures from the database. As the Commission 
noted, such action could reduce confusion concerning the regulatory 
status of these structures. However, the (NPRM) also explained that 
many owners register antenna structures voluntarily in order to file an 
Environmental Assessment and obtain a Finding of No Significant Impact 
under the Commission's environmental rules, or to satisfy other needs.
    19. Discussion. The Commission will continue to allow owners to 
voluntarily register antenna structures, but the

[[Page 56972]]

Commission changes the registration form to require owners to designate 
when a particular registration is done voluntarily. All but one 
commenter advocates continuing to allow voluntary registration of 
antenna structures. The Commission agrees with commenters that argue 
that prohibiting voluntary registration would be burdensome for antenna 
structure owners that may need to register their structures to comply 
with the Commission's environmental rules to meet regulatory 
requirements, or for other reasons. The Commission finds that, by 
modifying the registration form in a minor way to require an antenna 
structure owner to designate whether a registration is voluntary, the 
Commission strikes the right balance between administrative efficiency 
and burdens on antenna structure owners. Further, while the Commission 
will require owners to designate whether a registration is voluntary 
for all future registrations, the Commission declines to require 
antenna structures previously registered to file a new registration 
with such a designation. The Commission agrees with commenters that 
contend that forcing owners of previously registered antenna structures 
to determine which structures were registered voluntarily could be an 
extremely difficult task given the number of changes in structure 
ownership, airport locations, and FAA flight paths that have occurred 
over the years. Thus, for new registrations in the database, it will be 
clear whether the part 17 rules apply. Although existing registrations 
will not be marked as voluntary, the Commission finds that the burden 
of requiring all existing registrations to be updated would outweigh 
the informational benefit of doing so.
    20. The Commission also concludes that it would not serve the 
public interest to apply part 17 lighting and marking requirements to 
voluntarily registered antenna structures. Commenters broadly oppose 
applying the part 17 rules to these antenna structures, and as 
indicated above, the Commission finds that requiring owners to 
designate whether a structure is registered voluntarily will resolve 
any ambiguity or confusion concerning whether such requirements apply. 
The Commission will permit owners of voluntarily registered structures 
to withdraw their registrations, but, as the Commission determines that 
continuing to allow such registrations is in the public interest, the 
Commission will not require these registrations to be removed from the 
database or amended to indicate that they were voluntarily filed.
5. Posting of Antenna Structure Registration
    21. Background. The Commission's rules require that an ASR number 
must be displayed in a conspicuous place so that it is readily visible 
near the base of the antenna structure. PCIA, in its petition for 
rulemaking, argued that it is not always possible to post this number 
so that it is both readily visible and near the base of the structure, 
and instead recommended that the Commission expressly permit posting at 
a compound fence or gate. In the (NPRM), the Commission proposed to 
modify its rules to require owners to display the ASR number so that it 
would be visible to a member of the general public who reaches the 
closest publicly accessible location near the base of the antenna 
structure. The Commission also tentatively concluded that if two or 
more such locations exist (e.g., two access roads from different 
directions), the rules should require posting the registration number 
at each location.
    22. Discussion. The Commission amends its rules to require that 
owners display the ASR number so that it is visible to a member of the 
general public who reaches the closest publicly accessible location 
near the antenna structure base. In general, commenters support the 
proposal in the (NPRM) to clarify the obligations of antenna structure 
owners regarding where and how to post the ASR number, although some 
commenters encourage further guidance and clarity in the rules. To 
address concerns raised by some commenters on the obligations of 
antenna structure owners where an antenna structure is within an 
enclosed perimeter, the Commission emphasizes that posting at the 
closest publicly available access point may, for example, be on a 
perimeter fence or access gate.
    23. In general, the Commission will not require antenna structure 
owners to post the ASR number at both an access point and the base of 
the structure. The Commission agrees with the commenters that contend 
that posting the ASR number at both the base and an access point in 
cases in which there is only one antenna structure is unnecessary. 
However, in certain circumstances the informational benefit to the 
public of posting multiple signs outweighs the burden on antenna 
structure owners. Where more than one publicly accessible access point 
exists, the Commission modifies its rules to require posting at each 
access point location. Likewise, where a single perimeter fence 
surrounds multiple antenna structures, the Commission will require that 
owners post the registration both at any access points, and at the base 
of the structure. With regard to those commenters that argue that the 
rules should not require multiple ASR numbers to be posted at a 
facility, the Commission finds that the burden on antenna structure 
owners of posting multiple ASR numbers is outweighed by the benefits to 
the public and to air safety of conspicuously displaying this 
information. As discussed in the (NPRM), it is important that FAA and 
Commission personnel, as well as members of the public, can quickly and 
easily identify a particular structure in order to report a lighting 
outage or other air safety hazard.
6. Provision of Antenna Structure Registration to Tenants
    24. Background. The part 17 rules require that antenna structure 
owners immediately provide copies of the ASR form to each tenant 
licensee and permittee. In the (NPRM), the Commission proposed to amend 
the rules to allow owners, as an alternative to providing a paper copy 
of the form, to provide tenants with the ASR number and a link to the 
Commission's ASR Online System Web site, via paper mail or email.
    25. Discussion. The Commission modifies its rules to allow owners 
to provide tenants the ASR number and link to the Commission's online 
system via mail, email, or other electronic means, as an alternative to 
providing a paper copy of Form 854R, which all commenters support. PCIA 
argues that the requirement to provide a paper copy of the ASR form 
serves no practical purpose, given that the general public can obtain a 
copy using the Commission's ASR Online System with just the ASR number. 
The Commission finds that it is crucial that tenants have complete and 
timely notice of the contents of Form 854R, and, in keeping with its 
process reform goal of updating its rules, the Commission finds that 
allowing a simple, modern alternative to provide this notice is 
warranted.

B. Maintenance of Marking and Lighting

    26. As discussed below, the Commission revises its rules to address 
certain requirements that concern the maintenance of the marking and 
lighting on antenna structures, including inspection and maintenance of 
lighting, records of extinguishment or improper functioning of lights, 
and maintenance of painting. In particular, the Commission amends its 
rules to exempt antenna structure owners with network operations center 
(NOC)-based monitoring systems from quarterly inspection requirements. 
The

[[Page 56973]]

Commission also requires antenna structure owners to provide the FAA 
with updates of the status of lighting outages so that the FAA can 
issue accurate Notices to Airmen (NOTAMs) throughout the period that 
the antenna structure remains unlit. The Commission also adopts a 
single standard for the repair of antenna structure lighting and 
automatic indicators or automatic control or alarm systems, and clarify 
the amount of time that antenna structure owners are required to 
maintain a record of observed or otherwise known extinguishments or 
improper functioning of structure lights. Finally, the Commission 
adopts the FAA's ``In Service Aviation Orange Tolerance Chart'' as the 
benchmark for determining whether a structure needs to be cleaned or 
repainted.
1. Inspection of Structure Lights and Associated Control Equipment
    27. Background. In the (NPRM), the Commission sought comment on 
whether to amend its rules governing antenna structure lighting 
monitoring and inspection obligations, or whether to eliminate these 
requirements altogether. These rules require the owner of an antenna 
structure to observe the antenna structure's lights to make sure they 
are functioning properly at least once every 24 hours either visually 
or by observing an automatic properly-maintained indicator designed to 
register any failure of these lights or, in the alternative, to provide 
an automatic alarm system designed to detect lighting failures and 
notify the owner of the failure. Owners must also inspect, at least 
quarterly, all automatic or mechanical control devices, indicators, and 
alarm systems associated with the antenna structure lighting to ensure 
that they are functioning properly.
    28. The (NPRM) sought comment on whether to eliminate the 
inspection requirement entirely, noting that the rule may create 
confusion about the scope of an antenna structure owner's regulatory 
obligations and lead an owner to incorrectly conclude that if it 
performs the required inspections, it may not be subject to enforcement 
action if its lights fail to function. Alternatively, the Commission 
sought comment on whether to exempt or modify inspection obligations 
for antenna structures using advanced NOC-based self-monitoring 
technologies. The Commission has implemented a waiver process in cases 
where advanced monitoring systems are in place, and has granted a 
number of partial waivers, permitting the petitioning antenna structure 
owners to conduct annual rather than quarterly inspections. Under this 
process, an antenna structure owner petitioning for relief must 
demonstrate that the monitoring system it utilizes employs self-
diagnostic functions--such as alarm notification, 24-hour polling, and 
manual contact--and a NOC staffed with trained personnel capable of 
responding to alarms 24 hours per day, 365 days per year, as well as a 
backup Operations Center that, in the event of a catastrophic failure 
at the primary NOC, has specific procedures for transferring the 
monitoring duties of the system. Once WTB, under delegated authority, 
has had an opportunity to evaluate a request and determine that a 
particular monitoring system is sufficiently robust as to justify grant 
of a waiver, other antenna structure owners utilizing the same 
monitoring system may petition for relief on an expedited basis. Where 
an antenna structure owner seeks to utilize a new monitoring system 
that has not previously been approved, it may petition the Commission 
for relief, and waivers are generally granted where the petitioner can 
demonstrate that their system employs the same functionalities as ones 
previously granted approval. There is a pending request by American 
Tower Corporation (ATC) seeking a waiver of inspection requirements 
altogether based on its use of an advanced monitoring system.
    29. Discussion. The Commission revises its rules to exempt 
qualifying NOC-based monitoring systems from quarterly inspection 
obligations. Based on the record, the Commission concludes that it 
would serve the public interest to eliminate the quarterly inspection 
obligation for those antenna structures using sufficiently robust 
monitoring systems. These systems employ self-diagnostic functions 
(such as alarm notification, 24-hour polling, and manual contact), an 
operations center staffed with trained personnel capable of responding 
to alarms 24 hours per day, 365 days per year, and a backup Operations 
Center that can monitor systems in the event of catastrophic failure. 
As the Commission has previously determined, these systems are 
sufficiently robust so as to make quarterly inspections unnecessary to 
ensure that the control devices, indicators, and alarm systems on the 
antenna structures are operating properly. Further, completely 
eliminating the inspection requirement for qualifying systems with 
these features will lessen the burden on antenna structure owners 
without hindering aircraft navigation. The Commission observes that 
quarterly or even annual inspection obligations require a tremendous 
expenditure of resources for structures employing these systems, both 
in terms of dollars and person-hours spent, with no apparent 
corresponding benefit to aircraft safety. Further, eliminating the 
burden of inspection requirements for antenna structure owners that use 
advanced technologies may encourage other owners to adopt state-of-the-
art systems.
    30. The Commission therefore concludes that, on balance, the public 
interest would be served by adopting a procedure to exempt qualifying 
antenna structure owners from quarterly inspection requirements. In 
doing so, the Commission emphasizes that the Commission's top priority 
is to ensure that the lighting required under the ASR remains on or, if 
required lights become extinguished, that the structure owner promptly 
requests a NOTAM. The Commission reminds antenna structure owners that 
if these requirements are not met, they may be subject to enforcement 
action, regardless of how robust their monitoring systems may be.
    31. As discussed above, this exemption affects three specific 
groups of antenna structure owners: (1) those that were previously 
granted waivers for their antenna structures monitored by approved 
systems; (2) those that employ approved systems but have not yet sought 
approval from the Commission; and (3) those that employ new systems for 
which no antenna structure owner has been granted waiver relief by the 
Commission. The Commission discusses the application of its decision 
with respect to each of these groups in turn.
    32. Antenna structure owners that were previously granted a waiver 
for their antenna structures monitored by qualifying systems are exempt 
from all inspection obligations, as long as they continue to meet the 
advanced monitoring obligations to which they have already certified. 
Other antenna structure owners that have not yet sought a waiver but 
use an advanced monitoring system that has previously been approved by 
the Commission may also certify that they are eligible for an exemption 
from the inspection obligations with respect to any antenna structure 
utilizing a NOC-based system. Specifically, the Commission will modify 
its ASR system, as Verizon suggests, to allow structure owners to 
demonstrate that they are eligible for an exemption. Structure owners 
must provide a certification and supporting documentation demonstrating 
that they use an advanced monitoring system that has been previously 
approved by the

[[Page 56974]]

Commission, and that their antenna structures are monitored under the 
same process described in the order granting a waiver for that system. 
In addition, to qualify for the exemption the antenna structure owners 
must certify that they maintain a facility to receive notifications of 
failures from the advanced monitoring system, enabling the owners to 
carry out their responsibilities under part 17 of the Commission's 
rules. Finally, antenna structure owners that employ new systems that 
have not yet been certified by the Commission may continue to petition 
WTB. Such requests will be evaluated under the standards that have 
already been established.
    33. The Commission declines to eliminate inspection obligations in 
their entirety. Although some commenters support the elimination of all 
inspection obligations, the Commission finds that there are important 
public safety benefits associated with periodic inspection of the 
control devices, indicators, and alarm systems associated with the 
lighting for antenna structures that do not employ advanced monitoring 
systems. The Commission concludes that the quarterly inspection 
requirement provides a necessary layer of required diligence to protect 
against lighting failures going unnoticed in cases where antenna 
structure owners are maintaining structures with older monitoring 
systems. In the absence of an advanced system that continually monitors 
lighting and system malfunctions, the Commission finds that quarterly 
inspections are essential to public safety because they help to ensure 
the reliable detection of lighting malfunctions. The Commission 
therefore declines to delete 47 CFR 17.47 in its entirety.
    34. The Commission further declines to require registered 
structures to install monitoring systems as proposed by AFCCE. The 
Commission finds that such a requirement would be unnecessary because 
the new exemption will provide adequate incentives for antenna 
structure owners to adopt technologically advanced systems, and because 
the use of quarterly inspections should suffice to ensure that the 
public safety will be adequately protected for those owners that do not 
employ these advanced systems. The Commission also declines to adopt a 
third-party certification process for waiver requests. The Commission 
does not anticipate that the number of new system requests would 
support the development of a third-party certification process, and the 
Commission therefore finds that it would serve the public interest to 
continue with its already established waiver/exemption process. Thus 
WTB, under delegated authority, will continue to evaluate petitions for 
exemption of any new NOC-based systems using the same process it used 
in granting previous waiver requests.
2. Notification of Extinguishment or Improper Functioning of Lights
    35. Background. 47 CFR 17.48(a) requires that antenna structure 
owners promptly report outages of top steady burning lights or flashing 
antenna structure lights to the FAA. Upon receipt of the outage 
notification, the FAA will issue a NOTAM, which notifies aircraft of 
the outage. However, the FAA cancels all such notices within 15 days. 
Currently, the Commission's rules do not require antenna structure 
owners to provide any notification to the FAA regarding the status of 
repairs other than the initial outage report and the resumption of 
normal operation. Thus, if the repairs to an antenna structure's lights 
require more than 15 days, the FAA may not have any record of the 
outage from that 15th day to the resumption of normal operation. The 
(NPRM) sought comment on proposed modifications to the process by which 
lighting outages are reported to the FAA. Specifically, the Commission 
proposed requiring antenna structure owners to contact the FAA to 
extend the lighting outage date after 15 days, together with an updated 
estimate of the return-to-service date. In addition, the reporting 
requirement of 47 CFR 17.48(a) requires that the FAA be notified by 
telephone or telegraph. The Commission tentatively concluded that this 
rule should be updated to require notification by means acceptable to 
the FAA, which currently is by a nationwide toll-free telephone number 
for reporting lighting outages.
    36. Discussion. The Commission revises its rules to require antenna 
structure owners to provide the FAA with regular updates on the status 
of their repairs of lighting outages so that the FAA can maintain 
notifications to aircraft throughout the entire period of time the 
antenna structure remains unlit. Consistent with the current FAA 
requirements, if a lighting outage cannot be repaired within the FAA's 
original NOTAM period, the Commission requires the antenna structure 
owner to notify the FAA of that fact. In addition, the antenna 
structure owner must provide any needed updates to its estimated 
return-to-service date to the FAA. Moreover, an antenna structure owner 
must continue to provide these updates to the FAA every NOTAM period 
until its lights are repaired. The Commission finds it necessary to 
ensure that a NOTAM is reissued every NOTAM period so long as any 
outage continues, and that a current estimate of the return-to-service 
date is included in each notification, to clarify the scope of the 
malfunction and help focus the repair process toward a fixed repair 
date. The Commission finds that the limited additional burden on 
antenna structure owners is insignificant compared to the need to have 
regularly updated and accurate NOTAMs, as pilots rely on the NOTAMs to 
help ensure air safety.
    37. With regard to the reporting requirement of 47 CFR 17.48(a), 
which provides that the FAA shall be notified by telephone or 
telegraph, the Commission eliminates the requirement for using a 
specific means of notification (which currently contains the outdated 
reference to telegraph) and require instead notification by means 
acceptable to the FAA. The FAA currently requires notification by a 
nationwide toll-free telephone number for reporting lighting outages. 
This change serves the public interest because it harmonizes the 
Commission's reporting requirement with the FAA's reporting 
requirements and it clarifies the rule by eliminating a previously 
specified option that is no longer viable.
3. Lighting Malfunction Repair Timelines
    38. Background. The Commission requested comment on whether its 
rules should include specific timeframes for replacing or repairing 
extinguished lights notwithstanding the issuance of a NOTAM, and if so, 
what those timeframes should be. 47 CFR 17.48(b) requires the repair of 
an extinguished or improperly functioning steady burning side 
intermediate light as soon as possible. In contrast, the general 
standard for repairing and restoring lights, automatic indicators, and 
control or alarm systems in 47 CFR 17.56(a) requires repairs to be made 
as soon as practicable. The Commission tentatively concluded that these 
provisions should be deleted to avoid confusion with regard to repair 
timelines, as well as whether diligent efforts to correct lighting 
malfunctions obviate the need for a NOTAM. However, the Commission 
noted that the FAA does not accept notifications or issue NOTAMs for 
extinguished steady burning side intermediate lights, and that the 
Commission's rules would contain no requirements relating to 
maintenance of these lights in the absence of 47 CFR 17.48(b). The 
Commission therefore sought comment on whether it should implement a 
time limitation for lighting system repairs,

[[Page 56975]]

and if so, how such a requirement should be implemented.
    39. Discussion. The Commission revises its rules by adopting a 
single standard for the repair of antenna structure lighting, automatic 
indicators, automatic control systems, and alarm systems. Specifically, 
the Commission revises its rules to provide that all of the repairs 
addressed in 47 CFR 17.48(b) and 17.56(a) (i.e., antenna structure 
lighting repairs, as well as repairs to automatic indicators or 
automatic control or alarm systems) be made as soon as practicable. 
This change addresses the inconsistency between these two rules, given 
that 47 CFR 17.48(b) requires that antenna structure lighting repairs 
be made as soon as possible, while 47 CFR 17.56(a) requires that 
repairs to automatic indicators or automatic control or alarm systems 
be made as soon as practicable. Commenters generally support this 
revision to the Commission's rules, and the Commission finds that this 
change serves the public interest because a standard that requires 
antenna structure owners to make such repairs as soon as practicable 
will provide them with greater flexibility to fulfill their obligation 
to complete repairs to lighting system malfunctions in a timely 
fashion. Antenna structure owners that cannot demonstrate that their 
efforts to make such repairs are sufficient to meet that standard may 
face forfeiture liability. In determining whether an antenna structure 
owner has met the as soon as practicable standard in an enforcement 
proceeding, the Commission may consider whether the owner has exercised 
due diligence and has made a good faith effort to repair the outage. 
Further, antenna structure owners may be subject to enforcement action 
if they are unable to provide a reasonable explanation of their efforts 
to make these repairs as soon as practicable.
    40. The Commission declines to impose specific timeframes for 
replacing or repairing extinguished lights. The Commission finds that 
antenna structure lighting repair does not lend itself to specific 
repair timelines due in part to the widely varied circumstances and 
complications that can make certain repairs too difficult or dangerous 
if a fixed schedule is required. Many of these variables are often 
beyond the control of the antenna structure owner, because such factors 
as delivery of replacement equipment, difficulty of repair, and limited 
structure access due to the location or weather conditions can make the 
timing of certain repairs difficult to predict. Most commenters do not 
support the imposition of specific repair timelines, preferring instead 
rules that provide antenna structure owners the flexibility to make 
their repairs in a reasonable period of time. The Commission finds that 
declining to adopt fixed repair timelines best meets its goals of 
ensuring timely repairs to lighting malfunctions and consistent 
enforcement of its rules, without imposing unreasonable burdens on 
antenna structure owners. In the absence of specific timeframes, the 
Commission finds that it serves the public interest to require an 
antenna structure owner to replace or repair extinguished lights as 
soon as practicable, as discussed above. The Commission's revised rules 
provide a general, consistent standard that will help ensure that those 
tasked with timely repairs may undertake them safely and efficiently 
under widely differing circumstances while still preserving aviation 
safety.
    41. The Commission declines to delete 47 CFR 17.48(b) and 17.56(a), 
which would eliminate the requirements providing for the repair of 
antenna structure lighting, as well as automatic indicators or 
automatic control or alarm systems. The Commission finds that it serves 
the public interest to retain these rules while revising them to ensure 
that the Commission provides antenna structure owners with clear 
guidance and a consistent standard to ensure timely repairs to antenna 
structure lighting malfunctions. Moreover, because the FAA does not 
accept notifications or issue NOTAMs for extinguished steady burning 
side intermediate lights, which are required in many FAA lighting 
styles, in absence of these rules, the Commission has no requirements 
applicable to antenna structure owners in connection with their 
obligations to repair and maintain these lights.
    42. The Commission decline to require a second lighting system, for 
antenna structures in very remote locations, which is consistent with 
its requirements in other locations. The Commission finds that adopting 
a special rule for remote locations to require a second lighting system 
for structures in those areas would impose additional costs on antenna 
structure owners that the Commission finds to be, on balance, 
unnecessary, given the effectiveness of other rules requiring timely 
lighting repair. The Commission finds that its rules requiring antenna 
structure owners to complete repairs of lighting malfunctions on their 
antenna structures in a timely manner helps to ensure aviation safety 
and obviates the need for secondary systems.
4. Recordkeeping Requirements
    43. Background. 47 CFR 17.49 requires antenna structure owners to 
maintain a record of observed or otherwise known extinguishments or 
improper functioning of structure lights, but does not specify the time 
period for which such records must be maintained. In the (NPRM), the 
Commission tentatively concluded to amend this provision by adding a 
requirement to maintain such records for two years and an obligation to 
provide the records to the Commission upon request. The Commission also 
sought comment on whether it should eliminate the recordkeeping 
requirement entirely.
    44. Discussion. The Commission revises its rules to require antenna 
structure owners to maintain a record of observed or otherwise known 
extinguishments or improper functioning of structure lights for two 
years, and to provide such records to the Commission upon request. The 
Commission finds that limiting the retention time period to two years 
serves the public interest because it will lessen the burden on antenna 
structure owners without hindering the Commission's ability to monitor 
an antenna structure owner's compliance record. Although one commenter 
prefers a one-year retention period, all other commenters that address 
this revision to the rules support it, as antenna structure owners will 
no longer have to retain the records indefinitely, thereby saving 
valuable resources. The Commission finds that the two year retention 
period and the obligation to submit such records to the Commission upon 
request provide a practical balance between the Commission's need to 
preserve a record of compliance and costs to industry of retaining and 
submitting these records.
5. Maintenance of Painting
    45. Background. 47 CFR 17.50 of the rules specifies that antenna 
structures requiring painting under part 17 shall be cleaned or 
repainted as often as necessary to maintain good visibility. In the 
(NPRM), the Commission sought comment on options for clarifying the 
rule, as the rule itself provides an ambiguous standard for measuring 
good visibility. Specifically, the Commission requested comment on 
whether to amend 47 CFR 17.50 to specifically provide for use of the 
FAA's In-Service Aviation Orange Tolerance Chart to determine whether a 
structure needs to be cleaned or repainted. If so amended, the 
Commission further sought comment on whether a determination as to 
whether a structure needs to be repainted or cleaned should be assessed

[[Page 56976]]

by comparing it to the FAA's In-Service Aviation Orange Tolerance Chart 
at the base of the antenna structure and/or at a distance of one 
quarter mile. The FAA's Advisory Circular on Obstruction Marking and 
Lighting indicates that the color should be sampled on the upper half 
of the structure, since weathering is greater there.
    46. Discussion. The Commission revises its rules to adopt the FAA's 
In-Service Aviation Orange Tolerance Chart as the benchmark for 
determining whether a structure needs to be cleaned or repainted. In 
adopting this revision to its rules, the Commission notes that most 
commenters support the adoption of the FAA's In-Service Aviation Orange 
Tolerance Chart, and antenna structure owners will now have a standard 
measurement tool to aid them in deciding when it is necessary to clean 
or repaint their structures to maintain good visibility pursuant to 47 
CFR 17.50 of the Commission's rules. Antenna structure owners must use 
the chart in a manner consistent with FAA guidelines, which currently 
provide that the color should be sampled on the upper half of the 
structure. The Commission agrees with the FAA that the top half of the 
structure, and not the base of the structure as some commenters have 
suggested, should be the reference point to which the color chart is 
compared. The Commission notes that visibility of the top half of the 
structure is the most important for safe air navigation and that the 
color of the top half of the structure is likely to fade faster than 
other parts of the structure due to weather conditions.
    47. The Commission decline to prescribe a particular distance from 
which the chart is to be compared with the top half of the structure. 
Commenters advocate making this comparison from a number of specific 
locations, including at the base, at the top half of the structure, or 
at a distance of one-quarter mile from the structure. Although placing 
the chart directly over the surface of a portion of the top half of the 
structure would provide the best results, the Commission recognizes 
that measurement directly over the surface may not always be practical 
due to weather or access limitations.
    48. The Commission declines to compel painting of antenna 
structures every ten years. The Commission finds that structure owners 
are best able to determine how to safely and efficiently comply with 
the antenna structure maintenance requirements of its rules, and it is 
unnecessary to prescribe a fixed, ten-year painting mandate for this 
purpose. A rigid repainting requirement would not materially benefit 
antenna structure conspicuity and aviation safety beyond the 
requirement to clean and repaint as necessary to maintain good 
visibility. The Commission finds that the use of the FAA's In-Service 
Aviation Orange Tolerance Chart, in conjunction with the Commission's 
current cleaning and repainting standards, is the best way to promote 
aircraft safety, provide clear guidance to antenna structure owners, 
and ensure consistent enforcement.

C. Other Process Reform Matters

1. Clarifying Definitions
    49. Background. An antenna structure is defined in the rules as 
including the radiating and/or receive system, supporting structures 
and any appurtenances mounted thereon. The rules also define an antenna 
structure owner as the individual or entity vested with ownership, 
equitable ownership, dominion, or title to the antenna structure. In 
the 2004 Biennial Review proceeding, PCIA and other commenters claimed 
that these definitions and associated compliance obligations of 
infrastructure providers and licensed carriers were ambiguous, and 
urged the Commission to revise the definitions to eliminate such 
ambiguities. In the (NPRM), the Commission proposed to clarify the 
definition of antenna structure owner to be the owner of the underlying 
structure that supports or is intended to support antennas and other 
appurtenances and not a tenant. The Commission also proposed amending 
the rules to clarify when a structure becomes and ceases to be an 
antenna structure, noting that the Communications Act requires an owner 
to maintain painting and lighting until the antenna structure is 
dismantled. In particular, the Commission proposed to clarify that a 
structure becomes an antenna structure under the part 17 rules from the 
time construction begins, regardless of whether the structure is 
immediately used for its intended purpose, and continues to be an 
antenna structure until such time as it is dismantled, regardless of 
whether it continues to be used to transmit or receive radio energy.
    50. Discussion. Consistent with the proposal in the (NPRM), the 
Commission revises its definition of antenna structure owner to include 
the owner of the underlying structure that supports antennas, and its 
definition of antenna structure to likewise include these underlying 
structures. The Commission notes that all commenters support these 
changes, and the revisions clarify that the part 17 rules apply to the 
actual owner of the structure and not a tenant. The Commission also 
notes that some structures are themselves the radiating antenna used to 
transmit radio energy, such as towers that broadcast AM radio 
frequencies. To clarify that its new definitions are not meant to 
exclude such structures, the Commission adopts a modification to the 
definitions proposed in the (NPRM) so as to specifically include them.
    51. In addition, the Commission clarifies that a structure is 
considered an antenna structure from the start of construction through 
dismantlement, regardless of when it begins and ceases to transmit 
radio energy. Commenters generally support this clarification, and the 
Commission agrees that the scope of the rule does not include the 
construction of a building on which an antenna may be situated, but 
refers to the construction of the antenna structure itself. The 
Commission also emphasizes that an antenna structure owner's 
obligations do not cease until the structure is dismantled. The record 
supports clarifying who bears responsibility for compliance with the 
rules, and when a structure is within the purview of the part 17 rules, 
and the Commission finds that doing so will help promote air safety and 
serve the public interest.
    52. Some commenters express concern that this proposal could be 
read to encompass Distributed Antenna Systems (DAS), and urge that the 
Commission make clear that such systems are exempt from the part 17 
review. DAS, as well as small cells and other new wireless 
technologies, use large numbers of smaller antennas, deployed at lower 
heights and supported by compact radio equipment to provide broadband 
services. The benefit of these technologies is that they can be 
deployed on utility poles, street lamps, water towers, rooftops, or 
inside buildings to fill in coverage gaps. The Commission declines to 
expressly exempt such systems from its modification to the part 17 
definitions. The Commission does not anticipate that the part 17 rules 
will ordinarily affect such systems because registration is generally 
only required for structures of sufficient height to affect air safety, 
and such heights are significantly greater than that of most DAS 
antennas.
2. Streamlining and Removing Unnecessary Rules
    53. Background. The part 17 rules currently set forth which antenna 
structures require notification to the FAA, and specify certain 
exemptions from this notification requirement. These rules essentially 
restate the applicable FAA rules. In the (NPRM),

[[Page 56977]]

the Commission proposed to delete these sections and insert cross-
references to relevant FAA rules. The Commission also proposed to 
delete a requirement that applicants proposing new or modified 
facilities located on land under U.S. Government jurisdiction include a 
statement indicating that facilities will be so located, and that 
applicants shall comply with another section of the Commission's rules 
that was removed in 1977. The (NPRM) tentatively concluded that this 
section was intended to promote compliance with procedures that no 
longer exist, and as a result is now unnecessary. In addition, the 
Commission proposed to delete rules that set forth specific lighting 
and light maintenance requirements as unnecessary and duplicative, 
since these requirements are specified in the FAA no hazard 
determination and study for each structure.
    54. Discussion. While the majority of commenters support amending 
the Commission's rules to delete the criteria for when notification to 
the FAA is required, and the specified exemptions from this 
notification requirement, the Commission declines to adopt this 
proposal from the (NPRM). PCIA supports cross-referencing in general, 
but only for the FAA's physical obstruction rules, due to concerns that 
the FAA may expand the scope of its notification requirements. The FAA 
has previously considered whether to broaden its notification 
requirements to include construction of new antenna support structures 
in certain frequency bands. In particular, the FAA remains concerned 
about the possible threat of FM broadcast service transmissions to 
aircraft navigation and communication facilities. The Commission notes 
that the FAA has not issued a final decision on its proposal to expand 
its rules to require notice for antenna structures operating on the FM 
broadcast frequencies. The Commission will continue to work with the 
FAA and the National Telecommunications and Information Administration 
(NTIA) to address concerns about the effect of FM broadcast 
transmissions on air safety and communications systems.
    55. Nevertheless, the Commission declines to cross-reference FAA 
rules that may expand the scope of its rules in the future. Instead, 
the Commission adopts modifications to part 17 to clarify that antenna 
structures must be registered only when notice to the FAA is required 
due to physical obstruction (as for structures of sufficient height, or 
proximity to airports). The Commission retains the notification 
criteria in 47 CFR 17.7, but updates these to reflect the FAA's current 
notification criteria and exemptions. The Commission agrees with 
commenters that these changes will provide clarity and prevent future 
FAA rulemakings from expanding the scope of its rules without providing 
parties the opportunity for public comment. As noted above, the 
Commission delegates authority to WTB to update the part 17 rules to 
comport with future FAA rule changes regarding what tower constructions 
or alterations require FAA notification after an opportunity for notice 
and comment. This delegated authority will help ensure that the 
Commission's rules can be quickly updated to remain in harmony with the 
FAA's notification requirement, while providing interested parties an 
opportunity to comment on any changes before they take effect.
    56. The Commission does, however, delete from its rules the notice 
requirement for applicants proposing new or modified facilities on 
federal land in its entirety, a proposal supported by all commenters 
addressing this issue. The procedures that this rule references were 
abolished in 1977 at the request of the agencies affected, and the 
Commission concludes that there is no reason to retain this 
notification requirement. Finally, the Commission deletes the rules 
regarding exhibiting and maintaining lights as unnecessary and 
potentially confusing given that these requirements are already 
contained in each antenna structure's no hazard determination. 
Commenters generally support these deletions, which will provide 
clarity by removing requirements that could conflict with the rule 
changes adopted above.
3. Ministerial Rule Changes
    57. The Commission make the following ministerial edits to conform 
with the other rule amendments adopted in this Order: the Commission 
adds a heading to the definition of antenna farm area and changes 
antenna towers to antenna structures in 47 CFR 17.2(b); deletes an 
outdated provision in 47 CFR 17.4(a)(2) requiring certain registrations 
by July 1, 1998; and adds a cross-reference to 47 CFR 17.4(f) in 47 CFR 
17.4(e).

III. Procedural Matters

A. Paperwork Reduction Act

    58. This document contains revised information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the modified information collection requirements contained in the 
proceeding. In addition, the Commission notes that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198 44 
U.S.C. see 44 U.S.C. 3506(c)(4), the Commission previously sought 
specific comment on how it might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    59. The Commission has assessed the effects of eliminating and 
updating particular provisions of part 17 governing the construction, 
marking, and lighting of antenna structures. Specifically, the 
Commission updates the means by which antenna structure owners are 
required to provide tenant licensees a copy of the antenna structure 
registration, how registration numbers are displayed on or around the 
antenna structure and, for improper functioning antenna structure 
lights, how the FAA is notified and for how long the records are 
retained. The Commission also updates requirements regarding when the 
FCC should be notified of certain events, what changes in structure 
height or location require a new Antenna Structure Registration, 
require a notation when structures are registered voluntarily, and 
provide a standardized means for registrants to certify that they 
qualify for the exemption from quarterly inspection requirements. The 
Commission finds that these updates improve efficiency, reduce 
regulatory burdens, and enhance compliance with antenna structure 
painting and lighting requirements, while continuing to ensure aircraft 
safety. In addition, the Commission has described impacts that might 
affect small business, which includes most businesses with fewer than 
25 employees.

B. Final Regulatory Flexibility Analysis

    60. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (NPRM). The 
Commission sought written public comment on the proposals in the 
(NPRM), including comment on the IRFA. Because the Report and Order 
amends the Commission's rules, this Final Regulatory Flexibility 
Analysis (FRFA) is included to conform with the RFA.
i. Need for, and Objectives of, the Report and Order
    61. Section 303(q) of the Communications Act vests in the 
Commission the authority to require

[[Page 56978]]

painting and/or lighting of radio towers that may constitute a hazard 
to air navigation. Part 17 of the Commission's rules sets forth 
procedures for identifying those antenna structures that might affect 
air navigation, consistent with recommendations made by the Federal 
Aviation Administration (FAA), and for registering such structures with 
the Commission. The Commission requires owners of antenna structures to 
register with the Commission those structures that meet the 
registration criteria and to exercise primary responsibility for the 
prescribed painting and lighting. The rule changes seek to achieve the 
best framework to continue to fulfill the Commission's statutory 
responsibility to require antenna structure owners, registrants and 
Commission licensees to do whatever is necessary to prevent antenna 
structures from being hazards or menaces to air navigation.
    62. Streamlining and eliminating outdated provisions of the 
Commission's part 17 rules governing the construction, marking, and 
lighting of antenna structures improves efficiency, reduces regulatory 
burdens, and improves compliance with tower painting and lighting 
requirements, while continuing to ensure the safety of pilots and 
aircraft passengers nationwide. This action marks another step in the 
Commission's process reform efforts, and will allow the Commission to 
modernize its rules while adhering to its statutory responsibility to 
prevent antenna structures from being hazards to air navigation.
ii. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    63. One commenter directly responded to the IRFA, raising concerns 
that the IRFA did not identify rules that might duplicate, overlap, or 
conflict with the rules proposed in the (NPRM). Specifically, the 
comments by Hammet & Edison addressed the Commission's proposal to 
defer to the FAA's criteria for when notice of construction or 
alteration is required. At the time of the (NPRM), a then-pending FAA 
rulemaking was considering whether to require notice for structures 
that emit specific radio frequencies, given the FAA's concerns over the 
impact of these frequencies on pilot communication. Hammet & Edison 
request that the Commission reconsider the (NPRM) in light of these 
concerns.
    64. In response to concerns by Hammet & Edison and other commenters 
about the potential for the scope of the Commission's part 17 rules to 
expand as a result of an FAA rulemaking, the Report and Order declines 
to adopt the proposal from the (NPRM) to defer to the FAA on these 
criteria. The FAA did not adopt the expanded scope proposed originally, 
however a decision on that issue remains pending. Instead, the Report 
and Order adopts modifications to the relevant rules in part 17 to 
reflect the current FAA notification criteria and exemptions. This 
accommodation will alleviate concerns raised by commenters about FAA 
rule changes expanding the scope of the part 17 rules, and are 
adequately addressed in this FRFA.
    65. In addition, a number of commenters raised concerns about the 
impact on small businesses of the Commission's lighting and marking 
requirements. This FRFA explains below how the revised rules adopted in 
the Report and Order will affect antenna structure owners, particularly 
owners that are small businesses.
iii. Response to Comments by the Chief Counsel for Advocacy of the 
Small Business Administration
    66. Pursuant to the Small Business Jobs Act of 2010, the Commission 
is required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration (SBA), and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.
a. Description and Estimate of the Number of Small Entities To Which 
Rules Will Apply
    67. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of, the number of small entities that may 
be affected by the rules adopted herein. The RFA generally defines the 
term small entity as having the same meaning as the terms small 
business, small organization, and small governmental jurisdiction. In 
addition, the term small business has the same meaning as the term 
small business concern under the Small Business Act. A small business 
concern is one which: (1) is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    68. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. The Commission's action may, over time, affect small 
entities that are not easily categorized at present. The Commission 
therefore describes here, at the outset, three comprehensive, statutory 
small entity size standards. First, nationwide, there are a total of 
approximately 27.5 million small businesses, according to the SBA. In 
addition, a small organization is generally any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. Nationwide, as of 2007, there were approximately 
1,621,315 small organizations. Finally, the term small governmental 
jurisdiction is defined generally as governments of cities, towns, 
townships, villages, school districts, or special districts, with a 
population of less than fifty thousand. Census Bureau data for 2011 
indicate that there were 89,476 local governmental jurisdictions in the 
United States. The Commission estimates that, of this total, as many as 
88,506 entities may qualify as small governmental jurisdictions. Thus, 
the Commission estimates that most governmental jurisdictions are 
small.
    69. Wireless Telecommunications Carriers (except satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular phone services, 
paging services, wireless Internet access, and wireless video services. 
The appropriate size standard under SBA rules is for the category 
Wireless Telecommunications Carriers. The size standard for that 
category is that a business is small if it has 1,500 or fewer 
employees. For this category, census data for 2007 show that there were 
11,163 establishments that operated for the entire year. Of this total, 
10,791 establishments had employment of 99 or fewer employees and 372 
had employment of 1000 employees or more. Thus under this category and 
the associated small business size standard, the Commission estimates 
that the majority of wireless telecommunications carriers (except 
satellite) are small entities that may be affected by the proposed 
action. Similarly, according to Commission data, 413 carriers reported 
that they were engaged in the provision of wireless telephony, 
including cellular service, PCS, and Specialized Mobile Radio (SMR) 
Telephony services. Of these, an estimated 261 have 1,500 or fewer 
employees and 152 have more than 1,500 employees. Consequently, the 
Commission estimates that approximately half or more of these firms can 
be considered small. Thus, using available data, the Commission

[[Page 56979]]

estimates that the majority of wireless firms can be considered small.
    70. Broadband Radio Service and Educational Broadband Service. 
Broadband Radio Service systems, previously referred to as Multipoint 
Distribution Service (MDS) and Multichannel Multipoint Distribution 
Service (MMDS) systems, and wireless cable, transmit video programming 
to subscribers and provide two-way high speed data operations using the 
microwave frequencies of the Broadband Radio Service (BRS) and 
Educational Broadband Service (EBS) (previously referred to as the 
Instructional Television Fixed Service (ITFS)). In connection with the 
1996 BRS auction, the Commission established a small business size 
standard as designating an entity that had annual average gross 
revenues of no more than $40 million in the previous three calendar 
years. The BRS auctions resulted in 67 successful bidders obtaining 
licensing opportunities for 493 Basic Trading Areas (BTAs). Of the 67 
auction winners, 61 met the definition of a small business. BRS also 
includes licensees of stations authorized prior to the auction. At this 
time, the Commission estimates that of the 61 small business BRS 
auction winners, 48 remain small business licensees. In addition to the 
48 small businesses that hold BTA authorizations, there are 
approximately 392 incumbent BRS licensees that are considered small 
entities. After adding the number of small business auction licensees 
to the number of incumbent licensees not already counted, the 
Commission finds that there are currently approximately 440 BRS 
licensees that are defined as small businesses under either the SBA's 
or the Commission's rules.
    71. In 2009, the Commission conducted Auction 86, the sale of 78 
licenses in the BRS areas. The Commission offered three levels of 
bidding credits: (i) A bidder with attributed average annual gross 
revenues that exceed $15 million and do not exceed $40 million for the 
preceding three years (small business) received a 15 percent discount 
on its winning bid; (ii) a bidder with attributed average annual gross 
revenues that exceed $3 million and do not exceed $15 million for the 
preceding three years (very small business) received a 25 percent 
discount on its winning bid; and (iii) a bidder with attributed average 
annual gross revenues that do not exceed $3 million for the preceding 
three years (entrepreneur) received a 35 percent discount on its 
winning bid. Auction 86 concluded in 2009 with the sale of 61 licenses. 
Of the ten winning bidders, two bidders that claimed small business 
status won 4 licenses; one bidder that claimed very small business 
status won three licenses; and two bidders that claimed entrepreneur 
status won six licenses.
    72. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the Local Multipoint Distribution Service 
(LMDS), the Digital Electronic Message Service (DEMS), and the 24 GHz 
Service, where licensees can choose between common carrier and non-
common carrier status. At present, there are approximately 31,428 
common carrier fixed licensees and 79,732 private operational-fixed 
licensees and broadcast auxiliary radio licensees in the microwave 
services. There are approximately 120 LMDS licensees, three DEMS 
licensees, and three 24 GHz licensees. The Commission has not yet 
defined a small business with respect to microwave services. For 
purposes of the IRFA, the Commission will use the SBA's definition 
applicable to Wireless Telecommunications Carriers (except satellite)--
i.e., an entity with no more than 1,500 persons. Under the present and 
prior categories, the SBA has deemed a wireless business to be small if 
it has 1,500 or fewer employees. For the category of Wireless 
Telecommunications Carriers (except Satellite), Census data for 2007 
show that there were 11,163 firms that operated that year. Of those, 
10,791 had fewer than 1000 employees, and 372 firms had 1000 employees 
or more. Thus under this category and the associated small business 
size standard, the majority of firms can be considered small. The 
Commission notes that the number of firms does not necessarily track 
the number of licensees. The Commission estimates that virtually all of 
the Fixed Microwave licensees (excluding broadcast auxiliary licensees) 
would qualify as small entities under the SBA definition.
    73. Private Land Mobile Radio. Private Land Mobile Radio (PLMR) 
systems serve an essential role in a range of industrial, business, 
land transportation, and public safety activities. These radios are 
used by companies of all sizes operating in all U.S. business 
categories that operate and maintain switching and transmission 
facilities to provide communications via the airwaves. Establishments 
in this industry have spectrum licenses and provide services using that 
spectrum, such as cellular phone services, paging services, wireless 
Internet access, and wireless video services. The SBA has not developed 
a definition of small entity specifically applicable to PLMR licensees 
due to the vast array of PLMR users. However, the Commission believes 
that the most appropriate classification for PLMR is Wireless 
Communications Carriers (except satellite). The size standard for that 
category is that a business is small if it has 1,500 or fewer 
employees. For this category, census data for 2007 show that there were 
11,163 establishments that operated for the entire year. Of this total, 
10,791 establishments had employment of 999 or fewer employees and 372 
had employment of 1000 employees or more. Thus under this category and 
the associated small business size standard, the Commission estimates 
that the majority of wireless telecommunications carriers (except 
satellite) are small entities that may be affected by the proposed 
action.
    74. Similarly, according to Commission data, 413 carriers reported 
that they were engaged in the provision of wireless telephony, 
including cellular service, PCS, and Specialized Mobile Radio (SMR) 
Telephony services. Of these, an estimated 261 have 1,500 or fewer 
employees and 152 have more than 1,500 employees. Consequently, the 
Commission estimates that approximately half or more of these firms can 
be considered small. Thus, using available data, the Commission 
estimates that the majority of wireless firms can be considered small.
    75. Other relevant information about PLMRs is as follows. The 
Commission's 1994 Annual Report on PLMRs indicates that at the end of 
fiscal year 1994 there were 1,087,267 licensees operating 12,481,989 
transmitters in the PLMR bands below 512 MHz. Because any entity 
engaged in a commercial activity is eligible to hold a PLMR license, 
the revised rules in this context could potentially impact every small 
business in the United States.
    76. Personal Radio Services. Personal radio services provide short-
range, low power radio for personal communications, radio signaling, 
and business communications not provided for in other services. The 
Personal Radio Services include spectrum licensed under part 95 of the 
Commission's rules. These services include Citizen Band Radio Service 
(CB), General Mobile Radio Service (GMRS), Radio Control Radio Service 
(R/C), Family Radio Service (FRS), Wireless Medical Telemetry Service 
(WMTS), Medical Implant Communications Service (MICS), Low Power Radio 
Service (LPRS), and Multi-Use Radio Service (MURS). There are a variety 
of methods used to license the spectrum in these rule parts, from 
licensing by rule, to

[[Page 56980]]

conditioning operation on successful completion of a required test, to 
site-based licensing, to geographic area licensing. Under the RFA, the 
Commission is required to make a determination of which small entities 
are directly affected by the rules being proposed. Since all such 
entities are wireless, the Commission applies the definition of 
Wireless Telecommunications Carriers (except Satellite), pursuant to 
which a small entity is defined as employing 1,500 or fewer persons. 
Many of the licensees in these services are individuals, and thus are 
not small entities. In addition, due to the mostly unlicensed and 
shared nature of the spectrum utilized in many of these services, the 
Commission lacks direct information upon which to base an estimation of 
the number of small entities under an SBA definition that might be 
directly affected by the proposed actions.
    77. Public Safety Radio Services. Public Safety radio services 
include police, fire, local government, forestry conservation, highway 
maintenance, and emergency medical services. There are a total of 
approximately 127,540 licensees within these services. Governmental 
entities as well as private businesses comprise the licensees for these 
services. All governmental entities with populations of less than 
50,000 fall within the definition of a small entity.
    78. Location and Monitoring Service (LMS). Multilateration LMS 
systems use non-voice radio techniques to determine the location and 
status of mobile radio units. For purposes of auctioning LMS licenses, 
the Commission has defined a small business as an entity that, together 
with controlling interests and affiliates, has average annual gross 
revenues for the preceding three years not to exceed $15 million. A 
very small business is defined as an entity that, together with 
controlling interests and affiliates, has average annual gross revenues 
for the preceding three years not to exceed $3 million. These 
definitions have been approved by the SBA. An auction for LMS licenses 
commenced on February 23, 1999 and closed on March 5, 1999. Of the 528 
licenses auctioned, 289 licenses were sold to four small businesses.
    79. Multiple Address Systems. Entities using Multiple Address 
Systems (MAS) spectrum, in general, fall into two categories: (1) those 
using the spectrum for profit-based uses, and (2) those using the 
spectrum for private internal uses. With respect to the first category, 
the Commission defines small entity for MAS licensees as an entity that 
has average gross revenues of less than $15 million in the three 
previous calendar years. Very small business is defined as an entity 
that, together with its affiliates, has average gross revenues of not 
more than $3 million for the preceding three calendar years. The SBA 
has approved of these definitions. The majority of these entities will 
most likely be licensed in bands where the Commission has implemented a 
geographic area licensing approach that would require the use of 
competitive bidding procedures to resolve mutually exclusive 
applications. The Commission's licensing database indicates that, as of 
April 16, 2010, there were a total of 11,653 site-based MAS station 
authorizations. Of these, 58 authorizations were associated with common 
carrier service. In addition, the Commission's licensing database 
indicates that, as of April 16, 2010, there were a total of 3,330 EA 
market area MAS authorizations. The Commission's licensing database 
indicates that, as of April 16, 2010, of the 11,653 total MAS station 
authorizations, 10,773 authorizations were for private radio service.
    80. With respect to the second category, which consists of entities 
that use, or seek to use, MAS spectrum to accommodate their own 
internal communications needs, MAS serves an essential role in a range 
of industrial, safety, business, and land transportation activities. 
MAS radios are used by companies of all sizes, operating in virtually 
all U.S. business categories, and by all types of public safety 
entities. For the majority of private internal users, the definition 
developed by the SBA would be more appropriate than the Commission's 
definition. The applicable definition of small entity in this instance 
appears to be the Wireless Telecommunications Carriers (except 
satellite) definition under the SBA rules. Under that SBA category, a 
business is small if it has 1,500 or fewer employees. For this 
category, census data for 2007 show that there were 11,163 
establishments that operated for the entire year. Of this total, 10,791 
establishments had employment of 99 or fewer employees and 372 had 
employment of 100 employees or more. Thus under this category and the 
associated small business size standard, the Commission estimates that 
the majority of wireless telecommunications carriers (except satellite) 
are small entities that may be affected by the proposed action.
    81. Television Broadcasting. The SBA defines a television 
broadcasting station that has no more than $35.5 million in annual 
receipts as a small business. Business concerns included in this 
industry are those primarily engaged in broadcasting images together 
with sound. These establishments operate television broadcasting 
studios and facilities for the programming and transmission of programs 
to the public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations, which in turn 
broadcast the programs to the public on a predetermined schedule. 
Programming may originate in the station's own studio, from an 
affiliated network, or from an external source.
    82. According to Commission staff review of the BIA Financial 
Network, Inc. Media Access Pro Television Database as of March 31, 
2013, about 90 percent of an estimated 1,385 commercial television 
stations in the United States have revenues of $35.5 million or less. 
Based on this data and the associated size standard, the Commission 
concludes that the majority of such establishments are small. The 
Commission has estimated the number of licensed noncommercial 
educational (NCE) stations to be 396. The Commission does not have 
revenue estimates for NCE stations. These stations rely primarily on 
grants and contributions for their operations, so the Commission 
assumes that all of these entities qualify as small businesses. In 
addition, there are approximately 567 licensed Class A stations, 2,227 
licensed low power television (LPTV) stations, and 4,518 licensed TV 
translators. Given the nature of these services, the Commission will 
presume that all LPTV licensees qualify as small entities under the 
above SBA small business size standard.
    83. The Commission notes that in assessing whether a business 
entity qualifies as small under the above definition, business control 
affiliations must be included. The Commission's estimate, therefore, 
likely overstates the number of small entities affected by the proposed 
rules, because the revenue figures on which this estimate is based do 
not include or aggregate revenues from affiliated companies.
    84. In addition, an element of the definition of small business is 
that the entity not be dominant in its field of operation. The 
Commission is unable at this time and in this context to define or 
quantify the criteria that would establish whether a specific 
television station is dominant in its market of operation. Accordingly, 
the foregoing estimate of small businesses to which the rules may apply 
does not exclude any television stations from the definition of a small 
business on this basis and is therefore over-inclusive to that extent. 
An additional element of the definition of ``small business'' is that 
the

[[Page 56981]]

entity must be independently owned and operated. It is difficult at 
times to assess these criteria in the context of media entities, and 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.
    85. Radio Broadcasting. This Economic Census category comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in the station's own 
studio, from an affiliated network, or from an external source. The SBA 
defines a radio broadcasting entity that has $35.5 million or less in 
annual receipts as a small business. According to Commission staff 
review of the BIA Kelsey Inc. Media Access Radio Analyzer Database as 
of June 5, 2013, about 90 percent of the 11,340 of commercial radio 
stations in the United States have revenues of $35.5 million or less. 
Therefore, the majority of such entities are small entities. The 
Commission has estimated the number of licensed noncommercial radio 
stations to be 3,917. The Commission does not have revenue data or 
revenue estimates for these stations. These stations rely primarily on 
grants and contributions for their operations, so the Commission 
assumes that all of these entities qualify as small businesses. The 
Commission notes that in assessing whether a business entity qualifies 
as small under the above definition, business control affiliations must 
be included. In addition, to be determined to be a ``small business,'' 
the entity may not be dominant in its field of operation. The 
Commission notes that it is difficult at times to assess these criteria 
in the context of media entities, and its estimate of small businesses 
may therefore be over-inclusive.
    86. FM translator stations and low power FM stations. The proposed 
rules and policies could affect licensees of FM translator and booster 
stations and low power FM (LPFM) stations, as well as potential 
licensees in these radio services. The same SBA definition that applies 
to radio broadcast licensees would apply to these stations. The SBA 
defines a radio broadcast station as a small business if such station 
has no more than $35.5 million in annual receipts. Currently, there are 
approximately 6,155 licensed FM translator and booster stations and 864 
licensed LPFM stations. Given the nature of these services, the 
Commission will presume that all of these licensees qualify as small 
entities under the SBA definition.
    87. Cable Television Systems. Since 2007, these services have been 
defined within the broad economic census category of Wired 
Telecommunications Carriers; that category is defined as follows: This 
industry comprises establishments primarily engaged in operating and/or 
providing access to transmission facilities and infrastructure that 
they own and/or lease for the transmission of voice, data, text, sound, 
and video using wired telecommunications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies. The SBA has developed a small business size standard for 
this category, which is: all such firms having 1,500 or fewer 
employees. Census data for 2007 shows that there were 3,188 firms that 
operated for the duration of that year. Of those, 3,144 had fewer than 
1000 employees, and 44 firms had more than 1000 employees. Thus under 
this category and the associated small business size standard, the 
majority of such firms can be considered small.
    88. Cable Companies and Systems. The Commission has also developed 
its own small business size standards, for the purpose of cable rate 
regulation. Under the Commission's rules, a small cable company is one 
serving 400,000 or fewer subscribers, nationwide. Industry data 
indicate that of approximately 1,100 cable operators nationwide, all 
but ten are small under this size standard. In addition, under the 
Commission's rules, a small system is a cable system serving 15,000 or 
fewer subscribers. Industry data indicate that of 6,635 systems 
nationwide, 5,802 systems have fewer than 10,000 subscribers, and an 
additional 302 systems have 10,000-19,999 subscribers. Thus, under this 
second size standard, most cable systems are small.
    89. Cable System Operators. The Communications Act of 1934, as 
amended, also contains a size standard for small cable system 
operators, which is a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000. The Commission has determined that an operator serving 
fewer than 677,000 subscribers shall be deemed a small operator, if its 
annual revenues, when combined with the total annual revenues of all 
its affiliates, do not exceed $250 million in the aggregate. Industry 
data indicate that of approximately 1,100 cable operators nationwide, 
all but ten are small under this size standard. The Commission notes 
that it neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million, and therefore it is unable to estimate 
more accurately the number of cable system operators that would qualify 
as small under this size standard.
    90. Satellite Telecommunications. Two economic census categories 
address the satellite industry. The first category has a small business 
size standard of $30 million or less in average annual receipts, under 
SBA rules. The second has a size standard of $30 million or less in 
annual receipts.
    91. The category of Satellite Telecommunications comprises 
establishments primarily engaged in providing telecommunications 
services to other establishments in the telecommunications and 
broadcasting industries by forwarding and receiving communications 
signals via a system of satellites or reselling satellite 
telecommunications. Census Bureau data for 2007 show that 607 Satellite 
Telecommunications establishments operated for that entire year. Of 
this total, 533 establishments had annual receipts of under $10 
million, and 74 establishments had receipts of $10 million or more. 
Consequently, the Commission estimates that the majority of Satellite 
Telecommunications firms are small entities that might be affected by 
this action.
    92. The second category, i.e., All Other Telecommunications, 
comprises establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry. For this category, 
Census data for 2007 shows that there were a total of 2,639 
establishments that operated for the entire year. Of those 2,639 
establishments, 2,333 operated with annual receipts of less than $10 
million and 306 with annual receipts of $10 million or more. 
Consequently, the Commission estimates that a majority of All Other 
Telecommunications establishments are small entities that might be 
affected by its action.
    93. Non-Licensee Tower Owners. Although at one time, most

[[Page 56982]]

communications towers were owned by the licensee using the tower to 
provide communications service, many towers are now owned by third-
party businesses that do not provide communications services themselves 
but lease space on their towers to other companies that provide 
communications services. The Commission's rules require that any 
entity, including a non-licensee, proposing to construct a tower over 
200 feet in height or within the glide slope of an airport must 
register the tower with the Commission on FCC Form 854. Thus, non-
licensee tower owners may be affected by the provisions of this Report 
and Order.
    94. As of June 28, 2013, there are approximately 113,612 
registration records in a `Constructed' status and 13,572 registration 
records in a `Granted, Not Constructed' status in the ASR database. 
This includes both towers registered to licensees and towers registered 
to non-licensee tower owners. The Commission does not keep information 
from which it can easily determine how many of these towers are 
registered to non-licensees or how many non-licensees have registered 
towers. Regarding towers that do not require antenna structure 
registration, the Commission does not collect information as to the 
number of such towers in use and therefore cannot estimate the number 
of tower owners who would be subject to the proposed rules. Moreover, 
the SBA has not developed a size standard for small businesses in the 
category Tower Owners. Therefore, the Commission is unable to determine 
the number of non-licensee tower owners that are small entities. The 
Commission believes, however, that when all individuals owning 10 or 
fewer towers and leasing space for collocation are included, non-
licensee tower owners, number in the thousands, and that nearly all of 
these qualify as small businesses under the SBA's definition for All 
Other Telecommunications. In addition, there may be other non-licensee 
owners of other wireless infrastructure, including DAS and small cells, 
that might be affected by the regulatory measures proposed in this 
Report and Order. The Commission does not have any basis for estimating 
the number of such non-licensee owners that are small entities.
b. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    95. The Report and Order adopts several reporting, recordkeeping, 
and other compliance requirements which could affect small entities. 
First, the Report and Order amends the Commission's rules to require 
that owners display the Antenna Structure Registration (ASR) number so 
that it is visible to a member of the general public who reaches the 
closest publicly accessible location near the antenna structure base. 
Where more than one publicly accessible access point exists, the 
Commission modifies its rules to require posting at each access point 
location. Likewise, where a single perimeter fence surrounds multiple 
antenna structures, the Commission will require that owners post the 
registration both at any access points, and at the base of the 
structure. These requirements are necessary to ensure that the FAA and 
Commission personnel, as well as members of the public, can quickly and 
easily identify a particular structure in order to report a lighting 
outage or other air safety hazard in a timely fashion. The Commission 
also modifies its rules to allow owners to provide tenants the ASR 
number and link to the Commission's online system via mail, email, or 
other electronic means, as an alternative to providing a paper copy of 
Form 854R. This update of the Commission's rules will reduce the 
compliance burden on all antenna structure owners, including small 
entities.
    96. Further, the Commission revises its rules to require antenna 
structure owners to provide the FAA with regular updates on the status 
of their repairs of lighting outages so that the FAA can maintain 
notifications to aircraft throughout the entire period of time the 
antenna structure remains unlit. These updates will also include 
updates to its estimated return-to-service date to the FAA. The 
Commission concludes that on balance, this limited burden on antenna 
structure owners, which may include small entities, is insignificant 
compared to the need to have accurate antenna structure lighting outage 
information, as pilots rely on this information to ensure air safety. 
The Commission also eliminates the requirement for using a specific 
means of notification (which currently contains the outdated reference 
to telegraph) and requires instead notification by means acceptable to 
the FAA. This change clarifies the rule by eliminating a previously 
specified option that is no longer viable, which in turn will lessen 
the burden on antenna structure owners, including small entities.
    97. Finally, the Commission revises its rules to require antenna 
structure owners to maintain a record of observed or otherwise known 
extinguishments or improper functioning of structure lights for two 
years, and to provide such records to the Commission upon request. 
Limiting the retention time period to two years lessens the burden on 
antenna structure owners, which may include small entities, without 
hindering the Commission's ability to monitor an antenna structure 
owner's compliance record.
c. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    98. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its approach, which 
may include the following four alternatives (among others): (1) the 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    99. The rule changes herein are intended both to promote aircraft 
navigation safety and also to reduce regulatory burdens on small 
entities by clarifying the relationship between the Commission's rules 
and procedures and those of the FAA and ensuring continued consistency 
in those rules and procedures. The Commission asked commenters to 
suggest alternatives that may further reduce the impact on small 
entities while achieving the above intended goals. The Commission 
specifically sought comment on whether to further reduce regulatory 
burdens on small entities by amending 47 CFR 17.17(b) (redesignated as 
47 CFR 17.24) to provide that a revised FAA Circular does not impose 
new obligations on already-approved antenna structures. The Commission 
sought comment on whether such deregulatory action would unduly limit 
the Commission's flexibility and whether it would afford appropriate 
deference to the FAA's expertise and how possible alternatives could 
further lessen the burden on small businesses while achieving these 
goals.
    100. For each of the rule changes, the Commission sought 
discussion, and where relevant, alternative proposals, on the effect 
that each new requirement, or alternative rules, might have on small 
entities. For each rule change, the Commission sought discussion about 
the burden that the rule change would impose on small entities and how 
the Commission could impose such rule

[[Page 56983]]

changes while minimizing the burdens on small entities. For each rule 
change, the Commission asked whether there were any alternatives that 
the Commission could implement that could achieve the Commission's 
goals while at the same time minimizing the burdens on small entities.
    101. As a result, the rule modifications the Commission implements 
in this Report and Order will reduce redundancy, conflicts and 
ambiguity in antenna marking and lighting regulations. In pursuit of 
that end, the Commission has: (1) deleted any reference to older FAA 
Advisory Circulars, instead requiring structure owners to generally 
comply with the FAA's no hazard determination and associated study for 
a structure in establishing painting and lighting specifications; (2) 
eliminated the stated exemptions to the lighting and marking criteria 
for previously authorized structures and clarified that existing 
antenna structures will generally not be required to comply with any 
new lighting and marking requirements unless the FAA mandates 
application of such changes with regard to a particular structure; (3) 
amended the rules to provide that any change in height of one foot or 
greater, or any change in coordinates of one second or greater requires 
prior approval; (4) lengthened the notification and dismantlement 
requirements to provide that the owner of an antenna structure shall 
notify the Commission within five days of when a construction or 
alteration of a structure reaches its greatest height, when a 
construction or alteration is dismantled or destroyed, and when there 
are any changes in structure height or ownership; (5) continued to 
allow owners to voluntarily register antenna structures and required 
owners to designate when a particular registration is done voluntarily; 
(6) modified the rules to allow owners to provide tenants the ASR 
number and link to the Commission's online system via mail, email, or 
other electronic means, as an alternative to providing a paper copy of 
Form 854R; (7) exempted qualifying NOC-based monitoring systems from 
quarterly inspection obligations, thereby eliminating the quarterly 
inspection obligation for those towers using sufficiently robust 
monitoring systems; (8) limited the time period to two years for 
requiring antenna structure owners to maintain a record of observed or 
otherwise known extinguishments or improper functioning of structure 
lights and providing such records to the Commission upon request; and 
(9) harmonized its tower cleaning and repainting standards with the 
FAA's and declined to- require tower repainting every ten years. While 
not specifically targeted at small firms, these numerous measures are 
intended to lessen the regulatory burden on all tower owners and 
operators.
d. Federal Rules That Might Duplicate, Overlap, or Conflict With the 
Rules
    102. The IRFA in the (NPRM) of this proceeding omitted reference to 
the FAA in section F of the IRFA even though the (NPRM) addressed 
Commission rules that in some cases duplicated, overlapped, or were 
inconsistent with rules of the FAA. Notwithstanding the omission of 
Section F, the (NPRM) and the IRFA explained how the Commission's rules 
overlap and are inconsistent with the FAA's rules. Accordingly, the 
(NPRM) proposed amendments to the part 17 rules to update and modernize 
them, including harmonizing them with FAA rules where appropriate. The 
IRFA noted the overlapping and conflicting rules vis-[agrave]-vis the 
FAA's and Commission's shared responsibility to safeguard air traffic 
and promote tower safety and visibility. Specifically, the IRFA 
proposed to eliminate Commission rules that were restatements of FAA 
rules and to cross reference relevant FAA rules in order to eliminate 
confusion. The IRFA also proposed changes that were intended to clarify 
the relationship between the Commission's rules and procedures and 
those of the FAA to ensure continued consistency in those rules and 
procedures. The Commission further proposed to require use of the FAA's 
criteria for tower visibility, including determining when an antenna 
structure needs to be cleaned and repainted.
    103. In the Report and Order, the Commission takes the following 
actions to harmonize Commission rules with overlapping FAA rules by: 
(1) eliminating any reference to older FAA Advisory Circulars in the 
Commission's rules, and instead requiring structure owners to generally 
comply with the FAA's no hazard determination and associated study for 
a structure in establishing painting and lighting specifications; (2) 
deciding that it generally will not require existing antenna structures 
to comply with any new lighting and marking requirements unless the FAA 
mandates application of such changes with regard to a particular 
structure; (4) determining that it will continue to defer to the FAA 
and require antenna structure owners to provide height and location 
measurements matching those provided to the FAA in their applications; 
(5) modifying notification and dismantlement requirements to make them 
consistent with the FAA's rules by requiring the owner of an antenna 
structure to notify the Commission within five days of when a 
construction or alteration of a structure reaches its greatest height, 
when a construction or alteration is dismantled or destroyed, and when 
there are any changes in structure height or ownership; (6) revising 
Commission rules to require antenna structure owners to provide 
continuously active NOTAM notice to the FAA of lighting outages; (7) 
requiring that an antenna structure owner notify the FAA that it needs 
to extend the lighting outage date, as well as provide a return to 
service date, if a lighting outage cannot be repaired within the FAA's 
original NOTAM period; (8) changing the requirement that the FAA must 
be notified of a lighting outage by telephone or telegraph and 
requiring instead that such notification be made by a means acceptable 
to the FAA; and (9) adopting the FAA's In-Service Aviation Orange 
Tolerance Chart as the benchmark for determining whether a structure 
needs to be cleaned or repainted.
    104. The Commission sought extensive public comment on these issues 
in the (NPRM), and in the attached IRFA. After an exhaustive review of 
the record and a careful weighing of the costs and benefits, the 
Commission adopted the proposed regulatory changes to eliminate 
duplicative, overlapping, or conflicting regulations, thereby achieving 
improved regulatory harmonization with the FAA.
e. Report to Congress
    105. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act.
f. Report to Small Business Administration
    106. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

C. Congressional Review Act

    107. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act.

[[Page 56984]]

IV. Ordering Clauses

    108. Accordingly, it is ordered, pursuant to sections 4(i), 4(j), 
11 and 303(q) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i)-(j), 161, 303(q), that this Report and Order is hereby adopted.
    109. It is further ordered that parts 0, 1, and 17 of the 
Commission's rules, 47 CFR. 0.331, 1.61, 17.1, 17.2, 17.4, 17.6, 17.7, 
17.14, 17.17, 17.21, 17.22, 17.23, 17.24, 17.45, 17.47, 17.48, 17.49, 
17.50, 17.51, 17.56, 17.57, and 17.58 are amended as specified in, and 
such rule amendments shall be effective October 24, 2014, except for 
those rules and requirements which contain new or modified information 
collection requirements that require approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA) and 
will become effective after the Commission publishes a notice in the 
Federal Register announcing such approval and the relevant effective 
date.
    110. It is further ordered that the American Tower Corporation 
Request for Modification of Existing Waiver of 47 CFR 17.47(b) is 
dismissed without prejudice.
    111. It is further ordered that, pursuant to section 801(a)(1)(A) 
of the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission 
shall send a copy of this Report and Order to Congress and to the 
Government Accountability Office.
    112. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects

47 CFR Part 0

    Commission organization.

47 CFR Part 1

    Administrative practice and procedures, Telecommunications.

47 CFR Part 17

    Aviation safety, Communications equipment, Construction, marking, 
and lighting of antenna strucutres, Reporting and recordkeeping 
requirements.

Federal Communications Commisison.
Marlene H. Dortch,
Secretary.

Final rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0, 1, and 17 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Section 0.331 is amended by revising paragraph (d) to read as 
follows:


Sec.  0.331  Authority delegated.

* * * * *
    (d) Authority concerning rulemaking proceedings. The Chief, 
Wireless Telecommunications Bureau shall not have the authority to act 
upon notices of proposed rulemaking and inquiry, final orders in 
rulemaking proceedings and inquiry proceedings, and reports arising 
from any of the foregoing except such orders involving ministerial 
conforming amendments to rule parts, or orders conforming any of the 
applicable rules to formally adopted international conventions or 
agreements where novel questions of fact, law, or policy are not 
involved. Orders conforming any of the applicable rules in part 17 of 
this chapter to rules formally adopted by the Federal Aviation 
Administration also need not be referred to the Commission if they do 
not involve novel questions of fact, law, or policy. In addition, 
revisions to the airport terminal use list in Sec.  90.35(c)(61) of 
this chapter and revisions to the Government Radiolocation list in 
Sec.  90.371(b) of this chapter need not be referred to the Commission. 
Adoption of certain technical standards applicable to hearing aid 
compatibility under Sec.  20.19 of this chapter made together with the 
Chief of the Office of Engineering and Technology, as specified in 
Sec.  20.19(k) of this chapter, also need not be referred to the 
Commission. Also, the addition of new Marine VHF frequency coordination 
committee(s) to Sec.  80.514 of this chapter need not be referred to 
the Commission if they do not involve novel questions of fact, policy 
or law, as well as requests by the United States Coast Guard to:
    (1) Designate radio protection areas for mandatory Vessel Traffic 
Services (VTS) and establish marine channels as VTS frequencies for 
these areas; or
    (2) Designate regions for shared commercial and non-commercial 
vessel use of VHF marine frequencies.
    (3) Designate by footnote to frequency table in Sec.  80.373(f) of 
this chapter marine VHF frequencies are available for intership port 
operations communications in defined port areas.
* * * * *

PART 1--PRACTICE AND PROCEDURE

0
3. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), 309, 1403, 1404, and 1451.


0
4. Section 1.61 is amended by revising paragraph (a)(5) to read as 
follows:


Sec.  1.61  Procedures for handling applications requiring special 
aeronautical study.

* * * * *
    (a) * * *
    (5) Upon receipt of FCC Form 854, and attached FAA final 
determination of ``no hazard,'' the Bureau may prescribe antenna 
structure painting and/or lighting specifications or other conditions 
in accordance with the FAA airspace recommendation. Unless otherwise 
specified by the Bureau, the antenna structure must conform to the 
FAA's painting and lighting recommendations set forth in the FAA's 
determination of ``no hazard'' and the associated FAA study number. The 
Bureau returns a completed Antenna Structure Registration (FCC Form 
854R) to the registrant. If the proposed structure is disapproved the 
registrant is so advised.
* * * * *

PART 17--CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES

0
5. The authority citation for part 17 continues to read as follows:

    Authority:  Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303. Interpret or apply secs. 301, 309, 48 Stat. 1081, 
1085 as amended; 47 U.S.C. 301, 309.


0
6. Section 17.1 is amended by revising paragraph (b) to read as 
follows:


Sec.  17.1  Basis and purpose.

* * * * *
    (b) The purpose of this part is to prescribe certain procedures for 
antenna structure registration and standards with respect to the 
Commission's consideration of proposed antenna structures which will 
serve as a guide to antenna structure owners.


0
7. Section 17.2 is amended by revising paragraphs (a), (b), and (c) to 
read as follows:

[[Page 56985]]

Sec.  17.2  Definitions.

    (a) Antenna structure. The term antenna structure means a structure 
that is constructed or used to transmit radio energy, or that is 
constructed or used for the primary purpose of supporting antennas to 
transmit and/or receive radio energy, and any antennas and other 
appurtenances mounted thereon, from the time construction of the 
supporting structure begins until such time as the supporting structure 
is dismantled.
    (b) Antenna farm area. A geographical location, with established 
boundaries, designated by the Federal Communications Commission, in 
which antenna structures with a common impact on aviation may be 
grouped.
    (c) Antenna structure owner. For the purposes of this part, an 
antenna structure owner is the individual or entity vested with 
ownership, equitable ownership, dominion, or title to the antenna 
structure that is constructed or used to transmit radio energy, or the 
underlying antenna structure that supports or is intended to support 
antennas and other appurtenances. Notwithstanding any agreements made 
between the owner and any entity designated by the owner to maintain 
the antenna structure, the owner is ultimately responsible for 
compliance with the requirements of this part.
* * * * *


0
8. Section 17.4 is amended by revising paragraphs (a), (b), (e), (f), 
(g), and adding paragraphs (i), (j), and (k) to read as follows:


Sec.  17.4  Antenna structure registration.

    (a) The owner of any proposed or existing antenna structure that 
requires notice of proposed construction to the Federal Aviation 
Administration (FAA) due to physical obstruction must register the 
structure with the Commission. (See Sec.  17.7 for FAA notification 
requirements.) 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. If the FAA 
exempts an antenna structure from notification, it is exempt from the 
requirement that it register with the Commission. (See Sec.  17.7(e) 
for exemptions to FAA notification requirements.)
    (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 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 
of an antenna structure described in paragraph (a) of this section must 
file FCC Form 854 with the Commission. Additionally, each owner of a 
proposed structure referred to in paragraph (a) 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 be the 
highest point of the structure including any obstruction lighting or 
lightning arrester. If an antenna structure is not required to be 
registered under paragraph (a) of this section and it is voluntarily 
registered with the Commission after the effective date of this rule, 
the registrant must note on FCC Form 854 that the registration is 
voluntary. Voluntarily registered antenna structures are not subject to 
the lighting and marking requirements contained in this part.
* * * * *
    (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 to all 
tenant licensees and permittees notification that the structure has 
been registered, consistent with paragraph (f) of this section, 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 antenna structure owner shall 
immediately provide to all tenant licensees and permittees notification 
that the structure has been registered, along with either a copy of 
Form 854R or the Antenna Structure Registration Number and a link to 
the FCC antenna structure Web site: https://wireless.fcc.gov/antenna/. 
This notification may be done electronically or via paper mail.
    (g) Except as described in paragraph (h) of this section, the 
Antenna Structure Registration Number must be displayed so that it is 
conspicuously visible and legible from the publicly accessible area 
nearest the base of the antenna structure along the publicly accessible 
roadway or path. Where an antenna structure is surrounded by a 
perimeter fence, or where the point of access includes an access gate, 
the Antenna Structure Registration Number should be posted on the 
perimeter fence or access gate. Where multiple antenna structures 
having separate Antenna Structure Registration Numbers are located 
within a single fenced area, the Antenna Structure Registration Numbers 
must be posted both on the perimeter fence or access gate and near the 
base of each antenna structure. If the base of the antenna structure 
has more than one point of access, the Antenna Structure Registration 
Number must be posted so that it is visible at the publicly accessible 
area nearest each such point of access. Materials used to display the 
Antenna Structure Registration Number must be weather-resistant and of 
sufficient size to be easily seen where posted.
* * * * *
    (i) Absent Commission specification, the painting and lighting 
specifications recommended by the FAA are mandatory (see Sec.  17.23). 
However, the Commission may specify painting and/or lighting 
requirements for each antenna structure registration in addition to or 
different from those specified by the FAA.
    (j) Any change or correction in the overall height of one foot or 
greater or coordinates of one second or greater in longitude or 
latitude of a registered antenna structure requires prior approval from 
the FAA and modification of the existing registration with the 
Commission.
    (k) Any change in the marking and lighting that varies from the 
specifications described on any antenna structure registration requires 
prior approval from the FAA and the Commission.

0
9. Section 17.6 is amended by revising the section heading and 
paragraph (c) to read as follows:


Sec.  17.6  Responsibility for painting and lighting compliance.

* * * * *
    (c) 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

[[Page 56986]]

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 to all tenant licensees and permittees 
notification that the structure has been registered, consistent with 
Sec.  17.4(f), and for posting the registration number as required by 
Sec.  17.4(g).

0
10. Section 17.7 is amended by revising the introductory text and 
paragraphs (b) and (d), adding paragraph (e), and designating the note 
at the end of the section as ``Note to Sec.  17.7.''
    The revisions and addition read as follows:


Sec.  17.7  Antenna structures requiring notification to the FAA.

    A notification to the FAA is required, except as set forth in 
paragraph (e) of this section, for any of the following construction or 
alteration:
* * * * *
    (b) Any construction or alteration that exceeds an imaginary 
surface extending outward and upward at any of the following slopes:
    (1) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 
feet) from the nearest point of the nearest runway of each airport 
described in paragraph (d) of this section with its longest runway more 
than 0.98 kilometers (3,200 feet) in actual length, excluding 
heliports.
    (2) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 
feet) from the nearest point of the nearest runway of each airport 
described in paragraph (d) of this section with its longest runway no 
more than 0.98 kilometers (3,200 feet) in actual length, excluding 
heliports.
    (3) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 
feet) from the nearest point of the nearest landing and takeoff area of 
each heliport described in paragraph (d) of this section.
* * * * *
    (d) Any construction or alteration on any of the following airports 
and heliports:
    (1) A public use airport listed in the Airport/Facility Directory, 
Alaska Supplement, or Pacific Chart Supplement of the U.S. Government 
Flight Information Publications;
    (2) A military airport under construction, or an airport under 
construction that will be available for public use;
    (3) An airport operated by a Federal agency or the United States 
Department of Defense.
    (4) An airport or heliport with at least one FAA-approved 
instrument approach procedure.
    (e) A notification to the FAA is not required for any of the 
following construction or alteration:
    (1) Any object that will be shielded by existing structures of a 
permanent and substantial nature or by natural terrain or topographic 
features of equal or greater height, and will be located in the 
congested area of a city, town, or settlement where the shielded 
structure will not adversely affect safety in air navigation;
    (2) Any air navigation facility, airport visual approach or landing 
aid, aircraft arresting device, or meteorological device meeting FAA-
approved siting criteria or an appropriate military service siting 
criteria on military airports, the location and height of which are 
fixed by its functional purpose;
    (3) Any antenna structure of 6.10 meters (20 feet) or less in 
height, except one that would increase the height of another antenna 
structure.
* * * * *


Sec.  17.14  [Removed and Reserved]

0
11. Remove and reserve Sec.  17.14.


Sec.  17.17  [Remove and Reserved]

0
12. Remove and reserve Sec.  17.17.

0
13. Section 17.21 is amended by revising paragraph (a) and adding 
paragraph (c) to read as follows:


Sec.  17.21  Painting and lighting, when required.

* * * * *
    (a) Their height exceeds any obstruction standard requiring 
notification to the FAA (see Sec.  17.4(a) and Sec.  17.7).
* * * * *
    (c) An antenna installation is of such a nature that its painting 
and lighting specifications in accordance with the FAA airspace 
recommendation are confusing, or endanger rather than assist airmen, or 
are otherwise inadequate. In these cases, the Commission will specify 
the type of painting and lighting or other marking to be used for the 
particular structure.


Sec.  17.22  [Removed and Reserved]

0
14. Remove and reserve Sec.  17.22.
0
15. Section 17.23 is revised to read as follows:


Sec.  17.23  Specifications for painting and lighting antenna 
structures.

    Unless otherwise specified by the Commission, each new or altered 
antenna structure must conform to the FAA's painting and lighting 
specifications set forth in the FAA's final determination of ``no 
hazard'' and the associated FAA study for that particular structure. 
For purposes of this part, any specifications, standards, and general 
requirements set forth by the FAA in the structure's determination of 
``no hazard'' and the associated FAA study are mandatory. Additionally, 
each antenna structure must be painted and lighted in accordance with 
any painting and lighting requirements prescribed on the antenna 
structure's registration, or in accordance with any other 
specifications provided by the Commission.

0
16. The undesignated center heading ``Aviation Red Obstruction Lighting 
[Reserved]'' below Sec.  17.23 is removed.
0
17. Section 17.24 is added to read as follows:


Sec.  17.24  Existing structures.

    No change to painting or lighting criteria or relocation of 
airports shall at any time impose a new restriction upon any then 
existing or authorized antenna structure or structures, unless the FAA 
issues a new determination of ``no hazard'' and associated FAA study 
for the particular structure.


Sec.  17.45  [Removed and Reserved]

0
18. Remove and reserve Sec.  17.45.
0
19. Section 17.47 is amended by adding paragraph (c) to read as 
follows:


Sec.  17.47  Inspection of antenna structure lights and associated 
control equipment.

* * * * *
    (c) Is exempt from paragraph (b) of this section for any antenna 
structure monitored by a system that the Wireless Telecommunications 
Bureau has determined includes self-diagnostic features sufficient to 
render quarterly inspections unnecessary, upon certification of use of 
such system to the Bureau.

0
20. Section 17.48 is amended by revising paragraphs (a) and (b) to read 
as follows:


Sec.  17.48  Notification of extinguishment or improper functioning of 
lights.

* * * * *
    (a) Shall report immediately to the FAA, by means acceptable to the 
FAA, any observed or otherwise known extinguishment or improper 
functioning of any top steady burning light or any flashing obstruction 
light, regardless of its position on the antenna structure, not 
corrected within 30 minutes. If the lights cannot be repaired within 
the FAA's Notices to Airmen (NOTAM) period, the owner shall notify the 
FAA to extend the outage date and report a return-to-service date. The 
owner shall

[[Page 56987]]

repeat this process until the lights are repaired. Such reports shall 
set forth the condition of the light or lights, the circumstances which 
caused the failure, the probable date for restoration of service, the 
FCC Antenna Structure Registration Number, the height of the structure 
(AGL and AMSL if known) and the name, title, address, and telephone 
number of the person making the report. Further notification to the FAA 
by means acceptable to the FAA shall be given immediately upon 
resumption of normal operation of the light or lights.
    (b) An extinguishment or improper functioning of a steady burning 
side intermediate light or lights, shall be corrected as soon as 
practicable, but notification to the FAA of such extinguishment or 
improper functioning is not required.

0
21. Section 17.49 is amended by revising the introductory text to read 
as follows:


Sec.  17.49  Recording of antenna structure light inspections in the 
owner record.

    The owner of each antenna structure which is registered with the 
Commission and has been assigned lighting specifications referenced in 
this part must maintain a record of any observed or otherwise known 
extinguishment or improper functioning of a structure light. This 
record shall be retained for a period of two years and provided to the 
FCC or its agents upon request. The record shall include the following 
information for each such event:
* * * * *

0
22. Section 17.50 is revised to read as follows:


Sec.  17.50  Cleaning and repainting.

    Antenna structures requiring painting under this part shall be 
cleaned or repainted as often as necessary to maintain good visibility. 
Evaluation of the current paint status shall be made by using the FAA's 
In-Service Aviation Orange Tolerance Chart. This chart is based upon 
the color requirements contained in the National Bureau of Standards 
Report NBSIR 75-663, Color Requirements for the Marking of 
Obstructions.


Sec.  17.51  [Removed and Reserved]

0
23. Remove and reserved Sec.  17.51.
0
24. Section 17.56 is revised to read as follows:


Sec.  17.56  Maintenance of lighting equipment.

    Replacing or repairing of lights, automatic indicators or automatic 
control or alarm systems shall be accomplished as soon as practicable.

0
25. Section 17.57 is revised to read as follows:


Sec.  17.57  Report of radio transmitting antenna construction, 
alteration, and/or removal.

    The owner of an antenna structure for which an Antenna Structure 
Registration Number has been obtained must notify the Commission within 
5 days of completion of construction (FCC Form 854-R) and/or 
dismantlement (FCC Form 854). The owner must also notify the Commission 
within 5 days of any change in structure height or change in ownership 
information (FCC Form 854).


Sec.  17.58  [Removed and Reserved]

0
26. Remove and reserved Sec.  17.58.

[FR Doc. 2014-22772 Filed 9-23-14; 8:45 am]
BILLING CODE 6712-01-P